Reasonable request saga : Hi all, I’m just looking for... - NRAS

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Reasonable request saga

JLgee profile image
21 Replies

Hi all,

I’m just looking for some advice/to vent/cry.

I have colitis and palindromic arthritis. In March 2019 I asked my manager (#1) for help with my hours. She told me to keep it “unofficial” and she would try help me- I gave her at least 5 ideas and she said no to all. Told me in September 2019 if I wanted anything I’d need to submit a flexible working request. This was a farce! It went well over the 3 months even though whilst I was off with mental health issues after my 4th miscarriage i was chasing her for updates. In January 2020 I was sent to a different manager (#2) who said she couldn’t see why I couldn’t get what I wanted. Then as we know Covid hit- as we were working reduced hours I said we could put it on hold until we were working full shifts again. In July 2020 she declined my request. In September and October 2020 the appeal manager upheld the decline. Again he missed the official deadline to tell me this. I continued working until November when I had my 6th miscarriage and took time off. In January 2021 I was cleared by our health and well being team to return to work with addition Covid restrictions (although I’d worked through the first lockdown without any) however my new manager (#3) told me I couldn’t go back to work. I was then signed off by work until May 2021. In the May she told me that she could not accommodate my request in my current role but there was something she may be able to do elsewhere. It took her until August to finally tell me what the alternative role was- something wholly unsuitable. Our health and well being nurse recommended I do not work more than 4 days in a row and not before 9am. I currently work a 3 week roster always 7 days in a row with one week being 7am starts. She has offered me a role that is working 7 days in a row, outside, where I will be subject to extreme cold in the winter and is nowhere near a toilet with no option to leave until someone can come fill in for me. She does not seem to understand why this is not an option for someone with my condition.

In my current role she has said I am required to work my full roster and I can only work the hours recommended by health and well-being if one of my colleagues is off sick or annual leave.

In addition to this I have recently started new medication, which our health and well-being nurse recommended I have my roster reduced while I get to grips with it- again my manager said no and I am to work my full roster.

There are also 2 vacant roles in my current department in the lower level which I have asked to move to. I was told no.

I managed to work until day 6 this week and had to go home. I was run down, tired and in pain. I don’t feel I can go on like this much longer. My local union rep has been great but my managers have now painted me as blocking all of their suggestions to the rep the next step up although in 2 and half years they have made 1 suggestion and it just doesn’t work for me. There are now whispers off trying to ill-health me.

Does anyone have any ideas at all of who I can talk to or any rights I have? I can do my job, I enjoy my job, I just need the help to keep going.

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JLgee
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21 Replies
Deeb1764 profile image
Deeb1764

Mmmm I think you need to talk to someone like ACAS to check what can be done so you know away from the Unions/Management what should or should not be done, their website is a source of huge amount of info too.I also would wonder whether it is worth looking elsewhere for the work you do? It sounds very unreasonable not to allow some of your requests. Based on what you have written it sounds like you have put in writing your ideas but if not make sure everything you suggest is in paper form or email.

When looking at the job do you feel what you can do and the actual job can be worked to get a good result for all?

Are they stretched to get staff hence creating this wall of negativity rather than openess?

These are just thoughts BUT I always say if not happy at the place of work where you spend a lot of time then that is the time if at all possible to look elsewhere. It is important to be happy within your work as this affects everything health and wellbeing.

Big hugs as nothing worse than this at work. I am not too sure if much help but wanted to respond.

Dee x

JLgee profile image
JLgee in reply toDeeb1764

I have proved time and time again that the work required to be done can be done in the times I am asking for. They just want us in at a certain time to say there is someone in. I can do my job and do it well. I just need the help not to keep running myself into the ground.

Thanks x

Hi. Get in touch with your Union.. also read attached..

equalityhumanrights.com/en/...

JLgee profile image
JLgee in reply to

My local rep has been great. He’s fought for me but the next step up seems to be very much on the employers side. He has listened to their side of the conversation and takes it as gospel.

Thanks for the link

in reply toJLgee

Get HR to do an Occupational Health assessment. They have a legal duty to make ‘reasonable adjustments’ under the Equality Act.

Deeb1764 profile image
Deeb1764 in reply to

Yes mine did one and new job did one and its a great thing to get done and due to Equality Act they cant deny it either.

JLgee profile image
JLgee in reply to

HR have said that my manager doesn’t have to cover all of the recommendations made by occupational health nurse. They’ve almost covered the not starting before 9 as the role they are suggesting starts at 8.55. Because they’re covering that they are dismissing the no 7 days on part. I understand that. My major concern for is the colitis side of things and not being near a toilet or being able to get to one easily.

They’re saying they made reasonable adjustments by letting me wear trainers to work (which I had to fight for) and that they let me move my hours when someone is off sick/leave- which actually benefits the company.

in reply toJLgee

Read the link above and all it’s pages. You need to know the Law so you can argue the toss with them (via your rep).

sylvi profile image
sylvi

Get a lawyer darling. xxx

JLgee profile image
JLgee in reply tosylvi

I’ve contacted a local employment lawyer for some advice. Hopefully they can help.

Deeb1764 profile image
Deeb1764 in reply toJLgee

Good you need someone who will fight for your rights x

Callabag64 profile image
Callabag64

Seems to me like they are hoping that if they don’t play along , they hope that eventually you could leave, constructive dismissal !

JLgee profile image
JLgee in reply toCallabag64

I’m thinking this too. I’ve been with the company for 15 years and I’ve seen them help people playing the system time and time again. I’ve had a rough couple of years and need some help and get treated like this.

Sheila_G profile image
Sheila_G

I agree with what others have said. I am so sorry for your situation, as if you haven't got enough to cope with. It sounds to me like they are being purposely unhelpful so you will leave. You definitely need some professional advice. I don't know much about these things but would Citizens' Advice Bureau be any help? Good luck.

JLgee profile image
JLgee in reply toSheila_G

Thank you. I’ve contacted a local lawyer so hopefully they can give me some advice. My employer just can’t seem to see what they’re doing is wrong.

Red_robins profile image
Red_robins

Sounds very much like you are being 'pushed out' rather than them having to accommodate your needs. By law your employer has to provide a realistic 'reasonable adjustment' (Equality Act 2010). If they ask if you classify yourself as disabled I would answer yes because it naturally provides you with more rights (frustrating I know). None of the proposed options you have been offered by management are suitable given your situation and health issues, therefore they have not given you a 'reasonable adjustment'. It your union rep is not helpful, I would ask for a 2nd opinion. Maybe try showing them this message you posted because it's a good timeline and shows context. Don't be afraid to tell your union rep that you think management are 'painting you in a bad light' too, be honest with them, they're there to help. Otherwise, I would try getting advice from ACAS, CAB or an employment solicitor (some offer free advice for the initial phone call). Tell work that you are looking into your legal rights under the Equality Act 2010 (sometimes this is enough to make them back off). Also try going directly to your HR department to discuss your concerns with management. Don't give up because if they did dismiss you under 'ill health' then you'd probably have a good case for an employment tribunal under 'unfair dismissal'. No employer wants to go though that if they can help it. I went through something similar (I have chrons disease and inflammatory arthritis), eventually I had to go to the union which was enough for them to back off. After 18 months of asking I finally got my hours reduced permanently. Such an uncomfortable and hostile situation to be in I know but, please don't give up, you are only asking for what you are entitled too. It's perfectly reasonable! Good luck x

Amandajane64 profile image
Amandajane64

Companys these days dont deserve any loyalty the way they treat their staff. My hubby off with stress due to work issues, hes been off 8wks now and not one member of managment has been in contact!! He, like yourself has always been a loyal reliable worker and thats the thanks you get. Hope you get the help you need.🤗

Kerensa21 profile image
Kerensa21

So sorry to hear that: nras free publications do incredibly good booklets on employees rights, employers info and benefits, all on their website. Apologies if you’re already aware of them.

Leics profile image
Leics

I had a similar situation to you but in my case I had to realise that I wasn’t really up to working at all I was in a pretty bad way. I was eventually dismissed on ill health grounds and although I had been in my role for 10 years I felt that I wasn’t given any choice, it sounds to me like they’re being awkward to make you leave. It’s a pretty crappy thing to do but it was done to me and I worked in the NHS. In my case they would only change my contract which would make me bank staff so only on call and wouldn’t be paid unless they rang me which they wouldn’t have done. Make sure you get everything in writing and keep it. I would definitely use the disability rights act as well as equality. I have a stoma due to cancer in my 30’s so appreciate having to be near a loo. As others have said get a copy of your company’s disability policy and most certainly get some help from a solicitor that deals with workers rights etc. I wish you all the luck in the world but maybe time to look for another job they don’t deserve your loyalty.

Leics profile image
Leics

Oh just as an extra thought make sure when working hours or contracts etc are discussed that you have a witness which can either be a trusted colleague or a union rep if you have witnesses it’s more difficult for your bosses to lie.

Sops profile image
Sops

Sorry to read of this seems like discriminative behaviour to me, I had a similar time at work and asked for sn independent medical and needs.assessment. I was sent to a GP outside my area who specialised in this type of review for a thorough examination of my condition. He was employed by my company and I had no choice in his selection.I made a statement detailing my concerns and he made a full report outlining what I could, and definitely could not do. He was so supportive I cried. At last someone listened tested and understood.If I am honest, I think my employing company thought this ‘strong’ stance would be the end of the matter, but it was only the opening.

I was placed on a shorter week, equipment necessary for my continuance had to be provided and I was given a typist to conclude my reports I was not very popular with management but they had to grit their teeth and make the situation viable otherwise I would hAve contacted ACAS and a tribunal.

Hope this may help?

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