Reasonable Adjustments

calsiam

Hi. I went back to work after shielding but the  adjustable desks are still broken. I was sent home as managers are aware that without these reasonable adjustments, I am unable to work. It's a desk that allows me to sit and stand whilst taking calls in the call centre due to my mobility issues. HR then emailed me asking me to use my annual leave until the desks are fixed bearing in mind they've been broken for months. My concern is that all my annual leave will be used up but also, I don't think it's right that they are asking me to use it. Does anyone have any advice please? 

calsiam

I should add that I called scope who referred me to ACAS who referred me to the Equality Advisory and Support Service. I am still awaiting their email with the relevant information but was hoping someone could shed some light on this matter in the meantime. 

Han_

Hi @calsiam. I agree that asking you to take annual leave whilst they arrange for the desk to be fixed doesn't seem appropriate. Have you received the email from the Equality Advisory and Support Service?

Han

calsiam

I sure have. They sent me a template so I can now raise a formal grievance. So many emails I've had to go through to find the ones relevant to this issue where I have repeatedly asked if the desk was fixed and why I need it. It's all been added to the template and emailed in to my manager. My head was hurting. They asked for proof that I need it, I walk with a stick plus I have 5 OH reports and an outcome letter of a meeting with my managers all stating that I cannot sit for too long and need to be able to stand. Aaaarrrgghhhhh!

Han_

calsiam said:

I sure have. They sent me a template so I can now raise a formal grievance. So many emails I've had to go through to find the ones relevant to this issue where I have repeatedly asked if the desk was fixed and why I need it. It's all been added to the template and emailed in to my manager. My head was hurting. They asked for proof that I need it, I walk with a stick plus I have 5 OH reports and an outcome letter of a meeting with my managers all stating that I cannot sit for too long and need to be able to stand. Aaaarrrgghhhhh!

I'm glad you can now take the next steps but I am sorry that you have had to go through so much to get to this point. I'm not entirely sure that they can ask you for proof that you need the reasonable adjustments? The EmployAbility website states the following:

"To be clear, since 2010, any potential employer has been expressly banned from asking any questions about the existence or nature of disability. Underlying this is the idea that an individuals' right to privacy in respect of their health information, should not, must not, be required to be compromised in order for them to access adjustments and their equally important rights to be treated fairly."

But the Scope help page here explains that if you have an assessment with occupational health, then you must share your medical information if the assessor requests it because it will help your employer understand your needs. Although, as you have already stated you have 5 OH reports. I hope providing them with copies of these reports (and the outcome letter of the meeting with your managers) will be sufficient proof. 

I hope all of this goes well and do keep us updated if you would like to.

Han

Chloe_Alumni

Hi @calsiam, just wanted to check in to see how things were going.

calsiam

Hi Chloe. Nothing has changed. I emailed my formal grievance 11 days ago.... no response. HR said the desk will be fixed 10 days ago and will let me know. They didn't, I emailed to find out what is happening..... no response. I'll give it another couple of days and then get back to ACAS as they suggested. 

Chloe_Alumni

I'm really sorry to hear that things still haven't been resolved. I imagine this is really stressful! I certainly would follow up with ACAS if you don't hear anything from them. 

I hope your desk will be fixed ASAP!

calsiam

Thanks Chloe ?

janer1967

Hi again

I am glad you have bee pro-active and lodged a grievance, they should have in their policy the timescale of when they should respond by even if it is just acknowledgement they have you grievance (usually 14 days)

Keep getting advise from ACAS this really should have been first sorted when they were made aware of the broken desk and that you were to be expected to return to work