Facing redundancy after an MS diagnosis: who helps?

Summary

MS counts as a disability under the Equality Act from the day of diagnosis, so you are protected from disability discrimination at work whatever your length of service. In a redundancy or restructure, your employer must consider reasonable adjustments: for example a part time or job share version of the new role, or selection criteria that do not count disability related absence against you. Put requests in writing, ask for contact while you are off sick to be by email, and use the free MS Society legal line, ACAS and a union before any deadline.

Key information

• Protected from diagnosis: MS is named in the Equality Act. You do not need to show how badly it affects you.
• Reasonable adjustments: if a rule like "the new role is full time" puts you at a disadvantage, your employer must consider reasonable changes.
• Unfavourable treatment: treating you badly because of something arising from MS, such as sick days or fatigue, can be discrimination unless the employer can justify it.
• Fair redundancy: a genuine reason, fair selection, real consultation, and a look at other suitable roles.
• Flexible working: you can ask from day one. Your employer must deal with it reasonably and decide within 2 months.
• Contact while off sick: ask for written contact at agreed times, as occupational health advised.
• Deadline: discrimination claims usually start within 3 months less one day, after ACAS early conciliation.
• When to speak to a solicitor: you are selected, offered a settlement agreement, or a deadline is close.
• The MS Society can: explain your rights at work using work, MS and you; connect you to its free legal advice service in England and Wales, run with the Disability Law Service. Call 0808 800 8000. They will not normally represent you at a tribunal.
• ACAS can: explain redundancy, disability at work and making a flexible working request; run early conciliation if you decide to claim. They will not attend consultation meetings or argue your case.
• The Equality Advisory and Support Service can: explain the Equality Act and help with letters about discrimination. See EASS. They will not give legal representation.

Practical guidance

• Write to your manager or HR: explain any limits from MS, ask for contact by email while off sick, and ask for adjustments in the restructure (part time or job share version of the role).
• Call the MS Society helpline and ask for the legal advice service.
• Ask for the selection criteria and your scores in writing.
• Make a flexible working request if useful.
• Bring a union rep or colleague to consultation meetings if allowed.
• If adjustments are refused or you are selected, raise a grievance and call the ACAS helpline.
• Speak to a solicitor before signing any settlement agreement.
• Ask the Shaman to map the steps and dates.

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