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If a complaints procedure states a complaint must be made in writing

11 replies

fleshmarketclose · 25/05/2019 17:45

Can the establishment then refuse to consider the complaint when it is sent by email? I am partially sighted and so rely on a back lit screen and large font and don't write letters because it's laborious and hurts my eyes.
I have repeatedly asked for them to make a reasonable adjustment and advised that they could print the email attachment themselves if they need the paper form.
I realise I will have to print it myself to get them to consider the complaint and I will do that but surely in writing doesn't specify a letter and isn't the need to make reasonable adjustments required universally now?

OP posts:
LilyMumsnet · 26/05/2019 10:16

We're just giving this a bump for you, OP. Flowers

AuditAngel · 26/05/2019 10:27

I would be advising them that you require them to make reasonable adjustments, in accordance with disability discrimination legislation.

beargrass · 26/05/2019 10:29

I can't see how they could refuse. You're writing it yourself and the only time it can be tricky is where someone wants to make the complaint over the phone as then there can always be room for it somehow not being captured properly.

You sending in an email would be a reasonable adjustment, I would think

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Celticdawn5 · 26/05/2019 10:39

If you are in The UK ,Reasonable Adjustments are covered by the Equality Act and I’m as sure as I can be that there is no requirement that you have to notify your employer in writing but would advise it so there is a paper trail should you wish to take the matter further but an email should be sufficient for that purpose.
I presume you have had meetings with your manager to discuss your specific needs and any official meetings documented.
If you are a member of a Union then they can support you.
If you are in the UK then Access to Work could possibly help too with financial aspect of equipment or work coaches.
ACAS are always good to approach for work advice too.

Celticdawn5 · 26/05/2019 10:40

I meant to add, also ask for referral to Occupational Health

Celticdawn5 · 26/05/2019 10:42

Whoops realise I have misread your post and you wish to make a complaint and yes, I agree email should be OK but I’d probably add a mention about the Equality Act to make them take a bit more notice .

EggysMom · 26/05/2019 10:43

Write email
Print email
Post email

They only say that it has to be in writing, not that it has to be formatted as a formal letter.

wheresmymojo · 26/05/2019 10:52

Generally speaking "in writing" includes emails since it doesn't specify the format. Even notwithstanding the 'reasonable adjustments' under the Equality Act an email should be accepted.

Given then the 'reasonable adjustments' that should be made for service users who have any form of disability on top of this I don't think they have a legal leg to stand on in this case.

Plus - they're being dicks. That's not a legal opinion. Grin

nikkylou · 26/05/2019 10:54

Anytime I have asked for someone to send me something in writing, wherever I have worked has accepted email (and would probably think it a little strange if someone posted a letter).

All we want from it per we is something we can file, that clearly has the details we want. So at my current place, if someone has an address change, we can save a copy of their email on to our system as a record that they asked and we changed it as directed.

If your company is insisting it is a letter rather than an email, can you not type this out in MS Word and print out? I dont think this is wholey unreasonable for them to have a properly formatted letter rather than an email if this what they need.

Surely they are not insisting this is a hand written document? If they are they should be making a reasonable adjustment. But perhaps they just need it hand signed?

fleshmarketclose · 26/05/2019 11:08

I have already stated reasonable adjustments three times and been refused, they are aware of my circumstances they do know how much extra effort it will take for me to get a letter posted.
If I tell you that the establishment I am complaining to is a special school then you would know how bizarre this is. It's especially bizarre because they hand delivered me a letter telling me they wouldn't address any complaint not in the required format of a letter as per their complaints procedure but complaints procedure only states "complaints to be made in writing to HT"
I wrote a formal letter as a word document and attached it to email. HT's email is available to all parents. She has obviously got the email and read the complaint because otherwise she wouldn't have been able to refuse to address it.

OP posts:
fairweathercyclist · 26/05/2019 11:10

Print off the email and put it in an envelope and hand it over and ask for a receipt. Also change the end of the "letter" to say that due to their delays and failure to comply with the Equality Act you now expect a response within 7 days or you will be taking it further and that in the eyes of the law "writing" includes emails. There is plenty of case law to that effect.

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