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

[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]

"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]

"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

[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?

[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]

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

[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]

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

[Avery]

I am working on my PoC form and it is coming together.

However, I have thought of something that my employer has done, which I don't think is covered by the Equality Act.

After being ordered to stop working from home (and stop working completely), I was given a fixed time-frame to rehabilitate, in which I would lose my job at the end of the time-frame if I wasn't fit to return to the office.

During this time I attempted to rehabilitate my back as quickly as possible, which sometimes led to Relapses in which I re-injured my back. This was caused by adding too much resistance too soon during daily physiotherapy workouts, which actually ended up setting me back.

I already understand that imposing the blanket policy of 'no more working from home' is a contravention of either:

EqA s15 Discrimination arising from disability
–or–
EqA s19 Indirect discrimination

However, the fact that their imposed time-frame caused me to rush physio faster than was safe to do so, caused me "Harm".

I have started reading the Health & Safety at Work Act 1974, and have already read the HSE guidance (https://www.hse.gov.uk/simple-health...safety-law.htm) ... but I cannot see references to harm being caused by the employer indirectly, while outside of the workplace.

Q :: Does such a thing exist? Laws to protect staff from harm whilst being employed, but not in the workplace?

Any help would be much appreciated.

[Ukmicky]

I am working on my PoC form and it is coming together.
However, I have thought of something that my employer has done, which I don't think is covered by the Equality Act.
After being ordered to stop working from home (and stop working completely), I was given a fixed time-frame to rehabilitate, in which I would lose my job at the end of the time-frame if I wasn't fit to return to the office.
During this time I attempted to rehabilitate my back as quickly as possible, which sometimes led to Relapses in which I re-injured my back. This was caused by adding too much resistance too soon during daily physiotherapy workouts, which actually ended up setting me back.
I already understand that imposing the blanket policy of 'no more working from home' is a contravention of either:
EqA s15 Discrimination arising from disability
–or–
EqA s19 Indirect discrimination
However, the fact that their imposed time-frame caused me to rush physio faster than was safe to do so, caused me "Harm".
I have started reading the Health & Safety at Work Act 1974, and have already read the HSE guidance (https://www.hse.gov.uk/simple-health...safety-law.htm) ... but I cannot see references to harm being caused by the employer indirectly, while outside of the workplace.
Q :: Does such a thing exist? Laws to protect staff from harm whilst being employed, but not in the workplace?
Any help would be much appreciated.

They have to give you a reasonable amount of time to get your self medically fit. In doing so i would assume they would expect you to follow your physician or physiotherapist advice .

As for working at home are we talking hybrid duties where someone works both in the home and office or all the time at home . There is a big difference between the two and I assume your not talking about hybrid duties. Also do you work with sensitive or private data that needs to be kept secure.

[Avery]

They have to give you a reasonable amount of time to get your self medically fit. In doing so i would assume they would expect you to follow your physician or physiotherapist advice .

As for working at home are we talking hybrid duties where someone works both in the home and office or all the time at home . There is a big difference between the two and I assume your not talking about hybrid duties. Also do you work with sensitive or private data that needs to be kept secure.

Thanks for posting.

While I was signed off on medical leave, I was not working, and I was based at home. This is when I experienced harmful relapses... so, I was still on the payroll, but this didn't happen while working in a hybrid role.

[Avery]

Hi, I have an important question about my claim, there is something that I think I have overlooked, until now.

I am working on my PoC and I have described each incident in which I was discriminated against. However, I am unsure as to whether or not I am allowed to claim that one incident contravened multiple sections of the Equality Act.

For example;

Middle-management told my Line-manager that the 'lifting / carrying' element of my role could not be removed.

My understanding so far is that Middle-management has contravened these 4 sections in this one incident alone ::

s15 Discrimination arising from disability
s19 Indirect discrimination
s20(3) Duty to make adjustments (...provision, criterion or practice of A's puts a disabled person at a substantial disadvantage...)
s39(2) Employees and applicants

Q :: Am I allowed to claim that this one incident contravened multiple sections... or do I have to choose just one section per incident?

Any help would be greatly appreciated. Thank you.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

EqA Part 2 Equality; Chapter 2 Prohibited conduct; s15 Discrimination arising from disability
Link: https://www.legislation.gov.uk/ukpga/2010/15/section/15

(1) A person (A) discriminates against a disabled person (B) if—
(a) A treats B unfavourably because of something arising in consequence of B's disability, and
(b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.


EqA Part 2 Equality; Chapter 2 Prohibited conduct; s19 Indirect discrimination
Link:https://www.legislation.gov.uk/ukpga/2010/15/section/19

(1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.
(2) For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—
(a) A applies, or would apply, it to persons with whom B does not share the characteristic,
(b) it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,
(c) it puts, or would put, B at that disadvantage, and
(d) A cannot show it to be a proportionate means of achieving a legitimate aim.


EqA Part 2 Equality; Chapter 2 Prohibited conduct; s20 Duty to make adjustments
Link: https://www.legislation.gov.uk/ukpga/2010/15/section/20

(3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.


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)—
(a) as to B's terms of employment;
(b) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;
(c) by dismissing B;
(d) by subjecting B to any other detriment.

[Ukmicky]

Going by a previous reply your disability if you have one is mental health related ,so how have they contravened those 4 sections by not removing the lifting from your office role.

As they do not have to consider your back issue as a disability and as your doctor has said your back problems were temporary they did not have to allow you to return to work and was entitled to order you to remain off sick due to your back problems . Even if your back was deemed to be a disability as defined by the equality act they still had the option to keep you of sick until you were closer to full fitness .

We often do this to employees who are not anywhere fit enough to to return to there normal role as it can be the safest course of action for the employee and employer. An employer must be satisfied they can maintain the health and safety of their employees .

We will allow then to return to work before they are fully fit but that is usually when they are near full fitness and we can put them on a rehab plan which is designed to increase there duties over a 4 to 6 week period with the aim of them returning to their normal role afterwards.

You even said previously the occu health said

‘When asked to talk about adjustments, he just said that "he is currently unfit to be at work and no adjustments will expedite his return to work at this stage".
He doesn't talk about lifting.’’

so going by that they did the right thing to keep you off work .

When I was talking about hybrid roles ,I was asking when you requested if you could work from home did you ask to work full time from home or perform a hybrid role where you worked in home and the office. Or maybe on a rehab increasing your hours in the office over a period of time.

I also asked if the data you deal with is data that needs to kept private and secure.


I think you need to go find a solicitor who can look through your case to determine what your chances of success are. They will have solicitors who will go through your case with a fine tooth comb looking for legal misunderstandings,discrepancies or inaccuracies in your case.

[Avery]

When I was talking about hybrid roles ,I was asking when you requested if you could work from home did you ask to work full time from home or perform a hybrid role where you worked in home and the office. Or maybe on a rehab increasing your hours in the office over a period of time.

Just to confirm, I did offer to keep working full time from home. This was not permitted by my line-manager, who ordered me to stop work.

My line-manager made this decision based on the big boss of the entire organisation, who had issued a new policy of 'no working full time from home' and ordering everyone to return to the office... I was told by my line-manager that this applied to me also.

I believe that this policy of the big boss is a contravention of s19 Indirect discrimination, and by directing all their subordinates (including my line-manager) to carry out this policy is a contravention of s111 Instructing, causing or inducing contraventions.

The big boss is the Principle, so is therefore also liable for all of the actions of the various Agents, due to vicarious liability (s109).

I believe that this (s19) is the strongest part of my claim.

I also asked if the data you deal with is data that needs to kept private and secure.

The data I deal with is meant to be kept private, but I was given access to the employer's VPN software during the lockdowns in order to achieve this. All the staff worked from during the lockdowns using this system.

[Avery]

.

I wrote a comprehensive reply, but it looks like it never displayed. I'm tired and I can't remember what I wrote now, sorry.

I have been trying to submit my claim online, and the Gov site asks for either a 2500 character summary, or an uploaded doc as a summary. My summary was over 2500 words, so I got a warning... so I reduced it, and now I can't proceed because it's stuck - keeps giving me the same old warning, even though I now have Under 2500 characters.

I am going to look at this again tomorrow, which is my deadline.

The site doesn't seem to allow us to upload an ET1 of a PoC (except for the invitation for us to upload a mere summary)... I certainly want to give them more than a measily 2500 characters...

Q :: Is there another way that enables us to submit a claim please?