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Author Topic: Physical attacks/threats on staff.  (Read 159863 times)

NightAndDay

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Re: Physical attacks/threats on staff.
« Reply #575 on: 04-11-19, 07:37PM »
The equality act 2010 as long as however, your disability is considered "long term" reading through variations of the act, there seems to be ambiguation over what is considered "long term".

lucgeo

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Re: Physical attacks/threats on staff.
« Reply #576 on: 04-11-19, 07:48PM »
My interpretation and understanding of the equalities act is, that your condition has been ongoing for a year or more for which you have been taking medication for that length of time and it is an ongoing disability which will not improve.
« Last Edit: 04-11-19, 07:49PM by lucgeo »
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Duracell

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Re: Physical attacks/threats on staff.
« Reply #577 on: 04-11-19, 08:19PM »
The company can limit your overtime eligibility on some types of support plans.

An injury that is not likely ongoing and temporary wouldn't be covered by the equality act.

Illness should be for longer than 12 months but the prognosis can be unknown or even could possibly improve and still qualify. Symptoms can also be under control to the point of normality providing that without prescribed medication an individual wouldn't be able to carry out day to day functions. So some people may appear to be perfectly normal with medication but without it may not be able to carry out normal day to day tasks and would therefore qualify under the act like the act states.
 
Having said that, ultimately the only way a claim of protection under the act can be validated is by a tribunal, it rarely needs to go that far, as companies can and do recognise the validity of a claim of consideration for reasonable adjustments and their ability to facilitate the need, but it's all about likelihood and probability as only a tribunal can ultimately qualify a claim.
My Opinion is exactly that, Mine.  Based on my view of what I know , see and what I would do.
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Walker

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Re: Physical attacks/threats on staff.
« Reply #578 on: 04-11-19, 11:18PM »
My interpretation and understanding of the equalities act is, that your condition has been ongoing for a year or more for which you have been taking medication for that length of time and it is an ongoing disability which will not improve.

That's not actually correct. A disability is considered long term if:
1. It has lasted more than 12 months, OR
2. It has lasted less than 12 months but is likely to last more than 12 months, OR
3. It is likely to last for the rest of your life.

This is specified in schedule 1 of the act.
« Last Edit: 04-11-19, 11:20PM by Walker »

Walker

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Re: Physical attacks/threats on staff.
« Reply #579 on: 04-11-19, 11:49PM »
Frankly, I'd probably just write a letter to your store manager  asking that your case be referred to occupational health and a formal support plan be drawn up.

Redshoes

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Re: Physical attacks/threats on staff.
« Reply #580 on: 05-11-19, 09:36AM »
You don't need it in writing for occupational health referral, it only needs verbal but you should have an adjustment passport first.