Disability issues

[QueenArseClangers]

I’v been signed off at the moment as Reasonable Adjustments have not been made yet (after OH assessment) and am being paid sick pay.
I’m not actually sick, my consultant wrote a Fit Note stating that i’m fit for work but only if RA have been put into place.

My company sick pay is due to run out soon. I’m desperate to return and from what scant information I’ve found it seems that putting me on reduced pay (which is due to no fault of my own and I’m actually not sick) is disability discrimination?

The equipment I need should be coming in the next few weeks I hope (due to an admin cock up not on my employer’s side, they’ve been fab).

Does anyone know the correct legislation that I can quote/refer to? I’m basically signed off like a pregnant woman would be if her workplace was unsafe (if you know what I mean) so shouldn’t be penalised?

Thanks.

Sounds like they may be considering an ill health dismissal?

I can appreciate that you feel that you’re not sick. But essentially your Consultant has said that you’re only fit for work with adjustments, ergo, you’re not fit for work without them.

That’s not to say that you couldn’t potentially make a successful claim for loss of earnings against the firm that has made set administrative cock up if you choose to do so. But the onus isn’t on your employer to continue to pay you at the rate of your Occupational Sick Pay scheme once it runs out if they have no ability to extend it at managers discretion etc.

” Does anyone know the correct legislation that I can quote/refer to?”

The relevant legislation is the Equality Act. But if the adjustments are being made what do you hope the legislation will achieve?

”I’m basically signed off like a pregnant woman would be if her workplace was unsafe (if you know what I mean) so shouldn’t be penalised?“

No it’s not the same. You are signed off because a health condition means you are not fit for work without reasonable adjustments which haven’t yet been made.

If you think the adjustments could be made quicker and your employer is dragging their feet or something, you could put in a grievance about that. But as the equipment is ordered and is coming, I’m not sure what you expect legislation to help you achieve- as you’ve identified, absence due to a disability (just like a pregnancy-related condition) isn’t entitled to any more sick pay than anyone else gets.

Thanks for all your replies. I’m concerned that if the RA aren’t made in time I’ll be put onto SSP which puts me at a disadvantage financially.
Say person A moved location at their job and was a wheelchair user. Their work was now inaccessible to them unless a ramp was put in place. Would the law expect (under the EqA) that A would be at a financial disadvantage (SSP) than an able bodied worker?

I found this on the Unison site.

Hi OP

I'm in the exact same situation - off work sick due to failure to make adjustments, in addition to victimisation, discrimination, harrassment.

I have a grievance in which still hasn't been heard and I've raised a tribunal claim.

Have you raised a grievance? Do so if not.

You are right to reference Meikle vs Nottingham council - basically it was found that as the employer were the reason for the sickness absence (lack of adjustments), they should have continued her full pay.

By referring to the above case, I myself was able to successfully get my employer to continue my full pay. I remain in constant worry they will forget each month though.

But in your case, if this argument doesn't work, take it further. Mention the above case to your union also to get them to help you (my union is also Unison, they've been really good with me so far).

” Say person A moved location at their job and was a wheelchair user. Their work was now inaccessible to them unless a ramp was put in place. Would the law expect (under the EqA) that A would be at a financial disadvantage (SSP) than an able bodied worker?”

Is that what happened though? That’s a different scenario, involving no sickness absence and (presumably) an employer’s decision to relocate the staff member.

The case law you’ve found is right, it is established that in exceptional circumstances, it may be considered a ‘reasonable adjustment’ to pay a disabled employee enhanced sick pay they are not contractually entitled to, such as when the employer has failed to make a reasonable adjustment. However the default is not. I can’t tell from what you’ve said whether your situation would fall into those exceptional circumstances.

Have you actually asked the question?

sorry my grievance has been heard but I still don't have an outcome.

Feel free to PM me. I have done a lot of legal research and have a lot of support from union, their lawyers and disability orgs.

Many of the respondents on these threads will respond from an HR or employer's POV so be warned.