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  • Essay / Physical disability and employment

    Alex suffers from early osteoarthritis of the right hip. He believes that this condition amounts to a disability within the meaning of the Equality Act 2010. Say no to plagiarism. Get a tailor-made essay on 'Why violent video games should not be banned'?Get the original essayAlex is currently employed as a personal trainer at 'OZO' gym (his 'employer') and has been working with them for 6 years. . Alex was diagnosed with early-onset hip osteoarthritis 3 years ago. Alex believes that he has been treated less favorably by his employer because of his disability which diverges from the Equality Act 2010. Alex has on several occasions made his employer aware that he has a disability for which he needs judicious adjustments in his working practices. Alex requested the following changes: Reduction of his working hours. He wants to work 30 hours a week. Regular breaks in his shifts so he can get some rest to reduce hip pain. Adjusted shift pattern for personal trainers. Although Alex's employer has known about his disability for over 3 years now, he has tirelessly botched any adjustments to accommodate his disability. His manager's view is that Alex's disability does not create a positive image for his personal trainers and his company. Alex's subjection to disability discrimination meant that Alex was unable to work during the reduced hours he had requested, which had a detrimental effect on his current health condition which exacerbated the effects of his disability. Three months ago, Alex filed a formal grievance because he felt he had no choice but to do so in circumstances where all of his verbally expressed concerns had been ignored. Alex's employer did not uphold his grievance and denied any responsibility for discrimination. Alex's employer, however, agreed to reduce his hours to 25 hours per week (without any adjustments or flexibility to allow him to work beyond this figure if necessary), requiring that he work every day of the week when the crowds are less and prevent him from working on the busiest days and times of the week. He was also allowed to take a 10-minute break when he felt pain, provided his boss allowed such breaks to ensure his boss knew where he was. Alex's employer wants to change Alex's terms of employment to reflect his new work hours (25 hours per week) and new work days to include working every weekend. Alex has been informed that he will face legal action if he does not accept the proposed amended terms. Alex believes that his employer has not provided a good reason for not agreeing to make the accommodations he requested and that the recommended accommodations he is willing to provide are unreasonable in the situation in which he finds himself. Alex is aware that his employer is hiring and new employees are brought in or asked to fill in during peak hours and they have been asked to be personal trainers for their clients instead of allowing Alex to to be a personal trainer.Alex went to see a lawyer for legal advice to see if he had any imminent employment claims against his employer. The lawyer advised him that the Equality Act 2010 requires employers to make reasonable adjustments for disabled employees. Additionally, such disabled employee should not be treated less favorably because of a disability. In Alex's case, his employer has not provided any reason why he does not.