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Refusal to make Access to work adjustments

JayT
JayT Member Posts: 3 Listener
edited May 17 in Work and employment
Hi all

I have a diagnosis of Fibromyalgia and although i experience the pain etc my main symptom is cognitive (thinking, reading, writing).  I have a meeting this week to discuss the ATW recommendations but it appears they are going to decline the recommendations, which are minor (software and voice recorder) and have no effect on others roles etc. 

If they decline these what would be my options?

thanks 
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Comments

  • janer1967
    janer1967 Member Posts: 12,758 Disability Gamechanger
    Hi there 

    If they refuse they need to give you reasons for the refusal.  Then you need to decide if their regusal is reasonable 

    They are only bound to consider reasonable adjustments and if not reasonable they can refuse 

    This is all presumption at present so until you have a decision you need to wait and take it from there 

    You can appeal the decision in the first instance 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Sandy_123
    Sandy_123 Member Posts: 2,186 Pioneering
    Hi @JayT welcome to the forum as Jane has said its best to wait till you've had the meeting and see what the out come is. Then you can go from there, good luck with your meeting.
  • euro
    euro Member Posts: 69 Courageous
    I am not an expert, but ACAS are and I have found them very useful for employment related advice.  According to them, your employer has a legal responsibility to make reasonable adjustments and they would have to explain to you at the meeting and put in writing what they will do to support you.   They also have to tell you the reasons why any adjustments recommended by Access to Work (ATW) are unreasonable.

    You didn't mention what your job role is or the size of the company you work for.  They can have a major bearing on what is reasonable or not.   If you're happy to share those details, perhaps between us there are at least a few members who have been in those shoes and can let you know what their employer did to help (or reasons they couldn't do what was recommended by ATW or get funding to implement the changes).

    Good luck either way @JayT.  I hope the meeting surprises you and you get everything you need to continue in your job. 

    Links for ACAS and ATW if you need them below .

    https://www.acas.org.uk/reasonable-adjustments

    https://www.gov.uk/access-to-work
  • JayT
    JayT Member Posts: 3 Listener
    Thanks Everyone. 

    @euro I work in a personal development role, and we have approx 65 employees, which is growing bigger and bigger.  My role includes workshops, booklet development, logistics (planning sessions etc).

    Hope that helps. 
  • chiarieds
    chiarieds Community Co-Production Group Posts: 11,004 Disability Gamechanger
    Hi @JayT - & welcome to the community from me also. :)  Scope also has some info on ATW, which may help a little. Please see: https://www.scope.org.uk/advice-and-support/access-to-work-grant-scheme/  Please let us all know how you get on with your meeting.

  • MarkM88
    MarkM88 Member Posts: 1,981 Pioneering
    Did access to work say they would make a contribution to buying those items too?
  • JayT
    JayT Member Posts: 3 Listener
    MarkN88 said:
    Did access to work say they would make a contribution to buying those items too?
    Yeah they have agreed to pay some towards the adjustments. Approx £350 of £1400. 
  • mikehughescq
    mikehughescq Member Posts: 7,790 Disability Gamechanger
    Hmm. They can of course refuse any RA request if they think it unreasonable i.e. not likely to achieve its intent or too expensive (there are 3 other legal basis for refusal). Just because it’s software doesn’t mean it’s not expensive and of course using a voice recorder really depends on the impact on the work of others around you. It’s also worth remembering that nowadays the assessment process for A2W is effectively privatised and a lot of their recommendations are abject nonsense designed to shift product. Been on the end of that myself and have recently seen it in action once again the last few weeks. Nothing is ever black and white on these things.

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