Disability Act By Association ?

[LowEbb]

I work and am also a carer when not working to a parent who has recently been diagnosed with Dementia.

I have been off work with stress for four months in relation to work and personal issues. My team leader has told me that when I return I will be working in another city which is 20 miles away for 'as long as it takes' because I need to be 'supervised'.

My team leader is aware of my personal situation and knows that I have to be local so that I can get to my elderly parent if there is an issue, which at times there is and I get a taxi from work. I have no other family member to help me. I don't drive, so getting back if ever there was an incident, would mean that I would have to get a bus, train and then two more buses.

Would I qualify under the disability act by association for insisting that I need to remain at my present location?

[charitynjw]

Re: Disability Act By Association ?

Hi LowEbb

Your starting point would be Coleman v Attridge Law

I'll give [MENTION=26290]mariefab[/MENTION] a nudge

[mariefab]

Re: Disability Act By Association ?

It depends...
Is it the employer's normal practice to require employees returning from long-term absence to be supervised for 'as long as it takes'?
Is it not possible for you to be supervised at your usual workplace?

[LowEbb]

Re: Disability Act By Association ?

Hi Mariefab,

No is the answer to your first question.

However, there were issues at work before I went off sick and I was being monitored, as were the others in my team. We have to submit forms detailing our work output to the main office and because the work is computer based every movement is traceable, if main office want to check it, including movements in and out the building. So yes I can be 'supervised' from my present work place.

[Openlaw15]

Re: Disability Act By Association ?

I work and am also a carer when not working to a parent who has recently been diagnosed with Dementia.

I have been off work with stress for four months in relation to work and personal issues. My team leader has told me that when I return I will be working in another city which is 20 miles away for 'as long as it takes' because I need to be 'supervised'.

My team leader is aware of my personal situation and knows that I have to be local so that I can get to my elderly parent if there is an issue, which at times there is and I get a taxi from work. I have no other family member to help me. I don't drive, so getting back if ever there was an incident, would mean that I would have to get a bus, train and then two more buses.

Would I qualify under the disability act by association for insisting that I need to remain at my present location?

Under EU law, it is unlawful to discriminate at all which includes disability. It comes from the main EU Treaty's Article 'Right to Equal Treatment' and subsequent employ related 2008 Directive. So if you're employed whilst a carer to your parent and your employment is affected, ie only you are required to work 20 miles away 'to be supervised' from your 'normal' place of work with the effect of stopping you caring for the disabled parent it is simply discriminatory. The employer will need a damn good excuse to get around any discriminatory treatment, in your case I do not think there are grounds as your employer had or has actual knowledge you're a carer at home for your parent who has dementia either when you started or during your employment.

[enaid]

Re: Disability Act By Association ?

Carers rights in the workplace

https://www.carersuk.org/help-and-ad...ork-and-career

[Openlaw15]

Re: Disability Act By Association ?

Carers rights in the workplace

https://www.carersuk.org/help-and-ad...ork-and-career

Nice, Enaid thanks for this.

[LowEbb]

Re: Disability Act By Association ?

Thank you all x (times) a zillion billion!

[LowEbb]

Re: Disability Act By Association ?

Just an update.

Thanks to the advice and guidance of OpenLaw15, I have been advised professionally by an employment solicitor, that the advice given is correct and that I should take out a grievance against my employer, which I am in the process of doing and I may even have a case for personal injury because of the effect the situation now created by my employer causing to my health. Thanks very much OpenLaw15

[Openlaw15]

Re: Disability Act By Association ?

Just an update.

Thanks to the advice and guidance of OpenLaw15, I have been advised professionally by an employment solicitor, that the advice given is correct and that I should take out a grievance against my employer, which I am in the process of doing and I may even have a case for personal injury because of the effect the situation now created by my employer causing to my health. Thanks very much OpenLaw15

Thanks so much for the update. It's simply brilliant news