Hi all, I'm hoping someone can give me some advise. I I work as a carer in the community and have mild emphysema. When I was diagnosed, I went to my employers and explained the state of play. My job entails waiting around in my car, sometimes over an hour, to go in to my next client. I explained that I could no longer do this, as it was affecting my health, it isn't good for me to sit around in the cold and that I didn't want to work beyond 8pm. They were good and agreed. This week, however, they have gone back to their old ways with me. Tomorrow, for example, my last client is at 8.45pm and the client before is 7.30pm, so I have an hour to sit around. I tried to hand the client back but they said I'd got to do it. We have to give our employer our availability. So it's not within my availability times.
Do I have any rights, can I refuse to do it?
Also, I am having my gallbladder out in a couple of weeks and had to book time off for that. I just wonder if they are trying to get me to leave.
Anybody got any advise?
Written by
Nanapenny
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"Definition of disability under the Equality Act 2010. You're disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities." (Long term = lasting more than six months).
Make sure you have informed your employer, in writing (an email/letter or even a text), of your condition and the reasons why you are asking for the changes. You only need to go into the "top-level" detail of your disability (worth remembering if you have any embarrassing side effects).
Seems like your employer followed the guidelines ... until now. I suggest you write to them and explain how this change they have made is impacting on your condition and request that they revert back to the working patterns previously offered. It could simply be an error, someone else is doing the work rotas etc, so keep it pleasant and polite (with no subtle threats) - give them a chance to rectify the situation before using legal terms (reasonable adjustments / Equality Act etc) which could upset them if this is a genuine error on their part.
Thank you I will certainly look at that. I knew there were places I could find out my rights, but my brain is a bit mush at the moment. So thank you.
..you have already explained your health situation to them weeks ago as you said and they were supportive to you why change the goal posts your health hasn't changed so why should your workload .I would call ACAS or if your in a union consult with them to gain specific information regarding your situation good luck Angie xxx
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