I can't really comment on your allegations, but in so far as being "covered" by the Equality Act, you need to understand that this is entirely meaningless. You are a mobile engineer. They have said that they won't force you to deal with certain tickets at greater distances. That does not mean that they must give you work closer. It means that if they cannot reasonably adjust the business to cater for your requirements, they can dismiss on capability grounds.

Emmzzi pointed that out to you previously, but don't lose sight of that fact. Being disabled gets very little protection, and that is commonly misunderstood. And also, by the way, none of the people on that list can tell toy that you fall insert that "protection". Not a doctor, not ACAS, not counsellor... Only an employment tribunal can come to that conclusion in law. Until they do, anything anyone else says is a best guess - unless you have cancer or heart disease, which automatically count.

If you are found to have a disability an ET needs some simple questions answered

a) are you able to do your job, with or without adjustments?

b) if you need adjustments, are they "reasonable", which as already covered will vary by business and the burden the adjustments impose upon them

If you plan on going to court I would prepare your defence on the reasonableness of the adjustments required, and have clearly demonstrated to your employer, and got an audit trail to support that, showing there is minimum disruption required to their business to accommodate you.

Can you do that?

Damn, I had a huge reply written out, and got logged off.... I'll reply later, but the bottom line is YES to both.

Right. Here goes….

To the point of me being able to do the job, is yes. In fact, from the latest “data” that my employer has supplied, it would appear I don’t actually require “reasonable adjustments” to do my job. Just a stop to the harassment and discrimination.

To explain. I am part of a team of engineers. The job description says we do four “roles”. I’ll call them Role1, Role2, Role3, and “tickets” for sake of argument. We are, by definition, supposed to be doing a proportion of all these mixes of jobs.

From the data supplied by my work, it clearly shows that I am being excluded from Job1, Job2, and Job3. I am EXCLUSIVELY being used for “Ticket” jobs only.

Example:

Engineer 1: 80% Role1,2,3 – 20% Tickets.

Engineer 2: 71% Role1,2,3 – 29% Tickets.

Engineer 3: 94% Role1,2,3 – 6% Tickets.

Me: 0% Role1,2,3 – 100% Tickets.

I would point out, that these engineers are located near me, have far less experience than me, and are far less qualified than me. BTW, ticket calls are the more menial jobs.

Geography isn’t relevant, because, as my employer states, these are engineers covering the same area as I am.

So, what is happening is the rest of the engineering staff are doing a reasonable mix of tasks, while I am exclusively being used for the most menial tasks. This is no longer “speculation, hearsay, or me being a grump.” This is drawn from data supplied by them.

It is also clear that I am driving much more than the other engineers. I’m doing about 35-40,000 miles per year, while they are only doing 25,000 or so.

So…

Firstly, the “Reasonable adjustments I have asked for are a reduction in weekly mileages. And a reduction in ticket numbers.

They claim that these “reasonable adjustments” have been in place since June 2017. Which is blatantly false, as the issue was only formally raised in April 2018.

The bottom line is, if I was treated in the same manner as the other engineers, I would easily do the job.

So you can lodge a grievance and if it is not resolved well, off to an ET

What I cannot do is make your managers behave decently.. only deal with consequences....

oops PS - IF the ET agree you have a disability. Which is not certain. Because you seem to BE doing the job with no adjustments....

Thanks for the reply.

I think the latest thing I've picked up on is the fact how much discrimination has occurred. The:

Engineer 1: 80% Role1,2,3 – 20% Tickets.

Engineer 2: 71% Role1,2,3 – 29% Tickets.

Engineer 3: 94% Role1,2,3 – 6% Tickets.

Me: 0% Role1,2,3 – 100% Tickets.

Clearly shows that there's discrimination going on.

I also have a whole lot of ammunition for (I'm trying to think of the technical terms for it....) LIES?

For instance:

They claimed I had sped 133 times in the space of a month (What they had actually done was take my tracker information, and multiplied it by 1.2 and pasted it into a spreadsheet so For instance, 70mph showed up as 84, etc.)

Claimed I'd crashed the company car, failed to report it, then crashed it again.

Sent my details to Yorkshire Police, claiming I was the driver of one of their vans (BTW, I've not been to Yorkshire for about 25 years, and never drive their vans)

Made repeated attacks at both me and my wife (Don't ask me how she got involved in this matter) in front of Union reps.

And that's just the tip of the iceberg.

You couldn't make this up.

This has been going for for over a year. You have no certainty that you have a disability and they seem to really really not like you.

Why are you still there, complaining, instead of leaving and going somewhere else?

No but seriousy, WHY? It sounds insane.

I'd have to add. There may be discrimination going on. But I'm not seeing any evidence it's unlawful discrimination. Giving you the "menial jobs" isn't discrimination in legal terms. And referring to them as menial jobs or commenting about your colleagues lack of skills of experience may be true-ish, but it comes across horribly and arrogant, so I'd pack in that argument while you are ahead. If the employer decides that you will do just one aspect of a wider job description, they can do that. It's their business, their job. They aren't changing the job. They are focusing it. And there's no law that says that work has to be shared out. So in all that you have evidence of nothing other than the fact you are p'ed off.

As for the "lies" - what is your union rep doing about that? Surely they can do more than is here? What is it you think you're going to get here - because they may not be nice, but there's no law against that!