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Reasonable adjustments
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Hugo51
Community member Posts: 53 Connected
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
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
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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 -
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.
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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
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 -
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.
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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 -
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 circumstancesI’m glad to hear the union are involved too. -
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 -
@Username_removed turns out 8t hasn't been removed just the buddy has changed which has caused op stress
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It’s a big employer I work for, local government type so the cost of adjustment isn’t an issue
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OK hopefully they will come up with a mutual agreement
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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
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
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. -
@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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