Q: I have just been told I have Chronic Fatigue Syndrome and my line manager is making my life very difficult. My GP has requested lighter duties but the line manager feels that if you can’t do all of your job you should lose it. He has mentioned redundancy. Can he do this?
May 06 2008
Answered by: Peter Done Ask a question
If you lose your job due to your disability, you may be able to make a claim to an employment tribunal. Under the Disability Discrimination Act, it is unlawful for an employer to discriminate against a person because of their disability.
Your employer has a duty to make ‘reasonable adjustments’ to workplaces and working practices to make sure that you are not at a substantial disadvantage compared to other people. What is considered 'reasonable adjustment' will depend on many different things, including:
• the cost of making the adjustment
• the amount the adjustment will benefit the employee
• the practicality of making the adjustment
• whether making the adjustment will affect your employer’s business/service/financial situation.
If you feel that you are being discriminated against, you should first attempt to resolve the problem informally. Talking openly to your manager about your needs and their needs may help to resolve the situation. If you feel as though you are unable to talk to your manager, you need to consider following your employer’s formal grievance procedure.
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