Equality Act 2010
lozza812
Member Posts: 25
Hi Inuitbiker!
Firstly, to make you redundant following your request would quite possibly be illegal.
The Equality Act states that employers must make 'reasonable adjustments' for staff suffering from a disability. Disability is defined as a long term (more than 1 year) issue which causes you problems in your daily activities, work is included in this.
Working for a L.A., they will be very aware of this legislation in your HR dept.
Reasonable adjustments can be anything that helps you to continue in your work and is not overbearing on your employer.
They commonly include job slicing, where another member of staff takes on some of the duties you cannot do, or re-deployment, they should also look at different aids or equipment that would help you to do your role as effectively as others. They could also consider moving you into a different role that is more suited to allow you to continue. This would include looking over the whole employer, not just your department.
If after all this they still can not accommodate you, then you would be looking at I'll health retirement, not redundancy.
Insist on an occupational health appointment, ask them to include in their report if they feel that you may be covered by the Act. They will not give a definite yes or no, as only a judge at a tribunal can give that opinion.
It is a scary time, but get some support, either from a disability trained union rep. Or from CAB.
The Equality Act gives us protection at work, but few of us know about it or use it properly, don't let them steamroller you 😎
I wish you all the best
Firstly, to make you redundant following your request would quite possibly be illegal.
The Equality Act states that employers must make 'reasonable adjustments' for staff suffering from a disability. Disability is defined as a long term (more than 1 year) issue which causes you problems in your daily activities, work is included in this.
Working for a L.A., they will be very aware of this legislation in your HR dept.
Reasonable adjustments can be anything that helps you to continue in your work and is not overbearing on your employer.
They commonly include job slicing, where another member of staff takes on some of the duties you cannot do, or re-deployment, they should also look at different aids or equipment that would help you to do your role as effectively as others. They could also consider moving you into a different role that is more suited to allow you to continue. This would include looking over the whole employer, not just your department.
If after all this they still can not accommodate you, then you would be looking at I'll health retirement, not redundancy.
Insist on an occupational health appointment, ask them to include in their report if they feel that you may be covered by the Act. They will not give a definite yes or no, as only a judge at a tribunal can give that opinion.
It is a scary time, but get some support, either from a disability trained union rep. Or from CAB.
The Equality Act gives us protection at work, but few of us know about it or use it properly, don't let them steamroller you 😎
I wish you all the best
0
Comments
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Hi Lozza812!
Thanks so much for providing the info and advice. It is relief not only to me but also my family that there is some protective legislation. I'm sure others now and in future will see your posting and I'm sure like me it will possibly offer some reassurances to them too. I know that despite some horrible pains in my hip and knees I can continue to contribute in my work. I did after receiving advice on the forum contact my HR department and possibly because they are aware of the legislation they have been totally the opposite of my Manager and seem to be very supportive. I'm much more optimistic at the moment anyway.
A big thanks!0
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