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Reasonable adjustments

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Hugo51
Hugo51 Community member Posts: 53 Connected
edited September 2021 in Work and employment
hi there, once a reasonable adjustment is agreed and implemented, legally can an employer go back on it ?
l suffer mental health issues and was given a work buddy to work alongside me as we get on well, employer changed it one day and it triggered my stress and anxiety 
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Comments

  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    Hi there and welcome 

    Did they change the work buddy or take the work buddy away altogether 

    If they changed the person they are within their rights to do so as they are still providing the agreed adjustment 

    If they have taken the buddy away completely then you need to fund out why and take it from there 

    Employers are only required to consider reasonable adjustments they don't have to put them in place if they are not reasonable eg cost , not in line with business operations and so on 

    It would suggest that as they have been in place then they can accommodate them unless there is a valid reason for no longer able to accommodate 
  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
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    Does removing adjustments not amount to failure to provide reasonable adjustments? 

    It’s not like the employer can say they can’t provide it because they have already done so in the past? 

    I would say you could do with some expert advice or even legal advice. 

    Contact ACAS. 

    Ask a solicitor if they can offer you a free 30min consultation to discuss the situation. 

    If that’s not possible see if you can access a law centre nearby. 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    janer1967 said:
    Hi there and welcome 

    Did they change the work buddy or take the work buddy away altogether 

    If they changed the person they are within their rights to do so as they are still providing the agreed adjustment 

    If they have taken the buddy away completely then you need to fund out why and take it from there 

    Employers are only required to consider reasonable adjustments they don't have to put them in place if they are not reasonable eg cost , not in line with business operations and so on 

    It would suggest that as they have been in place then they can accommodate them unless there is a valid reason for no longer able to accommodate 
    It’s a 2 person squad I work in, I was given my choice of workmate as reasonable adjustment, some people add to my health issues 
    he was swapped one day for someone else which obviously triggered my health issues and I went home sick

    on my return manager gave me improvement notice for going home sick
    union are involved and say it’s Disability Discrimination and bullying, waiting for grievance hearing still 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    MarkN88 said:
    Does removing adjustments not amount to failure to provide reasonable adjustments? 

    It’s not like the employer can say they can’t provide it because they have already done so in the past? 

    I would say you could do with some expert advice or even legal advice. 

    Contact ACAS. 

    Ask a solicitor if they can offer you a free 30min consultation to discuss the situation. 

    If that’s not possible see if you can access a law centre nearby. 
    Thanks, union are involved, waiting on grievance meeting now 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    @MarkN88 it depends on the reason for removing if the company can evidence they can no longer accommodate the adjustment this would be reasonable 

    For example if they have employed someone specifically for this buddy they may be downsizing and making redundant and can no longer afford the additional cost this would be reasonable 

    Just an example we don't know yet if it has been removed or not or the circumstances 
  • MarkM88
    MarkM88 Community member Posts: 3,127 Connected
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    janer1967 said:
    @MarkN88 it depends on the reason for removing if the company can evidence they can no longer accommodate the adjustment this would be reasonable 

    For example if they have employed someone specifically for this buddy they may be downsizing and making redundant and can no longer afford the additional cost this would be reasonable 

    Just an example we don't know yet if it has been removed or not or the circumstances 
    Yes I suppose it can come down to very specific circumstances. 

    I’m glad to hear the union are involved too. 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    OK in my experience they are still providing the adjustment 

    There will always be circumstances where the individual you had as a buddy may change 

    Eg they leave , get promoted   change role , or they may not want to do it anymore 

    I do understand your need that it has to be somebody you trust and get on with 

    Have you given it a try ? 

    Let your union guide you that's what they are there for and 8f the outcome isn't satisfactory you can take it further and appeal 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    @Username_removed turns out 8t hasn't been removed just the buddy has changed which has caused op stress 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    It’s a big employer I work for, local government type so the cost of adjustment  isn’t an issue 
  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
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    OK hopefully they will come up with a mutual agreement 
  • stoneland96
    stoneland96 Community member Posts: 3 Listener
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    Hugo51 said:
    janer1967 said:
    Hi there and welcome 

    Did they change the work buddy or take the work buddy away altogether 

    If they changed the person they are within their rights to do so as they are still providing the agreed adjustment 

    If they have taken the buddy away completely then you need to fund out why and take it from there 

    Employers are only required to consider reasonable adjustments they don't have to put them in place if they are not reasonable eg cost , not in line with business operations and so on 

    It would suggest that as they have been in place then they can accommodate them unless there is a valid reason for no longer able to accommodate 
    It’s a 2 person squad I work in, I was given my choice of workmate as reasonable adjustment, some people add to my health issues 
    he was swapped one day for someone else which obviously triggered my health issues and I went home sick

    on my return manager gave me improvement notice for going home sick
    union are involved and say it’s Disability Discrimination and bullying, waiting for grievance hearing still 
    By that it sounds like it could amount to discrimination for how they spoke and dealt with it. Did you tell them that you had to go home because of your disability and the fact that the agreed adjustments couldn't be provided? 

    They can't punish you for needing extra support or time off because of a disability, as long as they knew when they employed you. When they employed you, they agreed that they could support the needs you declared upon being employed. 

    Saying this, it isn't discrimination to change a buddy if the buddy you normally have can't be there. If the covering buddy is triggering you, try talking to them first. If that doesn't go well or isn't possible, you should explain to your employer why and if you think they're doing it on purpose. It would be the employers response that would decide if this aspect amounts to discrimination. 

    If a company can no longer provide the agreed adjustment, they need to at least be honest about it and explain what adjustments they are able to put into place. If this isn't appropriate, the company should help you look for a suitable role within the company, if this isn't possible, then the employer should help you look for an employer that can better support you and your needs. In the mean time, they should still keep you on and support you as much as they can until a more suitable opportunity is found or you're signed on sick/ESA. If they just dismiss you simply because you have a disability, that would probably amount to discrimination. 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    @stoneland96 they are well aware of my disability, I’ve 20 plus years service 
    a solicitor has looked at my case ( there have been other things leading up to this event) and he’s happy to take it on to tribunal if necessary 
    ET1 is in , waiting on the grievance at work while I’m signed off sick 
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