Morning to all! Have been a member for the last 3 years after being diagnosed with seropositive RA, osteoarthritis and recently Raynaud’s disease.
Has anyone had any experience of requesting a ‘reasonable adjustment’ in the workplace? What was the outcome?
I’m currently an online order picker (personal shopper) for a large supermarket, think ‘every little helps’. After being diagnosed, I requested the above and it was agreed I would only pick items from 2 of the 3 areas. I didn’t have to pick any chilled items, only ambient (tinned, boxed etc) and frozen.
Four weeks ago, after a change of Management,I was called into a meeting and told I would have to pick the same items as everyone else. At this point I reminded them I have a ‘reasonable adjustment passport’, to which the reply was ‘what’s that?’ Currently in a standoff with them. Union not much help. I struggle at the best of times and to be pulled up for not hitting targets (despite reaching them prior to the change) this is beginning to affect me mentally. At 61, I feel like they are trying to push me out the door.
Sorry for the long post and thank you for reading.
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Goldieandme
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Hi. I'm no legal expert but do know that employers have a duty to make 'reasonable adjustments'. Having a disability is what's called a protective category so they need to be very careful here or they could find themselves on hot water. A large company like that has far more scope to help than a corner shop for example, so a reasonable adjustment for them would be expected whereas the corner shop wouldn't be expected to do so much. You could speak to ACAS for advice acas.org.uk/contact. Good luck
Sorry to hear this is happening in your job, that doesn't sound right - particularly as you've had suitable adjustments to your duties already agreed and were working effectively and to target with those in place. It sounds like current management may not understand their responsibilities under the Equality Act (they should), so depending on your impressions and if they're open to discussion, it could be worth talking more to them about that and the content of your adjustment passport.
Saying that, I've experienced disability discrimination at a training provider (my employer, thankfully, has been much more supportive) so I understand just how stressful this can be. Some practical ideas that may be of help if further discussion isn't, especially if your union aren't supporting you much:
1. Document everything - all conversations, who said what, when meetings took place, who was present, when the adjustment you had in place was removed, what reason has been given for changing your work duties (this would need to be objectively justifiable and the change seems potentially hard to justify given that the adjustment you need was previously in place and working well). This will be invaluable for keeping track of the situation and if you need to raise formal or informal concerns about the situation at some point.
2. If you haven't already, ask your GP to explain that adjustments are required on a fit note so that the effect of your medical conditions in relation to work is medically documented. This would mean ticking the box 'may be fit for work taking into account the following considerations' and whichever of the options apply ('amended duties' sounds relevant from what you've written). They can provide further detail in the free text box if necessary. It would be worth finding out how your employer is justifying this change first, so that you understand their perspective and if this would put you at risk of being unable to continue in your role. If working in the chilled department is not viable due to your health conditions and management have a valid reason for not reinstating the adjustment you require (hard to imagine what that might be, but there may be one) then redeployment on medical grounds may be a possibility, if that's something you'd be interested in.
I'd ignore advice that is seeking extreme measures at this early stage because one persons reasonable adjustment is anothers extreme measure. Why not ask for a meeting and talk first? it may be that they really are at a loss themselves about what are reasonable measures. And also don't you have a personnel manger who can assist ?. I'd take to any discussion your medical diagnosis letters, a copy of your previous working agreement and then if nothing happens to improve your situation then look at going further. As you say this is a big employer and they won't want any bad publicity about working conditions for disabled or less able people so it might just be a bit of confusion with new management. I don't know how you feel about that but it might be worth exploring all the avenues open in a friendly way before taking them on. I wish you well as I shop there all the time and have always thought the staff seem really happy. Good luck.
Thank you for your reply. I have tried to resolve informally. The manager in question was going to check my file and get back to me. That was a month ago and still no answer, despite reminding them they are breaking the law. Unfortunately, no personnel manager as they scrapped that role a number of years ago. On a positive note, my colleagues are brilliant and quick to help if they see me struggling.
Poor manager he should know the law in terms of what reasonable adjustments are at work if you have Raynauds you need to look after hands gloves etc glad you have good colleagues peservere by educating this manager and as others said document everything
Sorry to hear this is happening to you. I'm sure reasonable adjustments are part of the Equality Act. If its a large company it might be any idea to ask for an occupational health assessment. if you've not already. Good luck.
Sorry to hear you’re struggling with your employer. Reasonable adjustments is a difficult area, occupational health can recommend adjustments, but it is up to the employer to decide if they are “reasonable”. I had a situation where OH recommended reducing hours, my direct manager said brilliant idea, and pushed to reduce to 3 x 7.5hr shifts rather than 3 x 12.5hrs. Despite my managers support, the senior management refused, stating it would set a precedence, with all ward sisters wanting to reduce their hours, this was despite reminding them I fell under the equality act, as confirmed by the OH Dr.
My union rep was incredible and said we should take to tribunal. Unfortunately whilst this was going on I suffered a severe stroke , at age 52. I was advised by the consultant to avoid stressful situations, which included giving up work, as although I recovered well physically, my memory was badly affected. So I didn’t proceed with the tribunal, and took ill health retirement instead.,
This sounds like a manager who’s not familiar with the law. You could approach their manager and discuss your concerns. Also ACAS is a good point of contact on how to proceed. Hope you resolve it soon 🤗
sorry to hear this they are in the wrong I agree with what everyone is saying it’s a disability and you have rights they are out of order . Get in touch with citizens advice just mention the word disability to your employer. I was a picker for large clothes company and they helped me a lot as they knew my rights good luck
Sorry to hear you've had a tough time. I don't know what the legal standing is, but large companies should have occupational health to deal with these things. Mine were brilliant and got me set up with lots of equipment and formalised home/flexible working arrangements with my line manager (though I work for a University which tends to be accommodating and flexible anyway). I was advised to stress the worst case scenario as to how well I would function during a flare up, even though I've not really experienced that level of impairment yet.
Hello I had an experience like this many years ago when I was told that I would have to find another job in the organisation and I had 3 months to do this. Most jobs were at a much lower pay grade and I realised that what they were doing was against the Disability Discrimination Act and the Equalities Act and that I should be given reasonable adjustments. I wrote a very comprehensive letter in explaining my position and suggested some reasonable adjustments. At this point they changed straight away and worked with me to find ways that meant I could stay and do my job,. I told them in the letter that I was a very reliable worker rarely had time off and made sure they knew they were discriminating. In your case do get medical information from your GP and information about the Disability Discrimination Act and write it all down then they would be unwise to ignore it. The new manager may just not be aware of the implications of discriminating. Include the fact that it has been working well previously and that other members of your team are happy with how you had been working previously. There is a NRAS leaflet on work that you can order. You could show them this. I really hope this works out for you
When first diagnosed my boss took me aside & asked what help/adjustments I wanted. I work in an office, so sit on my bum all day. That meant all I really needed was an electric stapler, so that the poor soul who sat next to me didn't have to keep doing my stapling for me. My boss went away & scrounged one up for me straight away. Obviously, what I needed wasn't a lot, or much of a problem, so probably not representative of most workplaces.
As an aside have you tried the "disability discrimination" card on them? That's big bucks if you end up taking them to court. Keep notes of everything said or done. Perhaps open up a case with ACAS before you even go down the track of raising a grievance.
Hello, I have a very similar situation going on with my Employer at the moment, they're a large organisation who let's say, should know and do better but the reality is due to poor trained and incompetent Managers (all the good ones got out years ago) that haven't got a clue about Employment Law situations like this keep happening. My Union were completely useless again they haven't got the power they once had so the first time they did it to me I fought it myself after researching E.. They've now tried it again, I managed to get 30 mins free advice with a EL Solicitor as even though I know what they are doing is wrong I wanted to check where I stood legally. If you Google EL Solicitors in your area you may find some thst do the same if your union is not very helpful. Scope has a forum as well with others that have been through the same thing plus as well contacting ACAS. I don't want to put the full details on my situation on here and what I'm doing about it but I'm happy if you want to PM me for details. 😊
Good Luck it's a stressful and totally rubbish situation to be in for those of that still working and want to work too. X
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