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Disability rights?

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kaikai | 12:55 Tue 01st Sep 2009 | Law
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I have been off work for 5 months this year and returned at the beginning of August. and am now classified as disabled. Before I fell ill I was manager of a shop but since returning to work I have still not went back to the store I initially ran. I was put in a smaller store, stripped of my managerial duties for a "recupiration period" to see how I got on (I have bad mobility) In this store I have to travel upstairs to get to the toilet and the stockroom which is not accomidating my needs. This initially was a 4 week agreement but it has now went on for longer and I am now being told I need to speak to the MD before I can go back to my shop. I feel like I am being alienated from all aspects of my store and I havn't been briefed on anything since I've been back (new supervisor/staff member started and I havn't been told anything about them!) I get the impression they don't want me to return to the store I was running before I fell ill, although it a ccomidates my needs as it is all on the one level with toilets and the stockroom located within the store. I really want to go back but feel they want to keep me at a smaller, less succesfull store. What are my rights when it comes to a situation like this? Can I demand to go back? Also while I was off my assistant mnager left and due to costs she has not been replaced. Can the company use this as a reason to not send me back? I.e "we would rather you stay at a store with a full management team to take some stress off you" Is this a justified reason to not move me back?

Sorry a bout the lengthy question. Just thought the more info, the better. Any responses would be greatly appreciated.

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First of all, does your employment contract stipulate that you will work in a particular store? It would be unusual if it did in that manager's are usually expected to be flexible.

Are you still on the same conditions, salary etc as when you went off on sick leave?

You should talk to your HR department or MD if the intention is to keep you at a store that is unsuitable to your disability. Legally, they should make reasonable adjustments to accommodate you. If that's not possible then you may find yourself being offered a job at a different store which may be suitable to your disability. If no such store exists and they cannot reasonably make changes then you would probably be made redundant, but this would be unusual if it is a large company with a number of stores to choose from. Usually, teh bigger the company the less excuse they have not to make changes.

You should also discuss with your HR department or MD your future role within the company. They need to tread carefully if you are genuinely disabled.

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