reasonable adjustments

[gingersnap]

if an employer fails to make reasonable adjustments when requested, can they still terminate employment due to long term sick leave that was taken for the same reason that reasonable adjustments were required in the first place?

[ULA]

Sorry but I need to get more information than you have provided to be able to help you, so please could you answer the following:

1. Were your reasonable adjustments requested as a result of a disability as defined by the Equality Act 2010?
2. What reason if any did the employer give for not making the reasonable adjustments.
3. What is the reason you have been off on long term sick? You seem to indicate it was because the reasonable adjustments were not made not due to your condition is this correct.
4. Has your employer started a disciplinary process and if so have they asked for access to medical records from your GP/consultant or asked you to attend an occupational health appointment?

[gingersnap]

the reasonable adjustments were requested due to a wrist injury that made it very hard to do the job and the injury subsequently got worse due to the lack of reasonable adjustments, it is now hard to do everyday things like prepare food
the employer simply said they couldn't provide reasonable adjustments
yes off on long term sick because reasonable adjustments weren't made and the injury is now too bad to work
the employer has started the process to close contract (had to repeatedly ask for an occupational health review and this was then only done over the phone)

[ULA]

How long did you have the wrist injury prior to requesting the reasonable adjustment?

What recommendations were there from the occupational health report about any reasonable adjustments that should be made?

If so, what were they?

What process is the company following at the moment? Is it disciplinary action related to capability?

[gingersnap]

had the wrist injury for over a year

no recommendations were made

yes its a closure of contract procedure related to capability

[ULA]

So there were no recommendations that came from the Occ Health team as to any reasonsable adjustments they advised the employer to consider following after their review with you.

You would need to prove that your wrist injury fell under the definition of a disability as defined by the Equality Act 2010 to make your case for the reaonsonable adjustments to be made, however factors such as the cost and practicability of making an adjustment and the resources available to the employer may be relevant in deciding what is reasonable and whether they can make the changes requested.

If you did meet the definition of having a disability resulting from your wrist injury then your employer will have to demonstrate that they have taken all appropriate steps to facilitate a return to work – including looking at alternative duties, hours and alternative roles where possible.

Ultimately though if you are unable to work and you have been on long term sick then, so long as an employer follows a fair process, they can termination your employment.