Employment > Disability. Employer won't make Reasonable Adjustments. I might be fired

[Avery]

When you got the report from the occupational health if they considered your condition to-be one that your employer needed to be aware of as they considered you to be Disabled according to the Equality Act it would normally be mentioned on the report .

It was mentioned


1, Occ Health doctor > Mental health ::
[Doctor doesn't mention equality act, but explains medical situation to employer so that they're aware].


2, Occ Health doctor > Mental health ::
"In my opinion, with such long-standing mental health issues Xxxxxxx is likely to be considered to fall within the disability provisions of the equality act. Ultimately this is a legal determination not a medical one."


3, Occ Health doctor > Mental health ::
"In my opinion Mr Xxxxxxx's case is likely to fall under the provisions of the of Equality Act 2010"


[Physical problem happened here, 17 months ago, though I continued working from home for 3.5 months]


4 (just before being ordered to stop working from home), Occ Health doctor > Physical health (Bad back)::
"In my opinion, Mr Xxxxxxx is temporarily unfit to return to the workplace"


5, Occ Health doctor > Physical health (Bad back)::
"...In my opinion Mr Xxxxxxx is temporarily unfit to be at work."

"It is hard to give a timescale for his return to work but I anticipate that this will be at least three to six months."


6 (after dismissal, before appeal). GP > Mental health ::
[Doctor warns employer that their 'redeployment process' + 'working in the office' Risks triggering mental health]

Anyway what you consider to be reasonable adjustments is obviously different to your employer. They obviously are of the opinion they employ you to perform a specific role , a role that you will not be able to perform long term and as there is no other role available that fits in with your long term needs due to your condition it gives them cause to cease your employment as no reasonable adjustments can b made which would assist your return to work

They did employ me to do a specific role, but there are 2 other people in same team who could take up the slack with the 'on site' physical carrying and lifting.

If you do come under the equality act they would need to try to assist your return to work a bit more than if you didn’t but the word is reasonable and if this got to tribunal and they can show they tried to be reasonable but you refused to return to work due to there not being enough space for you to perform physio exercises whilst at work that hasn't helped your situation as it may have basically ruled out any options for them in the workplace especially as nothing on the the redeployment register was suitable

I didn't just refuse, but I did state that I wasn't able to come back at that time, due to medical situation, and showed them medical reports from a physio and doctor to back it up.

They can do but they don’t have to create a new long term role for you , that would not be reasonable .

Understood... but they could give some of my tasks (10%) to the 2 other team members... and give me some of their tasks. – What do you recon?

... one of the other team members was on a lower pay scale (like me) but was given their job without prior experience. If they can give that person the role, why can't they give the same (or similar) role to me.

This could be EqA Direct discrimination, because this other person is the "comparator"

Which then leaves your request to work from home. Working from home is not an option for all jobs and all employers .Why do you believe working from home for your employer would be a reasonable thing for them to permit .

Because 90% of it can be done from home. They just preferred me not to, because they want all tem members to work together on site.

What was permitted and was reasonable during the-pandemic does not automatically make it reasonable post pandemic even for someone with a disability

Thanks for sharing your view. I found it useful to hear the devil's advocate. Very good

[Ukmicky]

When you got the report from the occupational health if they considered your condition to-be one that your employer needed to be aware of as they considered you to be Disabled according to the Equality Act it would normally be mentioned on the report .

Anyway what you consider to be reasonable adjustments is obviously different to your employer. They obviously are of the opinion they employ you to perform a specific role , a role that you will not be able to perform long term and as there is no other role available that fits in with your long term needs due to your condition it gives them cause to cease your employment as no reasonable adjustments can b made which would assist your return to work

If you do come under the equality act they would need to try to assist your return to work a bit more than if you didn’t but the word is reasonable and if this got to tribunal and they can show they tried to be reasonable but you refused to return to work due to there not being enough space for you to perform physio exercises whilst at work that hasn't helped your situation as it may have basically ruled out any options for them in the workplace especially as nothing on the the redeployment register was suitable

They can do but they don’t have to create a new long term role for you , that would not be reasonable .

Which then leaves your request to work from home performing your previous role. Working from home is not an option for all jobs and all employers .Why do you believe working from home for your employer would be a reasonable thing for them to permit .

What was permitted and was reasonable during the-pandemic does not automatically make it reasonable post pandemic even for someone with a disability

[Avery]

Q1: Each numbered point has a specific function in setting out your claim. Not sure what you mean by the "whole story" but this point 4 is purely for you to set out your claim that you disabled in the terms as set out by the EqA. So, you need to describe what your condition/s is/are whether physical and/or mental and what the duration has been. What if any treatment you have received. Then set out the effect of this on your day-to-day activities. If you set this information out here, you do not really need to repeat it later in the PoC.

Understood, Thank you

Q2: You can refer to dates of occ health reports and any other supporting emails as part of your number paragraphs. i.e I had an Occ Health report conducted by [insert name] on [insert date] which stated that [briefly set out if it confirmed a disability or reasonable adjustment]. However, you do not need to provide the actual report this will become part of your disclosure documents that will make up the hearing bundle.

I will only 'refer' to the evidence (like reports, etc) in my PoC... but only provide it in full detail if my employer doesn't settle before trial, in which case I will put all evidence in my bundle. Thank you.

Q3: Refer to the fact you have evidence in the PoC but see my response to Q2 re evidential documents being part of the hearing bundle.

Got it, thanks.

Q4: Appendices are not really part of a PoC. They can be referred to in your PoC if they are relevant to the points you are making to support your claim. Any documents as mentioned at Q2 relevant to your claim become disclosure documents in the bundle.

OK, I won't index my evidence as Exhibit A B C etc... as mentioned for Q2, I'll just refer to it.

Thank you for your help

[ULA]

Q1: Each numbered point has a specific function in setting out your claim. Not sure what you mean by the "whole story" but this point 4 is purely for you to set out your claim that you disabled in the terms as set out by the EqA. So, you need to describe what your condition/s is/are whether physical and/or mental and what the duration has been. What if any treatment you have received. Then set out the effect of this on your day-to-day activities. If you set this information out here, you do not really need to repeat it later in the PoC.

Q2: You can refer to dates of occ health reports and any other supporting emails as part of your number paragraphs. i.e I had an Occ Health report conducted by [insert name] on [insert date] which stated that [briefly set out if it confirmed a disability or reasonable adjustment]. However, you do not need to provide the actual report this will become part of your disclosure documents that will make up the hearing bundle.

Q3: Refer to the fact you have evidence in the PoC but see my response to Q2 re evidential documents being part of the hearing bundle.

Q4: Appendices are not really part of a PoC. They can be referred to in your PoC if they are relevant to the points you are making to support your claim. Any documents as mentioned at Q2 relevant to your claim become disclosure documents in the bundle.

[Avery]

Attached is a template you can maybe adapt. It is very generic for disability discrimination and unfair dismissal so you will have to work your way through what is relevant to your claim and what is not. There are many square brackets which either means what is contained within the brackets is optional depending on your circumstances or they set out what information needs to be inserted at that point. There are a few repetitions because some processes may have happened at different points in the way your issue was handled before you were dismissed. Hope you find it helpful.

I am working on my PoC using the template you supplied, thank you.

Q1 :: Every time I start writing in Paragraph 4, I find myself telling the 'whole story' from the beginning to the end, instead of restricting my words to the subject of the paragraph "briefly describe disability and symptoms". If I tell the whole story chronologically in Para 4, this will mean some information will be explained twice, as each para seems to have its own purpose. Is this a problem?

Q2 :: How do I provide evidence (copies of emails and occ health reports)? – Do I attach the documents with my form, or only present them in the Tribunal if it is requested?

Q3 :: Do I have to list my evidence Exhibit A B C etc, so I can refer to it in my PoC?

Q4 :: I wish to add Appendices in the form of
• a Spreadsheet listing the history events in an easy to read format (which would mean I wouldn't have to write the whole story in Para 4)
• a diagram showing the Hierarchy of the organisation, so it is easier to see who is the boss of who, etc.
• a floorplan of the office showing where each person sits

... can these Appendices be attached with my claim, and referred to in my PoC?

[Avery]

"Thank you. I will write it out 'short format' as in Version 3 for the ET1...
... Should I also write it in this short format for the PoC, or can I write it out in 'long format' like in Version1?"

Yes, short form is fine whether you detail your claim in the ET1 or in a PoC. The template can be used for completing eithe to set out your claim.

My reference to Part 2 relates to your comment in your post quoted below:

"Thank you. I realise that, but can I include contraventions of sections other than Part 5 and s111 and s112... like these sections in the EqA Part 2:

Part 2 Equality; Chapter 2 Prohibited conduct; s13 Direct discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s15 Discrimination arising from disability
Part 2 Equality; Chapter 2 Prohibited conduct; s19 Indirect discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s20 Duty to make adjustments"

Hope that now makes sense.

Ahh, you were referring to Part 2 of the Act. Thank you

[ULA]

"Thank you. I will write it out 'short format' as in Version 3 for the ET1...
... Should I also write it in this short format for the PoC, or can I write it out in 'long format' like in Version1?"

Yes, short form is fine whether you detail your claim in the ET1 or in a PoC. The template can be used for completing eithe to set out your claim.

My reference to Part 2 relates to your comment in your post quoted below:

"Thank you. I realise that, but can I include contraventions of sections other than Part 5 and s111 and s112... like these sections in the EqA Part 2:

Part 2 Equality; Chapter 2 Prohibited conduct; s13 Direct discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s15 Discrimination arising from disability
Part 2 Equality; Chapter 2 Prohibited conduct; s19 Indirect discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s20 Duty to make adjustments"

Hope that now makes sense.

[Avery]

Sorry Avery there has been a bit of an issue with my posts showing on your thread for me so we ran a few tests, hence the deleted posts.

No problem

I would go with option 3 no semi colons.

Thank you. I will write it out 'short format' as in Version 3 for the ET1...
... Should I also write it in this short format for the PoC, or can I write it out in 'long format' like in Version1?

If you cannot complete the full details of your claim in the 8.2 box and the blank sheet at the end of the ET1 then you are best to append a separate PoC.

In this case in box 8.2 you would just say something along the lines of "Please see my appended Particulars of Claim document which sets out the full detail of my claim."

Effectively the full details of your claim are set out in the ET1 or the PoC whichever gives you the space needed for what you write/type out. Hope that makes sense.

Yes, it makes sense. Thank you.

The purpose of Part 2 is to set out the key concepts on which the EqA is based including, detailing the protected characteristics, the definitions of direct discrimination, discrimination arising from disability, indirect discrimination, harassment and victimisation. These key concepts are then applied in the subsequent Parts of the Act covered by the jurisdiction of an ET set out in Part 9 s120.

What do you mean by "Part 2" ?... I can't see this in the ET1 form, [after box 8.2] only 'box 9.2' and 'box 15' seem to be large boxes where there seems to be enough space to add this info.

... or do you mean a Part 2 that I would type into my PoC? ... or a Part 2 that I would type into my ET1 box 8.2?

Attached is a template you can maybe adapt. It is very generic for disability discrimination and unfair dismissal so you will have to work your way through what is relevant to your claim and what is not.

There are many square brackets which either means what is contained within the brackets is optional depending on your circumstances or they set out what information needs to be inserted at that point.

There are a few repetitions because some processes may have happened at different points in the way your issue was handled before you were dismissed. Hope you find it helpful.

Thank you very much.

[ULA]

Sorry Avery there has been a bit of an issue with my posts showing on your thread for me so we ran a few tests, hence the deleted posts.

I would go with option 3 no semi colons.

If you cannot complete the full details of your claim in the 8.2 box and the blank sheet at the end of the ET1 then you are best to append a separate PoC. In this case in box 8.2 you would just say something along the lines of "Please see my appended Particulars of Claim document which sets out the full detail of my claim." Effectively the full details of your claim are set out in the ET1 or the PoC whichever gives you the space needed for what you write/type out. Hope that makes sense.

The purpose of Part 2 is to set out the key concepts on which the EqA is based including, detailing the protected characteristics, the definitions of direct discrimination, discrimination arising from disability, indirect discrimination, harassment and victimisation. These key concepts are then applied in the subsequent Parts of the Act covered by the jurisdiction of an ET set out in Part 9 s120.

Attached is a template you can maybe adapt. It is very generic for disability discrimination and unfair dismissal so you will have to work your way through what is relevant to your claim and what is not. There are many square brackets which either means what is contained within the brackets is optional depending on your circumstances or they set out what information needs to be inserted at that point. There are a few repetitions because some processes may have happened at different points in the way your issue was handled before you were dismissed. Hope you find it helpful.

[Avery]

Thank you

Your post #39 when you say "I have added all the Sections of EqA I intend to add to my court form..." is for the purpose of your thread?

The purpose of posting the sections is to show exactly which sections I intend to add to my form. I notice you have not yet commented on how to write the sections on the court form: Version 1, 2 or 3 (see above).

When you are preparing your ET 1 form and completing section 8.2 or referring in this section to a separate PoC document is to set out are the numbers of the specific sections of the EqA that you are relying on in making your claim not the whole wording of that section. You need to set out at 8.2 of the form / PoC in narrative form, via way of numbered paragraphs, the name of your employer and dates employed, basic background of the business, your job title, statement of your disability and whether the employer was aware of this and from what date, then the section number of the EqA you are relying (without all the detail) and then follows the sequence of events that relate to the claim in date order.

So, section 8.2 of the ET1 form, and the PoC form, should both have numbered paragraphs. So paragraph number 5 in the ET1-8.2 tells the same part of the story as paragraph number 5 in the PoC... but the PoC can go into more detail, and the ET1-8.2 verion of the paragraph is shorter (not as detailed)... is this correct?

Post #40 Part 9 is just setting out the enforcement of the Act’s provisions, through the civil courts, in relation to services and public functions; premises; education; and associations and the employment tribunals in relation to work and related areas, and equal pay.

Thank you. I realise that, but can I include contraventions of sections other than Part 5 and s111 and s112... like these sections in the EqA Part 2:

Part 2 Equality; Chapter 2 Prohibited conduct; s13 Direct discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s15 Discrimination arising from disability
Part 2 Equality; Chapter 2 Prohibited conduct; s19 Indirect discrimination
Part 2 Equality; Chapter 2 Prohibited conduct; s20 Duty to make adjustments

... ?

Also, do you have a good template of the PoC please? ... I looked online but the version I found looked like it was more to do with 'housing'.

Thank you

[ULA]

Your post #39 when you say "I have added all the Sections of EqA I intend to add to my court form..." is for the purpose of your thread?

When you are preparing your ET 1 form and completing section 8.2 or referring in this section to a separate PoC document is to set out are the numbers of the specific sections of the EqA that you are relying on in making your claim not the whole wording of that section. You need to set out at 8.2 of the form / PoC in narrative form, via way of numbered paragraphs, the name of your employer and dates employed, basic background of the business, your job title, statement of your disability and whether the employer was aware of this and from what date, then the section number of the EqA you are relying (without all the detail) and then follows the sequence of events that relate to the claim in date order.

Post #40 Part 9 is just setting out the enforcement of the Act’s provisions, through the civil courts, in relation to services and public functions; premises; education; and associations and the employment tribunals in relation to work and related areas, and equal pay.

[Avery]

I am not sure the question you are asking at your post #40 regarding Part 9 Enforcement; Chapter 3 Employment tribunals; s120 Jurisdiction. Part 9 deals with the enforcement of the Act’s provisions, through the civil
courts in relation to services and public functions; premises; education; and associations and the employment tribunals in relation to work and related areas, and equal pay.

I think you are referring to my Post #39.

Sorry for any confusion. I will rephrase my question:

Are the only EqA sections I can reference in my Employment Tribunal court form, included within "EqA Part 5" and "EqA s111" and "EqA s112"? – or am I allowed to reference other sections of the equality act as well?

... After reading Part 9 I was concerned that only "EqA Part 5" and "EqA s111" and "EqA s112" are in the jurisdiction of the employment tribunal... and I would therefore have to remove all references / claims of contraventions of the other sections.

[Avery]

With your post #39 are you proposing that when you complete your ET1 and PoC that you are going to cut and paste each relevant section of the legislation in full? If so I would advise that you consider just detailing the numbered section and any subsections that you are relying on and then set out the events including date/times if relevant that you feel contravened that part of the legislation.

I think you are referring to my Post #38. So if I wanted to draw their attention to the contravention of " s39 (2)(“c) "” below, are there 3 ways to write this?


Version 1 ::

EqA; Part 5 Work; Chapter 1 Employment; s39 Employees and applicants
Link: https://www.legislation.gov.uk/ukpga/2010/15/section/39

(2) An employer (A) must not discriminate against an employee of A's (B)—
(c) by dismissing B;


Version 2 ::

EqA; Part 5 Work; Chapter 1 Employment; s39 Employees and applicants; (2)(c)


Version 3 ::

EqA; Part5; Ch1; s39; (2)(c)


By the way, I have no idea how to write references to the statutes, it just makes sense to me when i read it.
For example, I have no idea if I should be using semi-colons, etc.

[ULA]

With your post #39 are you proposing that when you complete your ET1 and PoC that you are going to cut and paste each relevant section of the legislation in full? If so I would advise that you consider just detailing the numbered section and any subsections that you are relying on and then set out the events including date/times if relevant that you feel contravened that part of the legislation.


I am not sure the question you are asking at your post #40 regarding Part 9 Enforcement; Chapter 3 Employment tribunals; s120 Jurisdiction. Part 9 deals with the enforcement of the Act’s provisions, through the civil
courts in relation to services and public functions; premises; education; and associations and the employment tribunals in relation to work and related areas, and equal pay.

[Avery]

After going through the EqA part by part, I have only recently noticed here (below) that an Employment Tribunal has jurisdiction over contraventions of "Part 5" and where "s111" or "s112" relate to Part 5.

Does this mean that I have to remove all mentions of contraventions of the other sections?


Part 9 Enforcement; Chapter 3 Employment tribunals; s120 Jurisdiction
Link: https://www.legislation.gov.uk/ukpga/2010/15/section/120

(1) An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to—
(a) a contravention of Part 5 (work);
(b) a contravention of section 108, 111 or 112 that relates to Part 5.