Equality act

[AnotherLimey]

Hello, I had two strokes in late 2023 and since have been diagnosed with a serious heart condition, thankfully the effects from the stroke are not to bad and the HCM symptoms are also not to bad although fatigue is a daily battle, I'm covered under the disability act at work but Iv'e had a letter today from my COM
saying they are drawing a line in the sand as Iv'e had two disability related absences in the last six months being a heart related absence where i was taken away from work in an ambulance and a absence due to a reveal monitor fitted (heart monitor) as a result of the ambulance incident, my question is are they breaking the disability act and if so who can I contact to get them back into line? thankyou in advance x

[Idk]

Absolutely they are, union area rep is first port of call.

[Pidleypoo]

The most amazing part about this is that they’ve actually put it in writing.

If you have reasonable adjustments and are covered by the equalities act then take this to your area rep immediately.

[ninja]

Apart from reaching out to the branch equality officer, you will need to raise a concern on the grounds of disability discrimination.

Line in the sand letters would be too vague and lack clarity.

What reasonable adjustments has been identified and put into action to support you at work.

Did they complete the disability risk assessment.

Have you been passport process.

Mostly managers tick box exercise and don't understand the legal obligations under the equality act.

Also remember you have 12 weeks minus 1 day to submit an et claim.
This timescale isn't moveable so can be done whilst waiting for the outcome of any raise a concern process.

Rm normally wait for the 12 weeks to expire before reaching a conclusion, so they can argue the claim is out of time.

[redlen]

There is no such thing in employment law with a line in the sand letter with a disability absence. just sending to you is breaching your protected characteristics. Would be considering raising a grievance.

The employer must make reasonable adjustments, Section 21 EA 2010.

There is case law that supports this where for an employer not to be able to make reasonable adjustments with the size of the workforce is simply unbelievable.

Make no mistake, A line in the sand letter is used to instigate conduct (Attendance) for unaceptable behaviour and has no relevance to a disability,

May i ask how many days you were absent in the previous six months?
What Reasonable adjustments are in place for you?
When was the last time you were referred to occupational health?

[tramssirhc]

Hello, I had two strokes in late 2023 and since have been diagnosed with a serious heart condition, thankfully the effects from the stroke are not to bad and the HCM symptoms are also not to bad although fatigue is a daily battle, I'm covered under the disability act at work but Iv'e had a letter today from my COM
saying they are drawing a line in the sand as Iv'e had two disability related absences in the last six months being a heart related absence where i was taken away from work in an ambulance and a absence due to a reveal monitor fitted (heart monitor) as a result of the ambulance incident, my question is are they breaking the disability act and if so who can I contact to get them back into line? thankyou in advance x

The attendance procedure is discretionary and must be applied in that manner. No where in it does it say any statement will be issued giving an ultimatum. In short thats not how the procedure works. Reply to the letter asking that any ultimatum is withdrawn. Also ask that you are referred to the occupational health provider to ascertain what you can and cannot do. The referral must be completed with you and you agree the criteria for the referral. When the occupational health provider gives their advice you can sit down with the employer and discuss and agree what happens next.