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Need some advice for my OH. He has been given support from his employer for his arthritis for 2 years now. Recently he got Access to Work into his workplace to make an assessment for support because he felt that the support that his employer gave him is making condition worse. AtW said that the aid that my OH was using would make his condition worse and suggested alternative support, which is being completely ignored by employer and they are not given the same support that he had before AtW assessment

 

 

 

He has also been asked to go to area to work that AtW said would make his condition worse.

 

What should he do regarding this as he thinks now that firm wants him to leave, but he likes his part time job and is very good at it. Any advice please on how he should go about getting back the same support that he had before AtW as he know the firm will not give him what AtW recommended despite the firm being able to afford it. :mad2:

Any ideas on how he can get the support back before the AtW assessment.

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I very much fear that, if I understand what you are saying correctly, you can't have what you want, which is to turn back the clock. Assuming that his condition qualifies as being sufficiently serious to be consdiered disabled under the DDA, he would have to submit a grievance, appeal if necessary, and then start proceedings for disability discrimination at a tribunal. It seems to me that if things were ok-ish before your husband contacted Access to Work, then this action may have prompted the employer to believe he was preparing to make a claim anyway. They are reacting in a ham-fisted way (and quite stupidly if they want to defend such a claim) - but I cannot see how you could turn back the clock at this juncture as it seems, from what you say here, that battle lines are being drawn.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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  • 2 weeks later...

How long is 'reasonable' for an employer to change a chair for a disability worker.

The access to work assessment report was received on middle of September for an Ergonomic chair costing £350.00.

The company is large with CE earning over million a year. So they are not struggling.

 

Todate no chair has been purchased are the employers in breach of DDA.

The AtW was recommended by employer and my OH completed all the paperwork and arranged with the AtW to make the assessment. It seems the employer is not even acting on their own recommendation either.

Edited by DJ2010
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If this is a large company, do they have an Occupational Health [OH] department? Or would they refer him to an independent consultant? When I saw a specialist about my back problem, he told me to see if could get OH on my side because they can be a good ally.

 

I don't know what counts as 'reasonable', but as it isn't written down, then everyone can make their own interpretation. As SarEl says, if your OH is covered under the DDA you need to start mugging up on the Act and seeing where the employer might be going wrong with a view to starting a grievance. You could try the EHRC [equality and human rights people] who have a good website and a helpline, from memory. They could give you some guidance. Otherwise, ACAS might be able to help.

 

I'm sure we had another cagger asking about AtW and an employer not implementing them and I believe the answer was they don't have to. The fact that they asked AtW to come in isn't logical if they're going to ignore the advice, but I don't know if they're duty bound to accept recommendations.

 

I hope some other forum members will comment later.

 

HB

Edited by honeybee13
Duplication. I'm an idiot.

Illegitimi non carborundum

 

 

 

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This may sound stupid, but I will say it anyway, can your OH buy the chair that will help him, himself. I realise the employer may have a problem with that but if it keeps him working and they don't mind then problem solved. Then perhaps they would pay the bill retrospectively and if they didn't then at least that is evidence to show a ET that he took the AtW recommendation seriously and the employer's unreasonable attitude was indeed discriminatory. Further if his condition is worsening because the equipment is not right that is potentially actionable....... having said that the medical evidence would need to be very clear as with a degenerative condition any deterioration may have happened in any event.

 

Personally I would ask for a discussion with management to try and sort it out and offering to buy it himself may show that he is just trying to stop his condition getting worse.

 

You have my sympathies arthritis is very panful.

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