Time off or medical appointments for disabled employee

[whitecraig_wizard]

Not exactly, the point made by the LJ whilst on the matter of pay dealt with a wider issue which was this; the detriment suffered by a refusal to make a reasonable adjustment. the BUT FOR arguement. But for the disability would this be happening, and that was why it became a starred ruling. However, it still doesn't deal resolve the issue here of unlawful discrimination, or of deducting annual leave, which COULD break the European Worktime Directive on 28 days paid leave. I think that the best option for the OP is to contact the ECHR advice line.There were a lot of things discussed at my wife's tribunal, which showed that the action taken was 1) unlawful disability discrimination2) Was the culmination of a series of events that she endured at the hands of her employer.Sadly, all to often things are not done out of malice but of ignorance and stupidity, which don't hurt any less, but can be resolved far more easily.

[assisted blonde]

If the company thought your aunts illness wasnt genuine then they could be looking at a disiplinary action for unauthorised absence, are you sure they have said that they dont believe she is ill? as for the no seats in the prayer room, noisy canteen, meeting rooms being used i dont think any employer can be or should be expected to provide yet another space just so employees can have a rest or quite sit down, i still say that if your aunt had a headache then an asprin and fresh air would be the normal response and if you go home early then taking into account the amount of time she had already had off then its not unreasonable that the employer may be getting a little fed up with it

[goboy]

Of course employer do not want to be bother with disabled people and are looking to get rid of them without any fall out on them. It is far better to get people that will work for minimum wage and work on Sundays and bank holidays as normal days. Retailers are not doing well in the recession and will look to make saving anywhere they can, they have no loyalty to long term employees as they are dispensable in today market.

[lbruk]

100% correct goboy

[goboy]

My aunt put in a grievance and went to the hearing but and put her case forward as best she could, the main one was her payments there was so many discrepancies in her pay. 2 of her payments said that she got net pay and tax was deducted but nothing was transferred into her account. The findings did not add up at all regarding her pay.

 

My aunt is disabled and considering that she is over a certain age the crass manager that took the grievance give her details of when pay is not payable to staff and she told my if she went bungee jumping she would not be paid. This has no bearings on my aunt disability. The findings of that grievance is rubbish. She has put in a ET regarding her pay and hopefully the appeal will be done before that comes around for the hearing.

 

My aunt is taking holiday leave for hospital appointment as they looking to get her on capabilities to dismiss her. The company H&S policy is non existence considering that they are such a large employer.

Edited July 26, 2012 by goboy