Employer knowledge of disability, reasonable adjustments

[singvict]

If an employer is found liable for disability knowledge because the FHSO new of the disability but did not inform management (vicarious liability? )or undertake a risk assessment is the employer then by default liable for not making reasonable adjustments (obviously they did not as they claimed lack of knowledge of the disability).

[Emmzzi]

If an employer is found liable for disability knowledge because the FHSO new of the disability but did not inform management (vicarious liability? )or undertake a risk assessment is the employer then by default liable for not making reasonable adjustments (obviously they did not as they claimed lack of knowledge of the disability).

How are you differentiating between employer and management, what kind of job, what kind of disability, what kind of adjustments?

 

We will need more detail to offer a view.

[singvict]

Employer and management are the same, job as customer assistant for national retailer with epilepsy. Employer should have made adjustments to reduce stress which is major factor in bringing on a seizure.

[steampowered]

This kind of thing can go either way and there is conflicting case law. The employer can be liable if it should reasonably have known about the disability.

 

Does the company have a disability policy? If so, did you follow the proper procedure for requesting reasonable adjustments in accordance with that policy? What kind of reasonable adjustments do you think the employer should have made?

[singvict]

Company has a disability policy but claimed had no knowledge of disability. As far as I was concerned they knew of my disability from when I was first7 employed 8 years ago. I had no reason to request reasonable adjustments as my condition was controlled by medication but my seizures returned after 7 months of continued stress at work.

[Emmzzi]

Epilepsy can be controlled and is not automatically a disability. How did the employer know your condition was classified as such by the equality act definition? As opposed to say, going for the odd hospital appointment. What is a fsoh?

[Emmzzi]

Also I still can't see what adjustments you were looking for. Have you been sacked for poor attendance or similar?

[singvict]

Tribunal has found employer liable for knowledge of disability but not for failing to make adjustments. My point is that they would have been liable to make a risk assessment and consider reasonable adjustments.

[Emmzzi]

So this has already been to tribunal? I am confused about why you want advice. Please clarify your position properly so we are not giving vague theoretical answers which will not help you.

[singvict]

Sorry Emmzzi, I thought I mentioned that this had already been to Tribunal.

I won a partial claim of racial victimization.

I claimed disability discrimination as employer failed to make reasonable adjustments to prevent increased stress that ultimately caused return of seizures.

The Tribunal found employer liable of knowledge as FHSO knew of disability but did nothing.

By default shouldn't the employer have made investigated and made reasonable adjustments if they had known? It's just tough that they didn't know but it's not a defense as the Tribunal has decided.

I have to consider taking this to appeal. I don't think the case law debate around Hay v Surrey cc etc relate to this situation.

[Emmzzi]

What adjustments did you ask for?

 

And for the second time what is an fhso?

[singvict]

What adjustments did you ask for?

 

And for the second time what is an fhso?

 

Sorry Emmzzi what do you mean about asking for adjustments.

 

Fhso stands for fire health safety officer.

[Emmzzi]

We'll, employers are not psychic. It would be reasonable for you to take some responsibility for your own health and tell them what adjustments you need.

 

Is fhso a management or a union role?

[singvict]

FHSO is a title given to the person responsible in the store for health and safety who has been trained to look after all these matters on a daily basis. It is not a management role but it is a designated responsibility requiring daily completion of forms etc. There is no argument that if he knew then the store management should have known.

[Emmzzi]

OK. Look, I am struggling with your very short answers and only having bits of the story. I really cannot help unless you are prepared to put in the time to tell us more. If you have legal representation I suggest you follow their advice which will be based on more complete data.

[singvict]

Sorry Emmzzi but I still don't understand your question about reasonable adjustments.

I have suffered epilepsy for many years and it has been controlled by daily medication.

As far as I was concerned my employer was aware of this as I informed them when I joined the company however my application form with all my personal details miraculously disappeared from my personal file when I claimed discrimination and all management denied any knowledge of my disability.

I had no reason to request reasonable adjustments.

[Emmzzi]

If an employer is found liable for disability knowledge because the FHSO new of the disability but did not inform management (vicarious liability? )or undertake a risk assessment is the employer then by default liable for not making reasonable adjustments (obviously they did not as they claimed lack of knowledge of the disability).

 

 

If your case is not about reasonable adjustments what is it about? Are you arguing your employer should have made adjustments when you yourself say you didn't need any?

 

I'm clueless on what your actual argument or detriment is and can see why an e.t. would be too! You'll need a proper argument for an appeal on what point of law they interpreted incorrectly and I can't even work put which would apply yet.

[honeybee13]

Hello signvict. It might help the advisers here if you provide links to your previous threads about this employer.

 

Please also bear in mind that it is hard to give complete advice without complete information.

 

Might I ask what is your desired outcome?

 

My best, HB

[smokejumper]

I think you need to show that a pcp put you at a disadvantage and that you requested a reasonable adjustment. If the adjustment was reasonable and they didn't make it, then it could be discrimination. There are other factors to consider whether the adjustments are reasonable. You have to start off with your suggestion.

 

I don't have a lot of faith in the ET, the system doesn't punish the employer, so is a farce in my opinion . Surely if the employer has broken a law it should be punished, seems an easy way to get rid of someone, by paying a small fine, employer doesn't have to give job back.

[Grotesque]

I had no reason to request reasonable adjustments.

 

Why not? Or more to the point, what has suddenly made these adjustments a necessity?

[I am Red Panda]

My small reasonable adjustments are vital to my work/life balance. Funnily enough my large employer is doing its damnedest to take them from me at the moment. Reasonable adjustments are vital to me...

My new line manager has had me summoned to see my employer's funded Occupational Health doctor in fact about the Reasonable Adjustments in place for me. Stressful is the term!