Manager is making excuses not to make reasonable adjustments at work. What can I do?

Latin126

Hi,

I was wondering if anyone has any experience of this and can offer me some advice. I have anxiety and occupational health have done an assessment and have confirmed this is a disability under The Equality Act. They have also recommended a number of reasonable adjustments to my employer.

My manager does not like this and are making excuses not to make the adjustments. He is now also taking an aggressive stance and not supporting me and telling me I cannot do my job to the required standard. What can I do ?

Many thanks.

Latin126

Thanks Woodbine. Does my employer have to make reasonable adjustments do you know ? I have already involved HR and they have not been helpful, basically telling me that it is up to my manager whether adjustments are made or not.

janer1967

Hi 
Employers only have to consider reasonable adjustments they don't have to put them in place if they are not considered reasonable 

Eg too costly, not possible,  impact the business or other 

They should give a reason in writing why they are unable to put in place 

I would put a complaint in writing that you would like to know why they are unable to implement 

You can get advice from ACAS and scope has information on reasonable adjustments 

Latin126

Thanks Janer. The adjustments I have asked for are all minor and therefore should be seen as being reasonable. Eg. Additional support during stressful periods, allow me to go to medical appointments and allow me to use my annual leave in an effective way to recharge. They all cost the business nothing. Will my employer need to justify why they cannot make these adjustments?

poppy123456

Hi,
What additional support are you asking for during stressful periods? 

What do you mean by “use your annual leave in an effective way?”

Latin126

Hi Poppy, in terms of stressful periods, I am asking for more guidance and support from my managers in terms of managing my work load or temporarily reallocating some tasks. In terms of annual leave, I am asking to be able to spread my annual leave more evenly throughout the holiday year.

janer1967

Hi again 

Is annual leave taken at anytime during the year or are there restricted times 

I can't see why it would be a problem as long as you follow the procedure for booking leave

Extra support could also be a possibility but depending on the impact this would have on the business 
Eg if someone else would have to take on extra work or they had to employ another person it could be unreasonable 

They should give reason why they are unable to accommodate the adjustment 

Latin126

Hi Janer. Annual leave can be taken at anytime of the year as long as reasonable notice is given. I always give at least one month's notice

The support  for work is around guidance and support.

Ever since my employer has received the occupational health report, I am afraid they appear to have taken an aggressive stance. Instead of offering support, they appear to have taken away support and been very critical of my work. This didn't happen before the occupational health assessment .

janer1967

Good details from Mike. 
I don't see the annual leave being any different to what you are doing already 

It is sometimes the case management take a different approach once RA have been suggested not that it is right 

I think you should request a meeting with your manager to discuss the issues nothing formal just to see if it can be resolved 

While I agree with Mike from experience hr usually play a custodial role with RA and act as advisor to both colleagues and managers to come to a working solution 

If it can't be resolved then go down the more formal route 

However will the suggested RA make a difference to you just because they have been recommended they are not always helpful 

Latin126

Thank you Mike and Janer.

I have taken a very informal route with my manager so far, trying to have open dialogue in our weekly 1 to 1. He has continually said he will think about it. It has been over a month now.

Would you recommend now making a more formal request for RA's in writing in which he has to respond so that we know where each other stand and we can progress from there ?

I am also concerned that ever since the OH report has been issued, this has coincided with him raising issues around my performance despite there never having been any issues raised before.

Latin126

Thanks Mike. I think you are right. The anxiety around how they will handle this hasn't helped with performance. 

I do get the vibe that disclosing the mental health issue has not been well received. The questions I have been asked suggests that they believe I am making it up.

L_Volunteer

Hi @Latin126, 

Thanks for reaching out to us. I am so sorry your disclosure wasn't handled well. It sounds really upsetting and frustrating. Could you escalate this to a more senior member of staff or a trusted member of staff? I am hoping you can receive the support you need and deserve soon. We have a discussion section about mental health issues which might help if you would like to communicate with others with similar experiences. If you are interested, you can find it at https://forum.scope.org.uk/categories/mental-health-issues. Scope also has a helpline if you require further support which you can find at https://www.scope.org.uk/helpline/. Take care of yourself and I will look forward to hearing from you again soon