Reasonable adjustment or is it discrimination?

sunshine1981

I have been diagnosed with CRPS in my ankle. Currently using crutches and a boot. I work in an office that is up 2 flights of stairs, no lift available. The kitchen is upstairs but the toilets are downstairs. I'm not good on stairs and it would cause me more pain to be going up and down stairs all the time and be dangerous in an emergency. Work have offered to move me downstairs as a reasonable adjustment, I feel offended by this. They are moving me away from everyone because they don't have a lift and it would be unsafe in an emergency, they said I would be near to the toilets too. But what about the kitchen for drinks. I'm been made to work away from my colleagues due to my disability is this allowed? 

poppy123456

I don't see it as discrimination at all. They are trying to help you solve a problem, although it's only partly solved. Not all buildings have lifts.

What reasonable adjustments would you like to be put in place?

sunshine1981

How is putting me downstairs alone all day, having to call upstairs when I want a drink or when I need something bringing downstairs, not having contact face to face missing out on the office environment and feeling excluded from things not discrimination. Things happen spontaneously in the office and I would miss out on these. We have a vacancy for a job in the office if someone in a wheelchair came for interview they would be in the same situation as me where as an able bodied person would be treated completely different because they are able to walk up stairs. I thought all buildings had to have adaptions to make them accessible for everyone no matter of there abilities, is that not correct? I have no idea of what they could do but I feel being sent to work downstairs is not fair

janer1967

Hi there 

An employer only has to make adjustments if they are REASONABLE and fitting a lift I'd most likely not classed as reasonable 

There ars a lot of older buildings out there which ard not totally accessible but that doesn't mean they have to change them at a massive expense 

New buildings have to be accessible 

As poppy indicates they ard just truing to make things easier for you by moving you . Is there anything else you can suggest to them that would be a better solution 

Reasonable adjustments only need to be considered by an employer and if refused a valid business reason why 

I'm sorry you are in this situation and I know it's frustrating as a wheelchair user I understand the number of places that are not accessible 

Try and work with them for a solution 

poppy123456

Broreb1981 said:

I thought all buildings had to have adaptions to make them accessible for everyone no matter of there abilities, is that not correct?

No, not at all. It's not always possible to make some buildings disabled friendly.

janer1967

That only applies to public building built after a certain date (not sure of the date ) 

Next time you are out just look at buildings and you will see how many a wheelchair user could actually get in you will be shocked 

In my village even the dentist and pharmacy are not as an example there are about 30 shops with only 10 I can actually get into 

sunshine1981

I'm deciding whether to see if I can make a claim against my previous employer. I have been advised to do this. I was there for 16 years. Firstly I have been told that they shouldn't have refused to allow me to reduce my hours due to having an injury, I need to carry on with my normal routine as much as possible due to mental health reasons. Secondly my reason for sickness was put on a group chat for a lot of people who I didn't want to know why I was of work, to see. Thirdly they eventually made an offer for an adjustment of my workplace to downstairs where I could access the toilet but have no access to the kitchen as this is upstairs, I would have also felt discriminated against due to the issue of me having to continually ask others for drinks, food, files, etc to be brought downstairs to me.
Can anyone advise me what to do and where to go for advice, I've tried citizens advice but they haven't been very helpful so far

surfygoose

I think if they offer to bring you drinks, food and any files that you need then they are doing their best to make adjustments. I think that if a wheelchair user applied for a job there then they would offer them a downstairs office space as well.

sunshine1981

It's not in a office downstairs it's in the reception area where another company walk through to get to there office. 

rustledjimm

Would spreading the reason for sickness not be breaking some sort of confidentiality law?

I think that is the most egregious point you have. You have protections on your medical information which if your employer has spread without permission is definitely something that should be looked at.

I am sorry however, I do side with people regarding being moved downstairs. I think that is the most reasonable adjustment possible given the circumstances, unless remote work from home was a possibility.

Did you have an occupational health assessment? You should look into the Equality Act to see if your conditions meet the threshold of "You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities."

sunshine1981

I did have an assessment and he did say I was disabled under the equality act due to bipolar and fibromyalgia which I already knew. What would I gain by having this 

MW123

Dear Broreb 1981

I  would advise exercising caution before proceeding with a discrimination claim against your employer. The offer to move you downstairs can be seen as an accommodating gesture, providing a reasonable adjustment that aligns with the limitations of the building. Your employer also has a duty of care towards all employees, and they may have been considering health and safety concerns. It is worth considering that if you have difficulty with stairs and were to fall, not only could you injure yourself, but you could also potentially cause harm to one of your colleagues. By moving you downstairs, the risk to both yourself and your colleagues is eliminated. It's possible that your employer believed you would be happier downstairs, without the need to navigate the stairs when using the toilet. 

I can empathise with your situation, I have also had to make adjustments not only in my workplace but in my home due to health issues.   I understand how upsetting it can be when changes need to be made. However, after a period of adjustment, I often find that things are not as bad as I initially thought. 

Remember, change is a constant part of life, and while it can be challenging, it also presents opportunities for personal and professional growth.  

Cher_Alumni

Hello @Broreb1981

I'm sorry your experience wasn't a happy one. In addition to the helpful replies received, it could be handy to speak with ACAS as they are qualified in this area.

Please keep us posted with how you get on and all the best.