Discrimination in the workplace

JimE
JimE Online Community Member Posts: 4 Listener
edited April 22 in Work

I have been with my employer for 7months, they are a not for profit company working in the care sector.

At first then job seemed fab and I had my access to work assessment and funding and then an occupational health assessment early October 2024.

My adapted chair was delivered, it's the same one I have at home and an agreement for a dedicated workstation in a hot desking environment.

They didn't communicate any of this out to the teams using the desks and my chair has been used, abused and adjusted 30 times out of 37 days in the office, it's slowly infuriated me and I went to my line manager and hr and no joy.

The story is long but has anyone had a similar experience and took this to Tribunal after ACAS conciliation??

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Comments

  • SarahT41
    SarahT41 Scope Member Posts: 51 Contributor

    Yes I absolutely have dealt with this.

    1. Put an embarrassingly big sign on the back - mine says SARAH'S CHAIR, PLEASE DONT ADJUST
    2. Sent out an email to everyone. This doesn't have to be too personal, but something like "[Friendly greeting] I have a disability, and so I have this chair to make it possible for me to work without being injured. When it gets adjusted, it takes a long time for me to get it right again, which takes time away from being able to work. If you have a medical condition that makes having a chair like this one helpful you can speak to occupational health. Thank you so much for your support." Not only does explaining it make people understand why not to use it, colleagues have been able to intervene when I'm not there to remind people.
    3. Even with a sign, sometimes people don't look. My colleague suggested wrapping hazard tape over the arms when I'm not there so you physically can't sit on it. Felt a bit embarrassed but it was effective.
    4. If that isn't working, is there somewhere you can store it that is not in front of a work station?

    I hated having to do all this but as you say without communication people just arent going to get it.

  • SarahT41
    SarahT41 Scope Member Posts: 51 Contributor

    Also, has your need for the chair been outlined in a risk assessment? Presumably it's in an occupational health report but ask for a risk assessment. I've lost count of the number of times my boss has asked me to do something, I point out it is on my risk assessment that I can't, and that's the end of it. The OH report tends to be a recommendation that they can choose to listen to or not, but risk assessments seem to be much more robust.

  • JimE
    JimE Online Community Member Posts: 4 Listener

    Thanks for the reply, I had an Occ Health assessment and they advised a dedicated workstation was advisable.

    I attended Facilities meetings and highlighted Access to Work would pay for a desk as well as the chair but they said they had a spare height adjustable desk so they would tag it onto a bank of existing desks and put signage on it to say not to use it.

    This has been ignored every time and I have flexible working where I do half a day in the office and end the day at home, but I feel the vultures staring when I leave and they are using the desk and chair.

    There was damage to my chair and that was the final straw for me, I asked my manager if he was going to do anything about this or should I just raise a grievance as nobody seems to care. He didn't take that comment well and from then he became aggressive in his style to me and began to find fault and say I was too negative.

    The chair was eventually adjusted where I ended up with serious health concerns regarding pains in my legs and hip, I went to an urgent appointment with GP and then referred to urgent checks with consultant.

    I was told to keep a diary record of foods, drinks, water intake and environmental info and exercising styles to identify the flare-ups. I ended up with Shingles with the stress and spent several weeks at home and the flare-ups went, so my consultant reviewed my diary and highlighted all flare-ups were linked to being in the office. He asked me to measure my home chair as it's been setup in alignment with new one in work and the calibrate them to see if different.

    The office chair was way out and caused me a lot of pain, worry, stress, frustration and anger at how inconsiderate people are.

    I have now raised a grievance for discrimination as to failure to make reasonable adjustments, victimisation and harassment and my line manager has went sick right away.

    I have a formal agreement for my dedicated desk and I have raised the stress and concerns and nothing done.

    Time for a new job I think, but I'm stubborn and want them accountable

  • JimE
    JimE Online Community Member Posts: 4 Listener

    P.s no risk assessment appears to have been actioned, I have requested a SAR and highlighted in my grievance that they have failed with the legal responsibility for my health and safety and asked to see Comms relating to risk assessments as the policy states all reasonable adjustments that are agreed will have an initial risk assessment and periodic follow ups

  • Girl_No1
    Girl_No1 Online Community Member Posts: 324 Pioneering

    @JimE I'm sorry you're having these issues at work.

    As others have said, a risk assessment is the route to resolving most of the practical issues.

    However, you are experiencing what I did in terms of negative responses from colleagues who resent your 'special' treatment within the workplace.

    This, I believe, is a major issue that has been massively ignored in Labour's fairytale world where employers are falling over themselves to employ disabled people. They have not factored in, or they have factored it in and just ignored, negative responses from colleagues that impact substantially on the disabled person either physically or psychologically.

    I'm glad you have the mental strength to pursue all the channels open to you regarding the harassment and victimisation you're experiencing.

    Keep us posted as to how that goes. x

  • JimE
    JimE Online Community Member Posts: 4 Listener

    @Girl_No1 thank you, yeah I was thinking the same, I think some of these politicians should go undercover and see the challenges are faced in the working environment.

    I will keep you all updated on where it all ends up :-)

  • Holly_Scope
    Holly_Scope Posts: 2,455 Scope Online Community Coordinator

    Hi @JimE I'm really shocked and disappointed to read about your experience. I'm pleased you've taken further steps. It will be good to know the outcome. I wish you all of the best with it.

    Best wishes,

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