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I’m thinking of taking my Force to an employment tribunal due to their poor treatment of my disability – what advice can you give me?

The first point that we must make is that we cannot give legal advice, but we can signpost you to others who are qualified to provide legal assistance.

Making a claim to an employment tribunal should be considered carefully. If you haven’t done so already, speak to your Federation or union rep, and seek legal advice (your rep may be able to arrange this).

A few things to consider (this is not an exhaustive list):

  • Prior to bringing an ET, you should have given your Force the opportunity to put things right – the grievance process is there to help resolve disputes
  • As of July 2017, there is no fee for bringing a case to an ET
  • Legal aid is not available to pay for a solicitor to represent you at an ET, however the Federation or your union may fund your legal fees, depending on the merits of your case
  • An ET will be a stressful experience – you can expect your Force to vigorously contest your case, and to raise any performance, integrity or disciplinary issues, which will become part of the public record (see below)
  • If you win your case, any award of compensation is likely to be in the region of a few months’ salary, dependent on the nature of the case – i.e. not a life-changing amount
  • A Force does not have to acknowledge wrongdoing in the event of losing an ET, and may appeal the judgement
  • Your Force may offer to settle your case out-of-court – this is usually on a “no liability” basis
  • ET proceedings and rulings are in the public domain – the ET may be reported in the press, and in the age of the internet, all details including your name will be available online in perpetuity for anyone to see. (Anonymity is granted for certain cases, but this is not an automatic right.)

Occupational Health recommended a reasonable adjustment/change of role for me, but management have refused it. What can I do?

This is a common sticking point for anyone needing adjustments at work due to their condition. Reasonable adjustments have to be balanced with the needs of the organisation – a state-of-the-art razor-thin Macbook may help with your dyslexia, but so might a notebook with coloured paper and changing the Windows theme on your computer profile – guess which one your Force is more likely to agree to? The problem comes when a refusal to implement a change at work or to consider reasonable alternatives causes you hardship, which can have a knock-on effect in your personal life. In the case of disabilities, this may fall foul of the Equality Act, which clearly states that an employee may not be treated less favourably due to a disability. The Act also places an explicit obligation on employers to implement reasonable adjustments to assist with the recruitment and employment of disabled staff.

In the first instance, we would suggest contacting your Federation or union rep, and trying to negotiate with your line management, perhaps with the involvement of Occ Health or an external consultant to reinforce your case for reasonable adjustments or change of role. Failing this, consider using the grievance procedure – all cases are recorded by HR and are subject to scrutiny. Legal action should only be considered as a last resort (see separate FAQ on employment tribunals).

Unison have provided a guide to reasonable adjustments with examples for various conditions and employment tribunal case studies.

I’ve had to take a lot of sick leave due to a medical condition – my line manager has warned me about being placed on ‘unsatisfactory performance’ if this continues. Are they allowed to do this?

If your medical condition is classed as a disability, you are afforded protection under the Equality Act (see separate FAQ). Certain serious illnesses such as cancer are automatically classed as disabilities under the Act.

Performance management measures are the first stage in the unsatisfactory performance process (UPP), which can ultimately result in an employee losing their job. The answer to the question “Can I be dismissed due to having a disability?” is a firm “No” – your Force should make efforts to find you a role to which you are suited, although if you are unable to work at all, you may be put forward for medical retirement.

Of course, there are many other conditions which are not disabilities but can still result in time having to be taken off work, and the question of being subject to UPP due to sickness is something of a ‘grey area’ which has featured in many employment tribunals. You should be referred to Occupational Health to discuss how your condition affects you, and your line managers will be given advice and recommendations on your condition and the roles you can undertake. We recommend you discuss the details of your case with your Federation or union rep – both bodies have extensive experience of dealing with sickness-related UPP.