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lemonpinklady

Worker with learning disability failing minimum service levels

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My uncle has learning disabilities and has worked for a major supermarket for over 20 years.

The company has now introduced minimum service levels and say he is not reaching these.

 

 

One problem is getting cages out and the other is customer service.

A mystery visitor gave a damning report of his interaction with my uncle who apparently blanked him.

 

 

The manager says that he does know what to do but doesn't always do it.

The company have offered my uncle a different job doing the trolleys but our family doesn't want him to take it.

The company have also brought in an in work support advisor from a charity to help support him and given extra training.

 

My question is

can they change his hours and duties as they say he is not achieving these new criteria?

 

There are not as many hours available to all staff as there were last year due to the supermarket not taking as much money as they did.

 

Is it discrimination if they change his job?

 

Thank you for any help.

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If he cannot do the job, even with reasonable adjustments - as these look to be - then they can dismiss, never mind change his job.

 

They need to show they have taken reasonable measures, and providing retraining, or a different kind of work, seems reasonable to me; I suspect an ET would also find it reasonable. The only way to be sure is court, so it's a hgh stress risk to disagree!

 

Why don't your familay want him on trolleys, and what does your uncle actually want?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Its not discrimination. Capability issues are not, in the whole discrimination.

If It was then a wheelchair user could apply for a roofers job and then claim discrimination when rejected.

 

I would say on the whole if they have offered a position more suitable with support they are being supportive.

They could dismiss on your uncle not being able to the job he is employed to do.

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Thanks for replies. My family feel the trolley job is like he is being demoted and worry the winter will be too hard (he's in his late 50's). He himself does do trolleys sometimes when needed and doesn't mind it but the family is adamant. I am worried that if the family digs its heels in too much he will lose this chance and he does need to keep the job.

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Hi,

 

I can understand the family's views; I guess what matters is what your uncle thinks is more important; the "right" job, or to keep working here doing whatever, with people he's maybe comfortable with? The tough reality, as I am sure you know, is that employers with patience are difficult to find.

 

Maybe the family can speak with the support worker, if that is a service on offer?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thank you so much for advice, at least I know now he is not being discriminated against.

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herein lies the real problem. Could be worse though, they may have wanted him to be an electronics expert on a space programme and then dug their heels in when he was offered a lesser role. Yes that is a bit flippant but I hope that the point is made, it doesnt matter what the family wnat, they are neither employer nor employee and should let you uncle decide whether he is happy to do the alternate duties rathe than worry about some supposed status If ther money doesnt change does it really matter? Self esteem doesnt trump the need to eat.

 

QUOTE=lemonpinklady;5060361]Thanks for replies. My family feel the trolley job is like he is being demoted and worry the winter will be too hard (he's in his late 50's). He himself does do trolleys sometimes when needed and doesn't mind it but the family is adamant. I am worried that if the family digs its heels in too much he will lose this chance and he does need to keep the job.

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Thanks ericsbrother they are wise words. With everyone's input I understand more and I can explain to the family.

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