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Reasonable adjustment employer being awkward

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Hugo51
Hugo51 Community member Posts: 53 Connected
I requested reasonable adjustment of starting 15 minutes earlier to avoid crowds of people at work which impacts on my anxiety 
employer or the manager involved said no but gave  no feasible reason why 
HR accused me of not understanding how Reasonable adjustments work , upshot is an OH referral 
will they be legally obliged to follow OH recommendations?
this has all impacted on my mental health and I’ve been signed off work by my own doctor 😢
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Comments

  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
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    I'm sorry to hear about the impact this has all had on your mental health @Hugo51

    How do you feel about the Occupational Health referral?

    I'm not sure whether they will be legally obliged to follow recommendations, but I would definitely advise getting in touch with ACAS for guidance. They have information on using Occupational Health at work.

    Do you feel like you're getting enough support for your mental health and anxiety day to day?
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  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    I'm sorry to hear about the impact this has all had on your mental health @Hugo51

    How do you feel about the Occupational Health referral?

    I'm not sure whether they will be legally obliged to follow recommendations, but I would definitely advise getting in touch with ACAS for guidance. They have information on using Occupational Health at work.

    Do you feel like you're getting enough support for your mental health and anxiety day to day?


    Thanks for taking the time to reply Alex
    im a bit worried they don’t legally have to follow OH advice as they have done everything in the past not to be supportive with my Mental health 

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

    They do not legally have to follow recommendations from oh as it is just that a recommendations 

    However they should consider the reasonable adjustments recommendations and have good reason to refuse 

    If they refuse you can appeal the decision 

    Just be aware all they have to do legally is consider a request for reasonable adjustments and give reason for refusal if its not consider reasonable to them that can refuse 
  • JaneC_
    JaneC_ Community Volunteer Adviser Posts: 21 Connected
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    Hi @Hugo51
    Welcome to the forum and sorry to hear about the difficult time you’re having and the impact on you.

    When you see the OH please do tell them what things, like starting earlier, you think will help you be at work. You should get to see the OH report and the recommendations made.  

    In addition to @Ale@Alex_Scope advice re getting in touch with ACAS for guidance. If you are a member of a union get help from them You could also contact the Citizens Advice Bureau as they often support people with employment difficulties.

    It might be worth waiting for your OH report and the employers response to see what help they will provide. I should ask for their decision in writing, with reasons,  if they don’t do all the recommendation. If you have a meeting with your managers ask if you can take a friendly supportive colleague with you - you can say you want this as a reasonable adjustment if they say no (put your request in writing if they decline).

    Scope website pages includes advice on seeking reasonable adjustments https://www.scope.org.uk/advice-and-support/asking-for-reasonable-adjustments/

    hope this helps, 
    do ask any further questions you may have
    kind wishes and hope it goes ok
    Jane 

  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    Thanks for all your replies, had the OH appointment over phone, her view was she can’t recommend anything and it’s all up to management 
    All she is doing is suggesting a meeting with manager about flexible working which going on my employers previous stance is meaningless 
    I feel so bad now 

  • Tori_Scope
    Tori_Scope Scope Posts: 12,506 Disability Gamechanger
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    I'm sorry to hear that @hugo51. Hopefully the meeting your your manager will go better this time. Could it help to write some notes beforehand to help you get your points across? 

    Do you mind me asking whether arriving 15 minutes earlier regardless of when you actually start work could help you avoid the crowds? I'm sure it depends on the nature of your job, and what causes the crowds of people. 
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  • Karen7788
    Karen7788 Scope Member Posts: 598 Pioneering
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    Hi @Hugo51,
    I got reasonable adjustments at work and I found this website very helpful:
    https://championhealth.co.uk/insights/reasonable-adjustments-mental-health/
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    I'm sorry to hear that @hugo51. Hopefully the meeting your your manager will go better this time. Could it help to write some notes beforehand to help you get your points across? 

    Do you mind me asking whether arriving 15 minutes earlier regardless of when you actually start work could help you avoid the crowds? I'm sure it depends on the nature of your job, and what causes the crowds of people. 
    I suppose it would do in morning but same problem would exist at finishing time when everyone gathers in canteen unfortunately 🥺
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
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    It does depend on the nature of your work @Hugo51, but I wonder if you could avoid the crowds by arriving/starting work 15 minutes earlier, but also leaving/finishing work 15 minutes earlier? So you'd be moving your day back by 15 minutes. 

    When I was in school I was allowed the reasonable adjustment of leaving classes 5-10 minutes earlier to get around more easily on my feet or in my wheelchair, without crowds. 
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  • Tori_Scope
    Tori_Scope Scope Posts: 12,506 Disability Gamechanger
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    That does sound tricky @Hugo51. How long do people tend to gather in the canteen for?
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  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    It does depend on the nature of your work @Hugo51, but I wonder if you could avoid the crowds by arriving/starting work 15 minutes earlier, but also leaving/finishing work 15 minutes earlier? So you'd be moving your day back by 15 minutes. 

    When I was in school I was allowed the reasonable adjustment of leaving classes 5-10 minutes earlier to get around more easily on my feet or in my wheelchair, without crowds. 
    Yea that’s the ideal adjustment I’ve asked for 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    That does sound tricky @Hugo51. How long do people tend to gather in the canteen for?
    Half an hour or so roughly 
  • poppy123456
    poppy123456 Community member Posts: 56,027 Disability Gamechanger
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    Hugo51 said:
    I requested reasonable adjustment of starting 15 minutes earlier to avoid crowds of people at work which impacts on my anxiety 
    employer or the manager involved said no but gave  no feasible reason why 
    HR accused me of not understanding how Reasonable adjustments work , upshot is an OH referral 
    will they be legally obliged to follow OH recommendations?
    this has all impacted on my mental health and I’ve been signed off work by my own doctor 😢
    I am reliably informed that under the Equality Act 2010, refusing reasonable adjustments is actually ILLEGAL, although I've been saying for most of the last 12 years that the EA is largely token because the government don't and probably never will enforce it IMO.


    It's not illegal and i'm not sure why you would think that. Adjustments only have to be made if it’s reasonable to do so.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    So an update, employers using my colleague as a reason not to start early to avoid crowds, even though that haven’t asked him and he’s happy to do it ☹️
    The fact that haven’t asked him is surely not fair ? ☹️
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
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    Hello again @Hugo51 and thanks for your update.

    When you say your employers are "using your colleague as a reason not to start early" can you tell me a bit more about what you mean? 

    It'll be helpful to understand exactly what's been said, and we'll do what we can to support you.  
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  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    Saying it impacts on whoever I work with as I have asked to start earlier to avoid the crowds 
    using it as a reason to refuse my request 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    Even though whom I work with happy to help me by starting early ☹️
  • Biblioklept
    Biblioklept Community member Posts: 4,763 Disability Gamechanger
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    Did you speak to ACAS @Hugo51? It doesn't feel right to use the other staff member as an excuse like that, especially if they're happy for you to start early! 
  • Hugo51
    Hugo51 Community member Posts: 53 Connected
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    I haven’t, my anxiety makes it hard to talk to someone I don’t know even on telephone ☹️
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,983 Disability Gamechanger
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    I hear you @Hugo51. Would anything, in particular, make this feel more manageable for you? For example, I'm not sure but is there an email address or a text number? Not everyone feels comfortable talking on the telephone and that's ok. If we can do anything to support you further, please don't hesitate to let us know  :)
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