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

[Avery]

Hi guys,
I have a situation with my employer and I was hoping that someone here might be able to help me. I have already carried out quite a bit of research, but as I am doing this all by myself and, you never know, I might have missed something important.

I work for a large employer, certainly within the top 10 largest number of employees in the city.

My job :: Administration
Sector :: Education
Duration of employment :: Almost 5 years
Contract :: Permanent and Full-time staff member

Problem :: Cannot work in office due to disability (bad back).
Employer will make their idea of reasonable adjustments, but I feel the adjustments they propose are insuficient.

Ideal solution :: Work from home (keep job)


In "July 2021" I suffered an injury to my back. It took the NHS ages to finally give me an MRI, in which they could confirm that I have an issue with my spine (disc).
I am not able to lift heavy objects.. I struggle to bend down and pick things off the floor.. I cannot sit upright for very long (too painful)

Some of the staff in my department had already returned to working in the office, but myself and a few others were allowed to keep working from home.

My employer was aware that I had injured my back (June / July 2021). I took some time off work (about 2 weeks), and ordered a standing desk and a reclining chair (still working from home).


However, in "October 2021" I had a meeting with my Boss + HR, and they asked if I was well enough to return to working in the office + do Reception duties which includes lifting boxes of paper.
I told them I wasn't able to do this, because:

• I needed to do physio exercises throughout the day, and there isn't enough floor space in the office
• I can't lift heavy boxes of paper, because of my spine.

They offered to make 'one' reasonable adjustment, but this only consisted of a standing desk. They told me they will not allow me to work from home any longer, and that I 'had' to perform reception duties, even though this is much less than 1/3 of my role (it is mostly computer admin and phone).

Because I wasn't well enough to return to the office, they ordered me to go off work on full time sick leave, until I was well enough to return.

I had an Occupational Health consultation in April 2022 and the OccHealth Doctor sent his report to my Employer (and I), stating that it would take at least 3 to 6 months for me to be able to return to work.


My employer has now emailed me saying that they cannot support this long timeframe of absense anymore, and they've arranged an assessment meeting for me next week. The result of the meeting will either be 'dismissal' or 'redeployment'. I have been told to keep the meeting Confidential.

I would prefer redeployment, but I have to prepare for the worst, 'dismissal'.


My research so far ::

I believe that I might be considered Disabled according to the Equality Act 2010.


https://www.legislation.gov.uk/ukpga/2010/15/section/15

15 Discrimination arising from disability

(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.

(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.


Looking at the legislation above, it seems I have to check the boxes for both 1(a) and 1(b).

With regard to 1(a) ... So far, I think I've been treated unfavourably because I have been denied what I think might be considered the reasonable adjustments of "being allowed to work from home" and "not be expected to lift heavy boxes"...
... Though please correct me if you think I'm mistaken!

With regard to 1(b) ... I have no idea what this means in this context !
... Is ordering me to return to the office environment so I can perform reception duties and lift heavy boxes a "proportionate means of achieving a legitimate aim"?


Any help would be much appreciated.

Thank you

[ULA]

As I stated these are very standard clauses and I have certainly see the text for #1 on many occasions. So you could push back but not sure on what basis.

[Avery]

In terms of the COT 3 stipulations I can answer as follows:

1. This is standard.
2. Again standard.
3. I understand the sentiment of the clause as there is usually an indemnity required from the employee in the event of an issue on the tax paid on any settlement. However, I am not so sure about the wording, if it as set out in the blue wording you quoted in your post #100.

Thank you. Is it normal / typical to be able to push back on #1 and #2?

Their text for #1 is:

"... in full and final settlement of all and any claims, whether contemplated or not, whether in existence at the date of this Agreement or not, whether contractual, statutory or otherwise, including but not limited to the Claimant's claims for unfair dismissal and disability discrimination lodged at the ..."

[ULA]

In terms of the COT 3 stipulations I can answer as follows:

1. This is standard.
2. Again standard.
3. I understand the sentiment of the clause as there is usually an indemnity required from the employee in the event of an issue on the tax paid on any settlement. However, I am not so sure about the wording, if it as set out in the blue wording you quoted in your post #100.

[Avery]

There is a possibility of an out of court settlement, and the Respondent has sent the first COT3 draft.

However, there seems to be quite a lot of dubious stipulations.

• They have written it so i cannot even bring future claims (although they worded it differently) which seems irelevant because they wouldn't employe me again anyway.

• In addition to the organisation, they have included all of their employees, saying i can't bring any legal action against them either.

• And they have also written something regarding Excess Tax to HMRC, even though I haven't worked for the employer in well over a year:

"if the Respondent or any other person pays the Excess Tax to any relevant taxation authority, the Claimant undertakes, at the written request of that company or person, to immediately pay to the Respondent an amount equal to the Excess Tax"

Please can you tell me -– Does any of this sound excessive?

Any feedback would be much appreciated. Thank you.

[Avery]

You may be able to find something at the site linked to below:

https://www.bailii.org/

Thanks Ula. I have since been told by an employment lawyer that to support my case I can use Case Law and EAT (Employment Appeals Tribunal) cases.

[ULA]

You may be able to find something at the site linked to below:

https://www.bailii.org/

[Avery]

Hi folks. Please can you help me... Does anyone have any good 'Case Law' examples used by Employment Tribunals where the Claimant won, despite being offered Redeployment?

... I understand that only Case Law works for this, unlike other tribunal decisions... and i would like to be able to use this for my Closing remarks at end of Final Hearing.

My employer has already conceded all my disabilities, and i sent them my GP / doctor's letter explaining i couldn't redeploy due to anxiety during the fixed timeframe for redeployment. They had already refused to make reasonable adjustments to my actual role that i proposed beforehand.

Thank you

[Avery]

If the Judge does not have time within the 4 days set for the hearing then it may take more than several days to get a judgement, more like several weeks or depending on the complexity of the case and when the panel can meet for deliberation it may be months.

Settlement can happen any time during the hearing.

Thank you Ula, much appreciated

[ULA]

If the Judge does not have time within the 4 days set for the hearing then it may take more than several days to get a judgement, more like several weeks or depending on the complexity of the case and when the panel can meet for deliberation it may be months.

Settlement can happen any time during the hearing.

[Avery]

There is no time limit as to when an an offer can be agreed. I have known settlements to be reached on the first day and sometimes a Tribunal will urge for the parties to see if they can agree a settlement.

Thanks Ula,
Wow that's cutting it pretty close... what about just after the Hearing, on the final day, just after proceedings have actually finished?

... Presumably the case is not decided by the Judge until several days after the last day of the FH.

I have heard the expression "it was decided on the court steps", or something like that.

[ULA]

There is no time limit as to when an an offer can be agreed. I have known settlements to be reached on the first day and sometimes a Tribunal will urge for the parties to see if they can agree a settlement.

[Avery]

It has been a while since i last posted here. I have an update regarding my case.

The Final Hearing has been booked for the new year. The court has been booked for 4 days, starting on a Monday.

The Bundle and Index hasn't been finalised just yet. I am still working on this with the Respondent. Their HR person is dealling with it.

The Respondent has recently made an offer to settle out of court, but the amount offered is only about 25% of my Schedule of Loss, so i decided to refuse this. However, i did tell the Respondent that i am happy to keep the conversation going about a £figure for an out of court settlement. They did also mention that their intention to offer out of court is to avoid laywer's fees.
... This suprised me because i've only dealth with their HR dept throughout this whole lengthly process.

I am now wondering, how long it can be left before the FH to agree on an offer and then withdraw my claim after receiving payment? ... Must this happen before Day 1 of the FH, or before the Last day?

As the FH is 4 days, i am not sure about the structure. The CAB talks about "last minute" offers, though I'm not sure if this should be taken literally:
https://www.citizensadvice.org.uk/wo...bunal-hearing/

Any guidance on this would be very much appreciated, as always.
Thank you

[ULA]

Whether you have the hearing in person or online makes no difference any member of the public can attend.

[Avery]

Hi, it has been some time since my last post, but after making some donations i have been receiving some very useful advice from Legal Beagles. Thank you ULA

I have since had my Pleminary Heating, and i have a question with regard to a forthcoming Final Hearing. The judge has booked a room for the final hearing next year. The Respondent hasn't challenged this, and so far neither have i.

Q. The respondent will want to avoid bad publicity at all times. Baring this in mind, would it be better for me (the Claimant) to ask for the heaing to be held online? ... Unless i am wrong, i think an online hearing will be able to be viewed by members of the public. This might apply more pressure on the respondent, that might encourage them to settle out of court before the final hearing, which is preferential.

Due to disability, i believe i might be able to request a video link hearing as a reasonable adjustment (perhaps).

Any feedback would be much appreciated. Thank you