Reasonable adjustments

Omgwam

I’ve worked for my employer for more than 20 years in an office based role.
For many years I’ve had chronic pain - ulna neuropathy of shoulder, shoulder bursitis, CRPS shoulder, hyper mobility, carpal tunnel syndrome & now tennis elbow!

Over the years I’ve had various treatments but am now reliant on medication though am waiting for treatment for tennis elbow.

I last saw OH in February as though I am working full time without being off sick, I am struggling with both the pain and the medication side effects which cause brain fog, dizziness & tiredness. I’m also having migraines each week which my neurologist said is linked to and caused by the neuropathy and often have nausea due to pain.
My sleep is terrible due to the pain which doesn’t help.

OH recommended I WFH (at the time we were asked to go to the office once a week) as I was unable to drive on my medication and even if I stopped taking it, the your drive was difficult due to the pain. In addition they recommended flexibility on my start times, a reduction in my workload, task rotation, removal of targets at work and allowances for extra breaks. They also asked for an ergonomic assessment at home.

My manager agreed to WFH and flexibility with start times but refused all other adjustments due to business need. It has however helped greatly to be able to WFH as I don’t feel safe driving that far and was wiped out & in agony after a day in the office. I was provided with a new chair following the ergonomic assessment which has also helped me be a little more comfortable.

Unfortunately I have been told that I must start coming into the office 3 days a week as that is the new company policy. I explained that OH said I should WFH but was told by my manager that they do not have to take their advice. I challenged this as the OH report confirmed I have a disability under the equality act and so reasonable adjustments need to be made. My manager said she doesn’t agree with this and she will not treat me differently from my colleagues. She said I cannot expect ‘favourable treatment’.

I have asked to be referred back to OH which she has reluctantly agreed to do and I am sure the Doctor will recommend the same adjustments given I am not better. My manager has said she can still refuse to allow WFH and said I should be ‘over it’ by now. I explained as I have so many times that the conditions are chronic and they will likely fluctuate but not go away. My specialist has said that I will need medication for the foreseeable future. I asked why I need to go in when I have shown I am productive, I have excellent appraisals & can do all of my role from home and have been since 2020. She said she won’t agree it as not coming in will affect my mental health. I said coming in will cause more issues with the potential of an accident as I am not safe to drive (& legally cannot drive when affected) or a worsening of my condition (& so increased likelihood of poor performance or sickness absence).

I am really stressed about the whole situation and feel so helpless. Despite having pain for years my mental health has always been really good but I’m at the stage where I think I need to see my GP. I am good at my job and am only asking to WFH as I cannot get to the office (public transport would be 2 hours each way with a mile walk at each end too so not realistic).

If the new report from OH recommends WFH again but my manager refuses this what are my options to escalate this?

For info, I work for a very large organisation who can afford to pay for and support adjustments. I am non customer facing and the only person in my small team who does my role.

Many thanks

Rosie_Scope

Hi @Omgwam, welcome to the community. Sorry to hear you're having so much stress at work at the moment, it sounds really difficult to deal with. Your manager should not have told you that your reasonable adjustments are favourable treatment, they are there to enable you to do your job to the best of your ability which it sounds like you have been doing.

Have you had any contact with ACAS? They can sometimes help in these sorts of situations.

Acas | Making working life better for everyone in Britain

Have you managed to keep any records of the conversations you've had with your manager? It can be really helpful to have things like this in writing should you need to escalate things.

Omgwam

Thanks so much for your reply.

Unfortunately my manager hasn’t put anything in writing but I’ve kept a note of our conversations. I suspect she hasn’t actually read the initial OH report as she asked me to summarise it saying she was too busy. She has made comments about me to an old colleague who no longer works for the company and I know she’d confirm what was said if necessary.

Yes I have spoken to ACAS who were really helpful but they can only confirm the laws around reasonable adjustments and not support with what legally I can do next. I’ve just joined Which legal and have an appointment with an employment solicitor next week. They say they can offer legal advice and confirm next steps which are appropriate for me and support in writing to my employer. Hopefully with their support with the wording to use this can be resolved.

Very frustrating when I’ve worked somewhere for so long and even worse when their Doctor advised it’s likely that my job there caused my symptoms.

I’ll wait to speak to the solicitor next week and take their advice on next steps.

AKR

https://forum.scope.org.uk/discussion/121703/reasonable-adjustments

As a former employment/discrimination litigator and advocate (27 years experience), I would recommend you seek legal advice asap. Many firms offer heavily discounted initial consultations at which they will set out all options available to you, and possibly offer a "no win, no fee" agreement in the event you have to instruct them to act on your behalf whether or not an employment tribunal claim is ultimately pursued.

Whilst ACAS can be of some (limited) help, given your extensive length of service/office based nature of your role/the obstinate and wholly unreasonable attitude/mantra of your manager (which may be the "company line"), it is best to prepare for a formal dispute/claim.

That is why I think it best to consult a solicitor straight away and so you are/they are ahead of the game. Also note, ACAS do not represent individuals/employers- they are principally a conciliation service parties to litigation use once employment tribunal claims have been instigated.

A good employment solicitor will get involved at the outset by sending correspondence to your employer setting out what your rights are and what will happen if your employer fails to comply with the Equality Act 2010.

In any event, the process would be as follows:-

1. Raise a formal grievance in accordance with the company grievance procedure;
2. Appeal any grievance procedure decision which is unfavourable to you;
3. Issue a second stage appeal if that is part of the company grievance procedure;
4. If the grievance, following all appeal stages is unsuccessful - then you will have to issue an employment tribunal claim for disability discrimination, which can potentially include a) a claim for direct discrimination; and/or b) a claim for indirect discrimination; and/or c) a claim for failure to make reasonable adjustments; and/or d) harassment; and/or e) victimisation. The nature of the claim will very much depend upon what happens - such claims are fact sensitive.

A solicitor can help with the drafting of your grievance/any appeals.

This can get quite complex because there are strict (and very short) time limits to issue claims in the employment tribunal. There are many instances in my career where I have issued employment tribunal claims whilst grievances/settlement negotiations are ongoing to avoid claims being invalidated due to being issued outside the limitation period etc.

So again, for a multitude of reasons and because things can get quite strategic/tactical a solicitor really is a must, in my experience.

Omgwam

Thanks for such a detailed reply, I really appreciate it.

I’ve got an appointment with an employment solicitor next week (via Which legal) and I will certainly contact a solicitor to take this on if I need to once I’ve spoken to them. I had seen online that there are very tight deadlines for any tribunal dispute and it’s good to know some solicitors take cases on a no win no fee basis,

Have a lovely long weekend and thanks again.

AKR

https://forum.scope.org.uk/discussion/comment/902298#Comment_902298

No problem. You too.