Convincing Features
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Priya has been employed as a packer for Stevenage Packaging Company Ltd (SPC) since 1st January 2021. SPC makes plastic trays for ready meals. Priya’s job is to take the molded plastic trays off the machine and pack them into boxes. Priya needs to stand on a stool to reach the trays. The machine has the appropriate guard on it, so it is not possible for the employees to be harmed by it. SPC operates six days a week and employees have to work one of two shifts either 6 am – 2 pm or 2 pm to 10 pm.
Priya was temporarily employed with SPC as an assistant quality controller for two months from July- September 2022 covering for a colleague who was off sick. This role did not involve working near any machinery.
Two months ago Priya fell off her bicycle and suffered a blow to the head resulting in a diagnosis of epilepsy which causes her to have seizures. It is incurable but can be controlled with the correct medication. Priya has been signed off sick from work but wants to return to work. Her doctor has said she can return to work but that for the next six months, she should only work days: 9 am -5 pm and should not operate or be involved with machinery.
SPC responded that they can not change the shift system and she must return to her old job as a packer as they have recently had a big influx of orders and are very busy.
Priya seeks your advice as to whether she has any claims for discrimination against SPC and if she were to be successful what remedies she would be entitled to.
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