Hi, my name is markmack! Employer said adaptations are unreasonable, any advice?

markmack

Hi, I am a lower right leg amputee since march23, I gave come to this site as my employer has deemed my request for adaptions as unreasonable and any help and thoughts are welcome good or bad, I need to see this from both sides of the argument, I am an hgv driver, I have found a company prepared to make necessary adjustments but my employer says it would create logistical issues for how the company operates 

Rosie_Scope

Welcome @markmack! Sorry to hear your employer has rejected your adjustments. Are you part of a union at all? 

Some people find ACAS can be helpful for things like this, so it's well worth getting in touch if you haven't already. They might be able to provide some advice about how to speak to employers and what your rights are at work.

I'll pop your post over to our employment boards where more members can find it and offer their experiences

Bydand

markmack said:

Hi, I am a lower right leg amputee since march23, I gave come to this site as my employer has deemed my request for adaptions as unreasonable and any help and thoughts are welcome good or bad, I need to see this from both sides of the argument, I am an hgv driver, I have found a company prepared to make necessary adjustments but my employer says it would create logistical issues for how the company operates 

Hi, I am not really sure what advice I can give just now other than asking you to expand slightly on why your employer believes any adaptions would create logistical issues….have they given you a specific reason to tie into their statement.

Can I also ask, when you mean a company can make the necessary adjustments, I take it you are meaning adaptions to the Cab in order for you to still drive? And thus continue to work for the firm.

Have you contacted DVLA ref lower leg amputation. The following extract is from Gov.uk

Amputations and driving

You must tell DVLA if you’ve had a limb amputated.

You can be fined up to £1,000 if you don’t tell DVLA about a medical condition that affects your driving. You may be prosecuted if you’re involved in an accident as a result.

Car or motorcycle licence

Fill in form G1 and send it to DVLA. The address is on the form.

Bus, coach or lorry licence

Fill in form G1V and send it to DVLA. The address is on the form.

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I think it would be important for both yourself and your employer to be covered in case there was any accident etc ( whether your fault or not )

sorry can’t be more help

markmack

Thankyou bydand,  dvla are fully aware and I took two medicals to prove my fitness to drive and my licence was regranted in October, my companies issue is that they like to move vehicles between depots regularly so as to equal out millage so resale value is higher but each time they move truck they would have to pay for adaptions again , my argument is if vehicle shifts planned better then mileage would stay within boundaries and vehicle could be left at same depot for next 4 years.

Bydand

markmack said:

Thankyou bydand,  dvla are fully aware and I took two medicals to prove my fitness to drive and my licence was regranted in October, my companies issue is that they like to move vehicles between depots regularly so as to equal out millage so resale value is higher but each time they move truck they would have to pay for adaptions again , my argument is if vehicle shifts planned better then mileage would stay within boundaries and vehicle could be left at same depot for next 4 years.

Hi again

Thats great about the DVLA and getting your licence regranted, that must have been a worry for you at the time.

The rest of what you have said was along the lines of what I was maybe thinking the issue was. Or perhaps other drivers being unable to drive an adapted vehicle should they need to.
 ( on your days off, holidays etc)

I can kind of see both sides of the fence, unfortunately when it comes down to an employer making reasonable adjustments, what you deem reasonable and what the employer sees as reasonable can be worlds apart and we have all been in jobs where you often think things could be done better, like your suggestion for example.

Yes, due to the discrimination and equality act you have certain rights as an employee and the employer has a responsibility to seriously consider any adjustment request, it is also the case that it is not always possible for an employer to always grant adjustments. This can often be due to staffing levels or a specific logistical reason within the business model of a company which seems to be the case here.

However they should put in writing their reason for any refusal to accept reasonable adjustments. Do you have an HR dept of sorts? As it is always better to include them at an early stage so the process can be properly recorded. Not an expert by any means but making sure to dot the i’s and cross the T’s is important so that you have access to the relevant policies and evidence etc should you need to escalate things.

When additional costs are also factored in for employers it just compounds things further. 

Sorry I can’t be more help but any more questions fire away 

Bydand

@markmack

Have a look on trucknetuk forum
type in amputation or similar and it comes up with various discussions, and a lot of very specific banter too!!

MW123

markmack said:

Thankyou bydand,  dvla are fully aware and I took two medicals to prove my fitness to drive and my licence was regranted in October, my companies issue is that they like to move vehicles between depots regularly so as to equal out millage so resale value is higher but each time they move truck they would have to pay for adaptions again , my argument is if vehicle shifts planned better then mileage would stay within boundaries and vehicle could be left at same depot for next 4 years.

@markmack Welcome to Scope.

I truly admire your determination to continue working despite your amputation. Have you considered discussing with your employer the possibility of implementing vehicle modifications that are easy to install and remove? This could alleviate any worries about the vehicle's resale value, making the idea more appealing to your employer.

Additionally, it might be beneficial for both you and your employer to explore government programs like Access to Work, which can provide assistance with covering the costs of workplace adaptations for people with disabilities. I sincerely wish you all the best with this; your perseverance is inspiring.

markmack

Thankyou, the adaptions I need, cannot be easily transferred, this is part of the issue, I have said about access to work but the cost shouldn't trouble them, the quoted price is 3750 fir alterations and the company runs 1000 trucks across 20 locations,  they're not short of a bob or two

MW123

 Given the  nature of the required vehicle adaptations, I understand the challenges involved. Your suggestion of improved logistics planning to minimise vehicle relocations does seem reasonable. The key would be to have an open discussion with your employer to explore the feasibility of this approach. Provide concrete examples of how it could work, and be willing to compromise where needed. With good faith efforts on both sides, hopefully a mutually agreeable solution can be found.