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Hello. reasonable adjustments were not adhered to.

Raindrop

Hello everyone, I am raindrop and I am new here. I am due to go to tribunal soon and have a preliminary hearing next week. I have no idea what I'm doing and was wondering if anyone can offer any help and support... I have a disability which I discussed with my employer several years ago. Reasonable adjustments were made and I thought nothing more of it until the reasonable adjustments were not adhered to and when I pointed out the situation my work have denied all knowledge. The manager I spoke to has now left but she told me sensitive issues were not recorded. Also, how n earth would an employee ever know if and how HR record information about disabilities. In hindsight I feel I should have written something down but at the time I had no idea how this might affect me 5 years down the line. Raindrop

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Jimm_Alumni

Hi @Raindrop, welcome to the Scope community

We're here to share our experiences and help you find the knowledge you're looking for. I haven't look at your other discussion about this specific topic just yet but I can see it and will get to it!

How are you doing though? My partner went through reasonable adjustment issues last year with her employer and it was very anxiety-inducing for her. Just want to check how you're doing

Raindrop

Thank you, I'm doing a little better now as I have handed in my notice. I had a terrible time of it though. You would not believe the things I was being asked to do!

Bydand

Raindrop said:

Hello everyone, I am raindrop and I am new here. I am due to go to tribunal soon and have a preliminary hearing next week. I have no idea what I'm doing and was wondering if anyone can offer any help and support... I have a disability which I discussed with my employer several years ago. Reasonable adjustments were made and I thought nothing more of it until the reasonable adjustments were not adhered to and when I pointed out the situation my work have denied all knowledge. The manager I spoke to has now left but she told me sensitive issues were not recorded. Also, how n earth would an employee ever know if and how HR record information about disabilities. In hindsight I feel I should have written something down but at the time I had no idea how this might affect me 5 years down the line. Raindrop

Hi, sorry to hear you are going through this. It seems there is a fair bit of inconsistency from employers when it comes to disabilities and reasonable adjustments, from we will keep it in house , we will manage things between us and make it work to OH involvement and making sure all the tick boxes are ticked so they have done everything correctly.

Have you had union representation?

Do you have any past emails that mention conversations or recommendations. Do a search, you may be surprised at email trail you might have forgotten about, even if it is something that reads really simple like…”thanks for taking the time too meet with me and discuss my concerns, it was beneficial to know that reasonable adjustments are an option”….

was OH involved at any stage, as really they should have been if reasonable adjustments are beginning to be discussed

do you have any sort of written plan or yearly appraisal paperwork that might mention adjustments or raised health concerns.

Are any of your work colleagues aware of any adjustments or plan?, would they be willing to offer evidence.

With regards to how an employee might find out what HR have or have not been recording, my advice is to ask to see your file ( if employer is big enough to have an HR dept then they should have a file on every employer).If there is a file then you have a right to view the information contained in it.

Not sure what line of work you are in but does your workplace have an online HR portal (many do). If there is such a thing have you accessed it too check on personal details, which might include reference to adjustements.

just some thoughts, sorry I can’t be more help.

Raindrop

Hi ByDand, thank you for taking the time to write to me.

I do not have Union representation as I left and then rejoined. I have checked my emails and I have no trail. All I have is the fact that they changed my job role at the time and I did not have to do that particular aspect of my job and that they allowed me to go to counselling on a Thursday and work longer hours on a Friday to make up for it. I have no evidence of this though. They are not only claiming they don't/didn't know but also that I'm not really affected by it. They have requested full medical records.

OH was not involved at this employer but was at a previous employer which is why I started here as it was a part time role in a different environment.

I have looked through my appraisal paperwork as much as I can but I'm not great at keeping things organised....

Maybe my work colleagues will be aware of what happened but it was back in 2015...and it's one thing to remember and another to support a colleague taking your current employer to ET which is not a nice thing to ask someone.

I think I asked to see my file as part of my SARs but I can't remember. I work for a charity and they have an online portal but I no longer have access to it as I couldn't hack it any more and I handed in my notice.

Thank you for your help and your kindness. Raindrop : )

Bydand

Raindrop said:

Hi ByDand, thank you for taking the time to write to me.

I do not have Union representation as I left and then rejoined. I have checked my emails and I have no trail. All I have is the fact that they changed my job role at the time and I did not have to do that particular aspect of my job and that they allowed me to go to counselling on a Thursday and work longer hours on a Friday to make up for it. I have no evidence of this though. They are not only claiming they don't/didn't know but also that I'm not really affected by it. They have requested full medical records.

OH was not involved at this employer but was at a previous employer which is why I started here as it was a part time role in a different environment.

I have looked through my appraisal paperwork as much as I can but I'm not great at keeping things organised....

Maybe my work colleagues will be aware of what happened but it was back in 2015...and it's one thing to remember and another to support a colleague taking your current employer to ET which is not a nice thing to ask someone.

I think I asked to see my file as part of my SARs but I can't remember. I work for a charity and they have an online portal but I no longer have access to it as I couldn't hack it any more and I handed in my notice.

Thank you for your help and your kindness. Raindrop : )

Hi again
yes, it can all get a bit confusing and muddied when looking or thinking back on things.

you mentioned being allowed to go to counselling, was this through a work assistance scheme or did you have to find one yourself?…..You may not have paperwork confirming these appointments but it may be worth seeing if the counsellor has records or notes of your meetings on the off chance that you made mention reasonable adjustments or conversations with employer.

Are you going to tribunal due to feeling employer reneged on the reasonable adjustments or are they threatening your job or have you left altogether.

if still in employment with this company I would ask for a referral to be made with OH

Bydand

Sorry Raindrop,
forgot to ask why employer asked for medical records, surely they would have to include OH as part of this and that is your opportunity to provide your side of things.
if employer is asking for release of your medical documents without OH involvement then tell them that you do not give your permission for this and do not sign anything from them…..if they want to make things official then force them to go through normal OH procedures.
If it is for the tribunal, why do they need that information?…..

CasonSylvester

Welcome