Employment issues regarding failure to make reasonable adjustments

[tink1977]

Hi,

I'm not sure if I am on the right area to ask for any help or advice following a long period of sick leave from work and issues regarding failure to make reasonable adjustments. Going through he'll with my employer at the min and can't seem to find any advice.

 

Thanks

[postggj]

Been through this myself

 

There is no automatic right for an employer to make reasonable adjustments, only a duty.

 

Reasonable adjustments need not be expensive, and the employer is not required to do more than what is reasonable.

 

Reasonable depends on the size of the company and any economic fators in making any reasonable adjustments.

 

If the employer is aware of your disability and does nothing proactive to support your working conditions, then you are entitled to bring a claim to an Employment Tribunal

 

Reasonable adjusmants are only reasonable providing it is reasonable for your employer to make..

[Emmzzi]

Hi, yes you are in the right place. What adjustments do you need, who has recommended them, and how many employees does your employer have?

[phaitun]

I am going through the same thing at the moment, loads of information on equality act. the PCS union site and ACAS sites have good information as does baiili.

 

I work for a public body and there are extra duties placed upon those bodies. some interesting cases have just been decided at the European court also.

 

there are lots of binding cases that have been decided at employment appeal tribunals which have set numerous precedents in law.

 

I keep finding more and more examples of employers discriminatory acts the more research I have conducted. other sites such as XpertHR also have some examples

 

note to mods I I hope I haven't broken any rules by mentioning other sites? if so please advise.

 

IMO the OP would gain valuable information from perusing these and other sites

[Emmzzi]

IMO the op needs to give more information to get proper advice

[phaitun]

I agree, please provide more information that would allow the more experienced caggers to assist.

 

I have had advice from my union rep which has been great, but through my own research whilst off sick this past month has proved invaluable in identifying other incidents and acts of discrimination that at first glance seem to be acceptable. Once you understand the Equality Act you will feel less intimidated by bullying bosses and their terrible approach to disabled employees.

 

in my experience

[tink1977]

Hi

 

Thanks for the responses. I have been off work for 28 weeks following a shoulder injury. I work in a laundry in a nursing home. It's 45 bedrooms and I work alone on a 7 on 7 off basis. I began to suffer problems and my employers were less than helpful so I came out of work on sick to try and find the cause. It is believed I have a condition called thoracic outlet syndrome but has not yet been confirmed as I am waiting on neurologist app to confirm this. I am also under the chronic pain team, physio, shoulder specialist. I have recently qualified for low rate dla due to the condition that has been ongoing for 2 years and doesn't look set to resolve any time soon.

 

I have always wanted to return to work as chronic pain has already taken so much from me. I am desperate to retain my independence. Work seemed happy to allow me to come back until I submitted my fit note. We had discussed a phased return doing 5 full shifts out of 7 but I explained to my employer this would depend if the doctor would agree to this straight away.

 

The doctor wouldn't agree to this as she felt it would be detrimental to my recovery and advised 7 shifts doing 4 hours a day to begin with. Bear in mind that all the time I have been off there has been nobody covering my sick leave it has been other members of staff putting laundry in as and when. I was told that at least being in 7 days would mean that the laundry was staffed each day and that they couldn't see it being a problem,

 

I returned to work to be met at the door by the boss who asked me to come in to the office for a "little chat" that's when she explained that she wouldn't agree to this as she couldn't get cover for the remaining two hours of my shift so she sent me home. Even though the laundry wasn't staffed that day and there was an outbreak if d&v in the building.

 

What I also couldn't understand was that 2 employers have been allowed to drop their hours over ill health but I was only asking for a reduction in hours for a phased return and not permanently.

 

I was now employed without a wage as my ssp had run out and they wouldn't let me back. I consulted the law centre who put me in touch with a solicitor who said that she believed I may have a case for discrimination and faliure to make reasonable adjustments,

 

There's much more to say but I don't want to appear as I am waffling

[Emmzzi]

The solicitor is correct. Put the request for a phased return in writing and ask for a written reply. This signals that you are gathering an audit trail and may make the employer think again.

[phaitun]

seems to be a clear case of them failing to make adjustments, going against medical advice is frowned upon. have they suggested any alternative work that may not aggravate your condition?

 

it has been found at a tribunal appeal to be reasonable to move an employee into anothers role to keep the disabled employee in employment.

 

the scope of the act is quite extensive and case law has made inteteresting reading. you will be surprised at how far employers have to go

[phaitun]

does the employer have a grievance procedure?

 

do you have a union rep?

 

have you submitted a formal request?

[tink1977]

Hi

 

Thanks for the responses. I have been off work for 28 weeks following a shoulder injury. I work in a laundry in a nursing home. It's 45 bedrooms and I work alone on a 7 on 7 off basis. I began to suffer problems and my employers were less than helpful so I came out of work on sick to try and find the cause. It is believed I have a condition called thoracic outlet syndrome but has not yet been confirmed as I am waiting on neurologist app to confirm this. I am also under the chronic pain team, physio, shoulder specialist. I have recently qualified for low rate dla due to the condition that has been ongoing for 2 years and doesn't look set to resolve any time soon.

 

I have always wanted to return to work as chronic pain has already taken so much from me. I am desperate to retain my independence. Work seemed happy to allow me to come back until I submitted my fit note. We had discussed a phased return doing 5 full shifts out of 7 but I explained to my employer this would depend if the doctor would agree to this straight away.

 

The doctor wouldn't agree to this as she felt it would be detrimental to my recovery and advised 7 shifts doing 4 hours a day to begin with. Bear in mind that all the time I have been off there has been nobody covering my sick leave it has been other members of staff putting laundry in as and when. I was told that at least being in 7 days would mean that the laundry was staffed each day and that they couldn't see it being a problem,

 

I returned to work to be met at the door by the boss who asked me to come in to the office for a "little chat" that's when she explained that she wouldn't agree to this as she couldn't get cover for the remaining two hours of my shift so she sent me home. Even though the laundry wasn't staffed that day and there was an outbreak if d&v in the building.

 

What I also couldn't understand was that 2 employers have been allowed to drop their hours over ill health but I was only asking for a reduction in hours for a phased return and not permanently.

 

I was now employed without a wage as my ssp had run out and they wouldn't let me back. I consulted the law centre who put me in touch with a solicitor who said that she believed I may have a case for discrimination and faliure to reasonable adjustments.

 

I then went back to my work place and explained that this is what I had been advised but I desperately wanted to sort it out between us and not go down a legal route. I was told they still wouldn't agree to the first fit note and that she had checked with her solicitor and disability didn't apply to them it was just something that gave me extra money each month. She then said that if my employer would agree to 5 full shifts she would look into it but it had to be stated in full on my fit note exactly what the doctor required and that I was to also send in a covering keep tater with this second fit not stating exactly what I could and couldn't do and what I believed would help me back to work and she would consider it.

 

The second fit note stated as requested no more than 4 full shifts over 7 even though my doctor wasn't happy she understood my need to go back to work. My covering letter explained that withou coming back it would be impossible for me to determine what I could and couldn't do and gown much pain I would be in.

I asked if the night staff could do any of the clothes that came down in the night where possible, but that I understood that this would not always be possible due to situations that can arise in the night.

I asked that washing instructions be placed on the wall for all staff to see, to avoid damage to people's clothes and to ensure items were washed at correct temperatures to avoid contamination.

I asked for steps to reach the top tubs but was advised that due to possible falls etc this could not be considered.

 

The letter I received back was that they would agree to this phased return and that they would put into practice the small adjustments I had asked for as until it had been put into practice the couldn't ascertain if it would work in theory.

 

I went back for my first shift and was oromptly called into the office again. This time I was told that I would need to ring the staff member who worked my opposite 7 shifts as she didn't want to work my weekends etc. I was told that my phased return would have to accomodate the hours she wanted to cover and my return would have to fit round this. I ended up doing 2 on 1 off and 2 on and my phased return being over 5 days instead if the 7 requested by the doctor.

 

I went into the laundry, no instructions had been placed on the wall and no help had been given by the night staff as requested.

 

I have since been forced to come off work again as not allowing adequate time between shifts and not being given any help and the day off between shifts not being covered properly which resulted in double work load on my return meant I overworked myself due to panic and fear if them thinking I couldn't do the job and ended up causing my shoulder to be to painful for a few days.

 

This is when I was advised by both my solicitor and the equality advice people that I would have to raise it as a grievance for failures to make reasonable adjustments. Which I have done.

 

My hearing is on Wednesday. The two staff members I had asked to accompany me have since told me they won't come in with me and my solicitor has been as much use as a chocolate tea pot. He's told me I have no choice but to go in unrepresented as I am not in a union. He's also told me they can't asses the strength of my case until they know the outcome of the meeting. I was basically advised to do this and have now been left to face the wolves alone.

 

I'm terrified and have spent the past 2 days in tears. I am thinking if just quitting and walking away because I honestly do not know what to do.

 

Quite long winded I apologise.

[tink1977]

Sorry I didn't realise I had submitted the first part already. But that's the rest.

[tink1977]

Phaitun

 

Yes the work place has a grievance procedure, I believe I have now followed what I am supposed to do. I tried and failed to sort this out informally. I have since then raised it as a formal grievance. No I am not in a union. I wasn't even aware I could join one until I read my response which said that I could take in someone from work or a trade union representative.

[Emmzzi]

You have done the right thing. Just keep calm and sit tight. Write down your requests asnd what actually happened to take with you.

[phaitun]

you could record the meeting covertly, it is best to go to it.

my employers did the same to me,

 

one meeting turned from a welfare meeting into a disciplinary type situation. there were no minutes taken in this meeting. the second meeting i asked for representation or a postponement for my rep to be present and they refused.

minutes were taken and have been provided to me. they mirror my complaint however are written in a way that seems they werenice.

 

the minutes have shown their discriminatory attitudes and provided further evidence of discrimination. it is important to have someone with you or record the meeting IMO

[phaitun]

start to keep a chronological file of events, meetings, incidents etc as it seems they either do not know their statutory duties or are relying on you not knowing your rights!

 

keep records - they will become invaluable!

[Emmzzi]

Discovered recording can lead to sacking for breakdown of trust. Not a good idea to do it covertly.

[phaitun]

ok, I agree with emmzzi (I didn't know it was sackable)

 

ask that it be recorded overtly for the sake of clarity as you really want to sort out the situation amicably however without representation from a union or work friend you are at a disadvantage. you want to be sure that your records provide a true account of your experiences with the employer

[tink1977]

I have kept all correspondence to all meetings. Funnily enough I never received any minutes in response to the meeting I had relating to the first fit note in which they sent me home. Can I ask for this as she had a witness in there with her? At the time I didn't know it was going to turn into a meeting as I was just told to come in and have a "little chat"

 

Also the first letter I received was a letter inviting me in to see how they could aid me in my return to work. All the possible adjustments they could make we're in this letter but they didn't put in things I mentioned about staff bullying that had happened to me prior to going off for 28 weeks.

 

These included having laundry thrown at me, people ignoring me, refusing to move so I could get my trolley past them.

 

Just recently since my return I have also been ignored, been told by a staff member that she was told to stop talking to me and just yesterday I was told that I had been the topic of a staff room discussion relating to me never actually wanting to come back to work and that why would I when I can sit at home and get paid. Wouldn't mind but I haven't even been paid for hearl 4 months now.

 

My solicitor has advised me to bring this up also but I don't know if I should as the equality advice people and my solicitor advised me to write my grievance based in failure to make reasonable adjustments which i did.

[Emmzzi]

Keep the bullying seperate and just focus on adjustments needed for now.

[tink1977]

Yes that's what I thought. There's so much going on but to bring it all up I feel I would just lose sight of the most important bits which was their failure to help me come back to work. I was just going to take a copy of my grievance letter in with me and letters in which they have acknowledged my requests for adjustments. I believe I don't have to answer difficult or uncomfortable questions. They were given permission to view my medical records and never did.

 

I was just going to present those questions on my grievance to them again and then not say much more? All I ever wanted to do was return to work. I don't like it much but it's a job and its my independence.

[tink1977]

The one thing I am afraid of though is because its a small company the person conducting the meeting is the one that's failed to make the adjustments and the person that will conduct any appeal is her mum!!

[phaitun]

it's a hard decision to make a stand against bullies, you will have moments of self doubt and uncertainty.

at the end of the day you are protected by law, it is important that you understand the law and how your case fits.

 

then you can make a decision as to whether it's worth fighting for

[phaitun]

I think it would be wise to deal with the questions on your grievance plus I would hand the chair of the meeting a typed formal request for reasonable adjustments.

 

let them know you have been recieving legal advice and that you are seeking a mutually acceptable solution,

 

you want to return to work

 

they are happy to have you back

 

between you it's the conditions of that work that nerd to be sorted.

In a polite manner point out that you have been advised that your requests are more than reasonable, point out the others who have an amended schedule due to disability or poor health

[tink1977]

So, since Friday I have found out that even if I am not in a union as long as I can find someone who is an accredited union official and they would be willing to come in with me then this is acceptable during a grievance.

 

Found a union rep who is willing and able to come in with me but due to his own work commitments he cannot attend before 3.30 on any day. I put this in writing to my employer and explained this and asked if we could alter the time of my meeting from 10.30am to 4.30pm and also explained that several people from work had refused to come in with me due to feeling uncomfortable. I explained that if this time wasn't convenient then to leave me a voicemail or I could be reached via email or letter. I explained about his work commitments meaning any meeting old have to take place after 3.30 to allow for me to be accompanied.

 

Work leave me a message stating that the time is not suitable for them tomorrow or Thursday or Friday and that she has proposed a meeting next Wednesday at 10.30am.!! I honestly give up. I couldn't have made myself any clearer with regards to representation and times. They have failed to arrange a suitable time within 5 days if the original meeting as it states they are to try and do.

 

Where do I stand now?? I believe this is pushing me down the constructive dismissal route. I have lost my tax credits, I have not been paid for 3 months, I don't qualify for ssp anymore and I can't claim ESA because i am still classed as employed and apparently I haven't earnt enough national insurance contributions. I have a family to support and no idea how to do this.