Reasonable Adjustments

[scousegeezer]

Hope someone can help quickly.

 

My question is - what is a reasonable amount of time for reasonable adjustments to be made by your employer. Sorry for sketchy details, but I do not want to put anything on here that might be seen to be influencing anyone's answer. Once a definition of a reasonable time has been put on here I will explain a little further.

 

Thanks in advance. - Scousegeezer

[chesham]

Do you mean for disabilities?

 

If so, then it is dependant on what adjustments are needed. Unfortunately, disabilites are so varied in both nature and severity that it will be easier for a few desks to be moved for a less mobile person than constructing a wheelchair ramp next to the staircase.

 

There is no guidance or specifical "law" on the time frame, it's all rolled into one piece of legislation - and this covers everything from providing a screen magnifier to installing a stairlift!

 

I understand why you don't want to give too much detail, but I think you may need to just post a bit more information so that you can get a general idea of what others' opinion of reasonable is.

[scousegeezer]

Chesham,

Thanks for the quick reply.

 

The reasonable adjustments are for disability and they are - a specialiost chair and a rise and fall desk.

 

I have been in position for six months and the employer knew of the requirements two months prior to my taking up the position. To date they have still not been supplied and is causing me a lot of pain sitting in a chair not fit for me and having to sit all the time because I do not have the rise/fall desk.

 

Scousegeezer

[chesham]

In that case, I would say that 6 months is unreasonable unless the adjustments are quite complex, or the expenditure is excessive. However, chairs are not hideously expensive and can be purchased relatively quickly.

 

Can you take it up with your line manager? Or a HR person? My advice is to approach it first of all in an apologetic yet firm manner and express how grateful you would be if it could be reviewed again as it is causing you pain in the current environment.

 

Give it two weeks, and if no joy, then bring it up again in a polite but firmer manner.

 

On the third attempt, use your companies grievance process to address the issue in a more formal way. It shouldn't get this far, but this is a process by which you are entitled to use and the company are obliged to take action.

[scousegeezer]

Chesham,

I have already done what you have suggested and hjave submitted a grievance on Wednesday. None of the "bosses" have spoken to me about it. In the grievance I stated that the time delay is unacceptable. I am now in a position whereby I am thinking that I canot go to work due to the additional pain that I am in whilst at work, due to sitting down all the time. This is unavoidable due to the desk not having been supplied. I am also aware that they were taken to Tribunal in the not too distant past, by someone who required a specialist chair. They did not supply it and that person left the organisation and took them to Tribunal and they settled before the hearing. From what I know he was not as patient as me and only waited a couple of months before leaving etc.

 

Cheers - Scousegeezer

[chesham]

Apologies, I did not know how far you had taken it.

 

I would give ACAS a call now, they may be able to help mediate between yourself and company, whilst giving you some much needed support. At the end of the day, you have made a request as you are entitled to.

 

Acas - Home

[Bigredbus]

'Reasonable' isn't define by the DDA and ultimately it is up to the courts to decide... as every case is different. However, it does set four steps of reasonableness:

a) The effectiveness in preventing disadvantage,

b) The practicality of the step,

c) The financial and other costs and the extent of any disruption caused,

d) The extent of an organisation’s financial and other resources.

 

You should contact the 'Access to Work Team' (they offer help to both disable employee and employer in terms of advice and support with extra costs that arise because of individual needs)...

 

You need to remind them of their legal obligations.

 

If you intend to bring a case before a tribunal, the judge would not be impressed by their failure to provide adapted equipment and moreover, that a similar case has been settled out of court in the past...

Edited February 19, 2010 by Bigredbus

[scousegeezer]

Thanks for the replies Chesham/Bigredbus.

 

I am minded towards the tribunal. Reason being is that the "bosses" have ignored me since I submitted the grievance. On Wednesday when I submitted it, I was suddenly advised by my team leader that a rise/fall desk was available to use on the first floor. This was because the user of that desk was off this week. However they did not invite me to use that desk , although they knew it wasnt being used, until after the grievance went in. Even then one of the "bosses" spoke to my team leader and told him to inform me that I could use the available deks. The available desk is right in front of one of the "bosses" desk. So I have used that since Wednesday. The boss that I have been sitting by still did not speak to me about my situation. Tonight I have left work not knowing what will happen on Monday. No-one has mentioned anything to me. However, because I have been basically sitting doen for the last six months, the pain in my lower back and legs has been greatly aggravated. I do not feel that I can go into work on Monday to face goodness how long sitting down. There has not been any communication at all really. We are so busy at work and with the extra pain I get home at night and I am completely drained. At week-ends I just chill out and try to recover. I took last week off just to get some respite from all the pain. The body I work for is a Government body, so money doesnt come into it at all really. I just feel as if I am being forced into leaving. Not that they are consciously making an effort in that direction, but by their neglect of their responsibilities in law. They dont seem to realise how important adjustments are for people with disabilities.

 

Thanks for the help.

 

Cheers - Scousegeezer