Equality Act 2010 – Part 5 – Disability Discrimination – Am I Covered?

I had a lengthy conversation the Equality and Human Rights Commission Helpline regarding part 5 – Disability Discrimination. Due to the severity of my condition and, it is fair to say that without medication I cannot lead a normal life, they believed it was right to assume I should be covered. They gave me some great advice about how to handle the situation I was facing with my employers.

At their suggestion, even though I was on the verge of dismissal, I wrote a letter putting in writing how I felt about the situation. I explained what I was doing, how I had tried to help the company understand my condition and how I felt I was not receiving the support I was asking for from them. I made my request for reasonable adjustments in writing and requested they respond in writing within 10 days. I sent a copy to my manager’s manager and a copy to HR.

At the time, any request for reasonable adjustments under Part 5 of the Equality Act 2010, has to be proven unreasonable by the employer. You know what laws are like, they’re forever changing so Google Equality and Human Rights Act for up to date information. (I googled “equality human rights act” today)

The EHRC Helpline did explain to me, that if I was dismissed or if my employers refused to provide reasonable adjustments, then I could take their decision to a tribunal.

A TRIBUNAL IS THE ONLY WAY A DECISION CAN CLEARLY DEFINE WHETHER A CONDITION IS COVERED BY PART 5 of the EQUALITY ACT 2010.

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