I'm experiencing issues with my employer in actioning a reasonable adjustment suggested by the DWP into place. OH, and management agree it is a reasonable adjustment but the Estates and Facilities are refusing to action it. The adjustment is to be allowed a guaranteed parking space near the uni to allow me to arrive 9-9:30 and park. All spaces are gone by 8:30 usually. Estates say OH have used all their parking permits and won't listen to them. I work for a university with over 2000 employees, there are 3 permits! Any suggestions? Thank you.
Unreasonable response to a reasonable adjustment - PMRGCAuk
Unreasonable response to a reasonable adjustment
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Daisy-daisy
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38 Replies
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Are you in a union? I also work in a university and have found my union rep very helpful and supportive.
Anyway, isn’t refusal to give reasonable adjustments disability discrimination?
I would say so. DWP say they can suggest a reasonable adjustment but can't enforce it. Estates rule! I'm going to contact the union today.
Yes, get the Union onside asap. Also have you told HR yet about the power struggle between OH and Estates? They may be unaware and they will be the ones who have to deal with any forthcoming grievance/claim so may be rather keen to sort it out....
Good point, HR are aware as involved formerly (when I did eventually get a permit, but had to hand it back before Christmas).
Oh, even better. So they accept it is a reasonable adjustment and actually gave you a permit then took it away again for some arbitrary reason. I'd love to see them defending all this at an Employment Tribunal!
They will argue that was as a result of a total hip replacement, not pmr. Thanks for advice.
I wish you luck. I had several reasonable adjustments suggested many years ago when I worked in a uni. 1 out of 6 was implemented and made it impossible for me to continue working. It was for different issues than pmr. Get as much support as possible from union and hr, though I must say they were both as much use as a chocolate fireguard in the final analysis!
Daisy-daisy in reply to
Oh dear...
in reply to Daisy-daisy
Water under the bridge now.... They were lucky I was too ill to take action 😂
Do you and/or OH have PMR or GCA? I see by a previous post that you are on Pred and have had a hip replacement, but are you currently being treated for PMR/GCA? If yes, perhaps the GP can provide a letter to explain from a medical perspective why this is required.
Yes had PMR for 5 years. Also had reduced hours cert last semester for hip recovery and PMR. OH agree I should have it be seem powerless against Estates. Tail wagging the dog.
A campaign. We had the same issue when I was working, in HR. Convenient parking is such a contentious issue. First step is to take it to a senior manager in your chain and they should talk to a senior manager in the Estates dept. This is a requirement under law as you know. When we dealt with this issue we found that parking privileges had been given to estates people themselves. Everybody needs to stand their ground on your side. We won in the end, it was a bit of a bloody battle. Spaces must be set aside for people with mobility problems. If Estates don’t watch out they will have a constructive dismissal, on the grounds of Disability Discrimination to deal with - unlimited compensation.
Thank you. At the moment in refusing to go in until they sort it. Have emailed the union.
Agree with everything SheffieldJane has just said, keep notes. The fact is they've already agreed it is a reasonable adjustment. The potential for a constructive dismissal claim, on the grounds of Disability Discrimination has unlimited compensation as SJ said. That will (should) scare them into compliance. Hopefully your Union will help soon.
No not refusing Daisy-daisy “ unable to to go to work” important distinction - keep notes for a potential grievance case. Courage!
Do you have a blue badge? If so they could designate you a space under the disabilities discrimination act. If not you could email ACAS for advice?
Yes thanks... I think employers rely on us just sliinking away...
Yes and a lot of people certainly do - which is understandable tbh as they don't want more conflict/stress.
I wouldn't get a blue badge as I can walk. What I can't do is get up a 5:45 in order to do all I have to do to get me going in the morning, commute in and be there before the car park fills up before 8:30.
Which is exactly why they've agreed it is a reasonable adjustment! Good luck and keep at them.
I am a union rep, but not giving feedback in that capacity. Once an employer has notice that a reasonable adjustment is required, they have to in law implement it, unless they have a strong business case to not do so. An example would be a small firm having to put a lift in their premises.
In a case such as yours there doesn’t appear to be a strong business case, so it’s really up to HR to enforce that the adjustment is made. It’s not for you to fight for it, and it’s important that they understand that stress is a contributing factor in PMR and GCA. The union should provide support, and the first thing would be to raise a formal grievance, for failure to make reasonable adjustments to the workplace under the Equality Act 2010.
I wish you luck, I must say my employer has been amazing and have granted me everything my Occ Health report has suggested and more. It’s difficult enough living with PMR and GCA without having to fight to be able to work
Write to your the HR director. Explain your illness and its limitations in a plain, neutral way and how much a guaranteed parking place would help you continue in your job to the best of your ability. Good luck.
Suggest to Estates that if they do not comply with the request from DWP they are going against fair and equal working rights for those suffering from Illness Disability.
Explain that you don't want to put in a complaint to the Chancellor's Office and report them to DWP and would prefer it if they just took the appropriate dispensation and gave you the correct Parking Permit , but , if they don't give you a guarantee that you will receive your permit by the end of the day and have it ready for your use by the end of the working week you will have to report them. A firm , professional but friendly tone works quite well in these " chats".
They should back down , but if they don't follow through with your threat , contact the Chancellor s offices and / or University Disability Officer , if they don't sort it , report it to the Union and ask them to sort it for you and report the University as a whole to DWP and ask them to come in and address the Universities unfair policies with them.
This really shouldn't happen in a Academic Centre , as these Institutions are more strictly governed in Equal rights than most workplaces.
Good Luck .
They won't back down, just had an email outlining their inadequate policy, which is blue badge or nothing. They don't recognise you can walk but also be in need of help, in my case how I have to get up to guarantee a space in free for all parking. Thanks for advice.
They might if faced with the law.
But I think you said they’d already accepted it as a reasonable adjustment? If so that gives them a problem.
I think once someone who actually knows something about employment law looks at it in detail at their end they might have a change of heart......
If not, grievance time. I'm sure your union rep will assist.
OH have, Estates won't enact it...
Yes but the important thing is that OH have recognised it is a reasonable adjustment. That’s very much in your favour.
Absolutely and I have that in writing. Thank you. Fir your help.
To be fair to Estates they’re probably just following their general instructions in relation to permits and it needs someone higher up the line to give them specific directions in relation to your case. But you shouldn’t have been left to try and sort out the inter departmental issues yourself.
I think that is it. Seems a non willingness to take them on, they are all powerful! Think progress will apacen now.
If OH have accepted it then Estates must back down , have you spoken to another Senior Management group to sort Estates out for you , mentioning the fact that you will take this further with the Union .
If you get the Senior Administration on side , explaining to them that you understand that they wish to uphold your rights and seem to be understanding that there should be Equal Disability rights for 'Invisible' Chronic Illnesses , and this is a thing which seriously impacts on your Health and Abilities , and that you feel like Estates are stepping on the beliefs and principles of the University by their actions they should step up to help you.
If all else fails in a conversation with ' the powers that be' I have always found a cheery hint that it wouldn't look good if I had to make a situation known more publically , like The press or a Government Body , seems to get things moving more quickly.
I can't believe the University as a whole is allowing one Jobsworth Dept act like a tyrannical despot and making them all look bad.
I think sense will prevail, just wheel move slow. I'm in contact with the union.
Dear Daisy
Follow the grievance procedure as a starter. Explaining that failure to make a reasonable adjustment is disability discrimination. If you have a Union great, use them, if not send the letter anyway. I am an HR professional if you need more help DM me.
Sue
I have changed union to onevo know is active st the union. I know the rep to be good. I'm going to send him all the info today. I beleive my manager is escalating this to senior management and HR. I'll know more Monday. I've said I'll work remotely Tuesday. Thank you so much for the offer.
You mention you don't have a blue badge. Have you actually tried. You sound as though you would have enough "wrong" to get one. Its no longer all about walking. You have a hidden disability which prevents you doing what a "normal" person does. I would at least try and when applying mention your difficulty in getting to work early. Hopefully, you might be offered a face to face assessment where you can explain everything.
You've had good advice regarding Estates refusal to allocate you a space so hope you can get some help.
Thank you, that's useful.
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