Understanding Employee Rights: Has the Law Been Broken?

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Disclaimer: This article aims to support and raise awareness for all individuals with disabilities, not just those with Multiple Sclerosis as mentioned in the example. The legal principles and protections discussed apply broadly to anyone facing unfair treatment due to a disability in the workplace.

“Exploring the Legal Protections for Employees Facing Unfair Treatment in the Workplace”

When employees request accommodations at work, particularly for health reasons or to balance work with education, they have the right to be treated fairly. However, what happens when an employer doesn’t respect these requests? In cases where employees face unfair treatment or increased workloads due to their health or personal commitments, it is essential to understand what rights may have been violated.

Consider the following example: An employee with Multiple Sclerosis (MS), who is also pursuing a full-time degree, requests to reduce her working hours. Despite this, her manager assigns her to work every Saturday and Sunday, going against the typical rotation that sees employees work alternate weekends. The manager also transfers her to a more demanding department, all in response to her request for part-time hours. Additionally, the employee’s medical condition, which should have prompted workplace adjustments, has been ignored since she started working for the company.

“In this situation, several employment laws may have been broken”.

Let’s explore what protections the employee is entitled to and which laws may apply.

1. Disability Discrimination (Equality Act 2010)

The Equality Act 2010 protects employees from discrimination due to their disabilities. Under this act, employers are legally obligated to make reasonable adjustments to support disabled employees.

In the case of this employee, her MS may mean she requires more flexibility or certain accommodations, such as reduced hours or less physically demanding tasks. By failing to offer support or make adjustments, the employer could be in violation of the Act.

Direct Discrimination occurs when someone is treated unfairly simply because of their disability. In this case, if the manager is assigning her inconvenient shifts or more challenging work purely because she requested part-time hours, this could qualify as direct discrimination.
Failure to Make Reasonable Adjustments: The Act mandates that employers must adjust the workplace to accommodate disabled employees. Whether it’s through changes to her schedule, department, or workload, ignoring her needs for reasonable accommodations due to MS is likely a breach of the employer’s legal duties.
Indirect Discrimination happens when a company policy or practice, such as the way shifts are assigned, disadvantages a disabled employee compared to others. Forcing this employee to work every weekend despite her medical condition could fall under indirect discrimination.

2. Part-Time Workers’ Rights (Prevention of Less Favourable Treatment Regulations 2000)

Employees who work part-time are legally protected from being treated less favorably than their full-time counterparts. This includes being assigned more undesirable shifts or being subjected to harsher working conditions.

If the manager is giving the employee less favorable shifts or additional workload simply because she has requested part-time hours, this might violate the Part-Time Workers’ Regulations 2000.

3. Constructive Dismissal (Employment Rights Act 1996)

Constructive dismissal refers to a situation where an employee is forced to resign because their employer’s behavior has made it impossible to continue working. For example, if the manager’s actions – such as unreasonable work assignments or ignoring her health condition – create a hostile work environment, the employee may feel they have no choice but to leave.

If the employer’s behavior amounts to a serious breach of contract, such as disregarding the employee’s request for reasonable adjustments, this could potentially lead to a constructive dismissal claim.

4. Flexible Working Rights (Employment Rights Act 1996, as amended)

Employees have the legal right to request flexible working arrangements, such as reduced hours, and employers must consider these requests in a fair manner. While employers are not obliged to grant every request, they must provide legitimate business reasons if they decline.

If the employer punished the employee for requesting part-time hours by transferring her to a more demanding department or assigning unfavorable shifts, this may be in breach of flexible working regulations.

5. Harassment (Equality Act 2010)

Harassment under the Equality Act 2010 involves unwanted behavior that creates a hostile or intimidating work environment. If the manager’s actions are making the employee feel uncomfortable, intimidated, or isolated, this could be classified as harassment.

In this case, the manager’s refusal to provide support or their decision to increase the employee’s workload despite her medical condition could constitute harassment if it results in a hostile working environment.

6. Health and Safety Obligations

Employers have a duty to protect the physical and mental well-being of their employees under health and safety laws. Ignoring an employee’s health condition, particularly one as serious as MS, may breach these obligations.

If the increased workload or lack of accommodations places the employee’s health at risk, this could also be a violation of the employer’s duty of care.

Summary of Potential Legal Breaches

Based on the situation described, the employer may have violated several laws, including:

Disability Discrimination (Equality Act 2010): for failing to make reasonable adjustments and treating the employee unfairly due to her MS.
Part-Time Workers’ Regulations: for assigning more undesirable shifts or workload due to her request for reduced hours.
Constructive Dismissal: if the employee feels forced to leave due to hostile working conditions.
Flexible Working Regulations: for potentially punishing the employee after requesting part-time hours.
Harassment: if the manager’s behavior creates a hostile work environment.
Health and Safety Obligations: if the employee’s well-being is compromised due to a lack of adjustments.

What Can the Employee Do?

Employees facing such situations should document everything, including emails, schedules, and any communication with their manager. They can seek legal advice from employment law professionals or contact organizations like Acas (Advisory, Conciliation and Arbitration Service), who provide free and impartial advice to employees on their rights.

By knowing their rights, employees can stand up against unfair treatment and ensure that they are protected under the law.

Conclusion

This article outlines the employee’s legal protections and potential legal breaches in a concise and informative way.

Fair treatment in the workplace is not just a matter of courtesy, but a legal obligation. Employees, particularly those with disabilities, deserve reasonable accommodations and respect for their rights. Whether it’s adjusting working hours, offering support, or preventing discrimination, employers must act within the framework of the law. In cases where employees face unfair treatment, like in the example of an individual with Multiple Sclerosis, it’s crucial to understand the legal protections in place. By knowing their rights and seeking appropriate guidance, employees can ensure they receive the fair treatment they are entitled to, regardless of their disability or circumstances.