sasbear

Not sure if anyone out there can shed some light on this situation.....my daughter has recently been diagnosed with epilepsy. She is full time student and works at a local hotel (UK) on weekends. It appears they have suspended her from duties and are looking at dismissing her on the grounds of her recent diagnosis. Can they do this?

mickagnew

Sasbear

Definitely not, disability discrimination act springs to mind staright away, they are not allowed to do that. She nees to get in contact with CAB

Mick

Luke I Amyofath

http://www.equalityhumanrights.com/e...s/default.aspx

sasbear

Thanks to both of you will be having a good look later.

Icarus

sounds like a no - no to me S , i think she should seek advice .. i don't mean hire someone but speak to ACAS

http://www.acas.org.uk/index.aspx?articleid=1461

flodsfive

How long has she been employed by the hotel,

I ask because as far as I am aware in the UK employers can dismiss staff without reason in there first year I think it used to be two or visa versa.

unless she has any written evidence that this decision is based on a medical condition she might have a tough time. I hope I'm wrong for your daughters sake. (and anybody please correct if so.) Perhaps she could get a fit to work certificate from her GP. This sometimes work especially if it's a small business and not a large chain.

Ozzidoc

My understanding is that they can dismiss for no reason within 12 months, unless contract says otherwise. However they cant dismiss due to disability. ie I suspect that it would be up to the employee to bring a discrimination case via ACAS, and then I suspect that the burden of proof would be on the employer.

Also, your daughter can't work alone....so if this is something that she has been doing, then the company needs to make reasonable arrangement to accommodate this. Also if her seizures are triggered by something in the workplace, again reasonable accommodations need to be made.

sasbear

Thanks so much Ozzie Doc and others.

I am not exactly sure how long she has worked there but I think it is a large hotel/bar chain.

As many of you may be aware I have recently reconciled my relationship with daughter and have not been a real big part of her life for the last 4 years.

Saying that - i am so worried I am planning on a visit back asap! i just can't relax until i have been and seen how she is

S

moneypenny20

I've not heard anything about the not working alone bit My daughter's consultant never said anything about that. She's not allowed to ride the ride on mower though

Has she been put on meds Sas? Because once they've got the levels right she should be able to carry on as normal - that's how it works here anyway.

flodsfive

I employ a person in a similar position, when she came to me with her diagnosis, (she had only worked for us a month or two) we had a chat and decided the way forward was a note from the GP or consultant to say she was safe to work .

I think employers have to prove that they are looking after the welfare of there employees. you have to provide a safe place to work. I had the permission of the employee to write directly to consultant and GP and I asked them to write me a letter that this person was fit to work in the enviroment she works in. It took a few weeks but it's all on record and everyone is happy.

The trouble is there is a mine field of litigation out there and sometimes wrong decisions are made unintentionally.

Get your daughter to ask for a meeting. Hope all goes well.

sasbear

thanks for that

sasbear

Not sure of the medication yet - but just tried to call and she is sleeping - seems the tablets are making her drowsy - will try and call her in an hour

moneypenny20

I don't know what's worse, knowing your child is having seizures and you not being able to with her or being with her when she's having one. I know when first born had one just before I got home from shopping and found her immediately after I felt as sick as a pig but not as terrifying as being there with her for the first.

Jeez, you own shares in that wringer of yours hon. Big hugs.

Wendy

I have grown up with a parent who had epilepsy. No matter what is right or wrong the people who have this condition ARE discriminated against and that's a sad fact. There just isn't enough understanding of the condition for there not to be - and anyone seeing one of the fits for the first time WILL panic and not know what to do.

I saw them at least once a day for the first 12 years of my life, and I was still shit scared every time it happened - it's only natural to feel like that until you understand what it's about and no-one will know unless you educate them.

I have no words of wisdom to offer about UK discrimination laws and what have you, as this is a bit too close to home for me to be objectional. But I do wish your baby girl all the best for her future, and tell her from me that she can overcome this and it is fully controlable with drugs. Give her the biggest hug you can from me x

Reedy

You have probably discovered from previous responses that the answer to this is definitely not!!!

Useful info on the Epilepsy Action website www.epilepsy.org.uk/info/dda.html
They recommend the following sources for additional info / advice:
- ACAS: 02920 762 636
- Equality and Human Rights Commission they take on a number of cases and take them to Court particularly landmark cases - 08457 622 633
- Epilepsy action free helpline give details of free assessment scheme offered by solicitors specialising in DDA 0808 800 5050
- They recommend solicitors called Russell Jones and Walkers who have dealt with numerous DDA - epilepsy related cases. They do a free online questionnaire assessment if your daughter is interested.

Have looked at the DDA Code of Practice for Employment and taken relevant info for you...

If your daughter feels that she is being discriminated against she needs to put details of her grievance in writing and present to employer. The Employer should then follow the process in the Employment Act 2002 to deal with the grievance i.e. meeting to hear grievance, decision, internal appeal etc. It may be worth your daughter requesting a copy of the grievance process......

Summary of useful bits of info found taken from COP and in exact words:
Section 4A of Disability Discrimintation Act
- Duty to make reasonable adjustment
- Duty owed to the individual disabled person
- Duty to make reasonable adjustment applies during all stages of employment
- More extensive duties are owed to current employees

- In order to avoid discrimination it would be prudent for employers not to attempt to make a fine judgement as to whether a particular individual falls within the statutory definition of disability but to focus instead on the needs of each individual

- There is no onus on the disabled person to suggest what adjustment should be made, but where the disabled person does so, the employer must consider whether such adjustment would overcome the disadvantage and whether they are reasonable

- The Act does not permit an employer to justify a failure to comply with a duty to make a reasonable adjustment

- Medical evidence is generally considered as 'expert contribution' when deciding on reasonable adjustment

- The first consideration in making reasonable adjustment should be to enable the disabled employee to continue in the present job if at all possible

- The employer should consult the disabled person at appropriate stages about what his needs are......

- In appropriate cases the employer should consider seeking expert advice on the extent of a disabled persons capabilities and what might be done as reasonable adjustment

- If a disabled person is dismissed, selected for redundancy or compulsory early retirement (including ill-health retirement) the employer must ensure the disabled person is not being discriminated against. THE REASON WOULD ALSO HAVE TO BE ONE WHICH COULD NOT BE REMOVED BY REASONABLE ADJUSTMENT

- A disabled person will be taken to have been dismissed for purposes of the act if:
* He gives notice or some other act to bring his employment to an end in circumstances in which he is entitled to terminate without notice by reason of the employer's conduct. (Constructive dismissal)


Hope this helps you and your daughter. Just raising the grievance with the reference to the correct sections of the legislation should make them rethink their decision.

Regards,

Laura