I was delighted to help a lovely gentleman with his disability discrimination problem at work. As a disabled person, he had previously been given assistance by his employer by way of flexible hours and the option to work at home if necessary. However, his employer changed and along with the colleagues in his department his employment was transferred to a new company.
His new employers were unhappy about the adjustments to his contract which had been made by his previous employer. They insisted that he have rigid working hours and attend the office every working day. He explained that he had a disability which made these arrangements very difficult for him and, further, his medication and treatment meant he would have to take time off work as sick leave. Previously, he had attended appointments and made up the time using the flexibility agreed with his previous employer.
He was able to show that he had an excellent attendance record, glowing appraisals and extremely impressive feedback from his clients. Clearly, he was performing his duties well and there was no need to change his working arrangements. His new employer disagreed and threatened him with disciplinary action if he did not comply with new working hours and attend the office.
He was very upset when we met for a Fixed Fee Consultation and I fully understood his distress. Over several cups of tea, we went through everything that had happened and discussed what would be his ideal solution. He explained that he wanted to leave his current employment. He already had a job offer from his previous employer and wanted to return to them.
My instructions were therefore very simple – I was to obtain a termination package for him on the best terms possible. I started the process by submitting a Formal Grievance on his behalf stating that, amongst other things, I believed he had various claims of disability discrimination under the Equality Act 2010. At the same time, I sent a “Without Prejudice” letter to his employer indicating that he would be willing to settle his Employment Tribunal claims and withdraw his formal grievance for a financial package.
In the end, I was able to agree a settlement for my client. He was pleased to be able to move on (or perhaps back) to his former and much more supportive employers. I was pleased to have been able to help.
If I can help you with a workplace or employment problem, please call 01522 440512 for a free, no obligation, telephone consultation. Alternatively, for more information about who we are, what we do and how we do it at LincsLaw solicitors, please visit our website at www.lincslaw.co.uk
Sally Hubbard
Specialist Employment Law Solicitor
LincsLaw Solicitors, Lincoln
Tags: disability discrimination disability discrimination claim disability discrimination solicitor disability reasonable adjustments reasonable adjustments reasonable adjustments at work
