Employment question:
I have been diagnosed with Fibromyalgia and am currently finding it difficult to perform my duties at work. The boss wants to downgrade me but if my poor performance is due to a disability, can he do this?
Responses:
Kavita Bachada's response
If an employee has a disability, then generally, the duty to make reasonable adjustments arises. Downgrading does not sound like an adjustment but could be in breach of contract or viewed as a penalty.
There are certain things that you may need to do such as to raise a grievance. Equally, you may wish to look at how your peformance may be poor, applying an objective criteria.
Please feel free to call me on 07515 485 803 for further guidance or email me at kavita@majorsinghsolicitors.co.uk
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