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Should i be pressured to accept a pay off re stairs not lift?

27 replies

ARoomWithoutADoor · 23/09/2019 14:56

1 year ago I interviewed for a job, returning to the workplace after 15 years. I explained that I was long term disabled and attended on my double crutches. I also explained that I am sole carer for my two children both also disabled. The job was 15miles from my home and I am not able to drive further regularly (for both those reasons).
My employer said they were happy to accomodate this and I signed my 1 year training contract (job came with 1 day per week at Uni and continuation of job depended on successful completion of course).
I was really excited as it is the bottom rung of a career path that would be very suitable for me as i have lots of transferable skills and as it is desk bound I could realistically work in this field until i retire.

Unfortunately, not only was there a lot more travel involved, my desk was on an upper floor of the building, with no lift, meaning I had to go up and down stairs, on my crutches, carrrying work equipment such as laptop also. The loo and some client time was on the ground floor. I was never shown the fire escape (ground floor) or given an exit plan.

I staggered on for 4 months but became increasingly run-down and ill and was getting giddy and nauseous with the extra pain and fatigue. The extra strong pain meds also slowed down my work rate slightly.
Work were unsupportive and my line manager (one of many) was really sneery and actively unhelpful. Things such as the Staff Xmas lunch were arranged for the upstairs of a restaurant and a competition my office team won was rearranged to be a physical prize.

My GP signed me off with stress and nausea and fatigue end Jan.
Work called me in today and told me: 'we cannot accomodate ground floor working, we cannot offer you another position (though was one which would be suitable) we suggest you accept a settlement of 2 weeks wages in addition to the 1 week you are entitled to, and that is generous, we'd usually only offer the 1 week'. This was done through a 3rd party agency. If i do not accept then they will continue with the 'welfare route' and demand another Occ H report, GP reports, Formal meetings, a number of attendances, and this will all be a cause of stress I could choose to avoid. I was told to decide today.

I have asked for time to think. I understand that i would waive my right to pursue a Tribunal but I dont know how realistic this is?
£700 in lieu of a chance to qualify in a new career doesnt seem much. The 3rd party woman asked me: 'what's the issue, do you get that tired in the lift?' I had to explain there WAS no lift, that was the whole point, which they knew when they employed me.

OP posts:
Pursie · 23/09/2019 15:02

You need to take legal advice. Try yesslaw.org.uk who do fixed price representation.

AvocadosBeforeMortgages · 23/09/2019 15:06

Are you in a union? You need legal advice; I would not be deciding today. They're probably hoping that pressuring you into deciding today will mean you forego legal advice and so don't discover whether or not you should be taking them to tribunal.

It seems a lot of this - not making reasonable adjustments - would fall foul of the Equality Act. What was said prior to you starting about you needing a lift / which floor you'd work on / the presence of a lift?

NoSquirrels · 23/09/2019 15:12

What was discussed at your initial job interview etc - did they promise you adjustments that did not materialise? Did you ask for ground-floor working etc?

They sound particularly shitty, honestly. Don’t decide today without specialist advice, whatever you do.

Interested in this thread?

Then you might like threads about these subjects:

ARoomWithoutADoor · 23/09/2019 15:12

i'm not in a Union, no.

I was not told my desk would be on an upper floor of the local building.
My interview and induction were at a different (HQ) location.
I didn't discover my 'upstairs desk' until about 3 weeks into the job.
They said I could have moved to the HQ location (too far to commute) but, oh dear, you've not qualified this year and we are a charity so we cant work out our funding for next year so we cant fund your course then either and no course = no job anyway'. This has dragged on for months and been really stressful. Sorry to sound a bit self pitying :(

OP posts:
wowfudge · 23/09/2019 15:15

You definitely need legal advice. Don't let them push you to decide today. They sound awful from what you've told us.

HerRoyalNotness · 23/09/2019 15:16

Shock. I’m gobsmacked a charity would behave like this but I guess arseholes work everywhere. Please get some legal advice before deciding anything. I’m sorry this has happened to you

Mumofjustboys · 23/09/2019 15:17

As a pp said, you should really seek legal advice on this. Im sorry youve been put in the position, they sound like an awful bunch.

HerRoyalNotness · 23/09/2019 15:17

When you say “work called you” who do you mean? Your line manager? Have you spoken to HR in the main office?

Kko1986 · 23/09/2019 15:18

Contact citizens advice and get legal help as you were hired with the issues known and they hired you knowing fully. There for I believe this would go to tribunal but do get legal advice and have your doctor keep signing you off

ARoomWithoutADoor · 23/09/2019 15:18

sorry HQ was level access and I was not informed my permanent location was not.
Yes, they were shitty, my line manager parked in the disabled space and I Had to around the back and knock on the back door (with the other trainees to be fair) but they were really crappy to myself and another (differently) disabled employee. High staff turnover, but I could have put up with it till qualification and then worked from home. That's all gone because they wouldn't let me use a ground floor room.

OP posts:
Wexone · 23/09/2019 15:20

I wouldn't accept this, take leagl advice, you were very clear and up front in the interview of your disabilty so they knew from day one what is required. This is a very measly offer, it might cause alot of stress however it might not as once they see you going to go legal they might change their tune. its shocking what they have done

Teacakeandalatte · 23/09/2019 15:20

Do you get legal advice on your home insurance OP ours gives this. I think you would probably have a good case but you need proper advice.

cowfacemonkey · 23/09/2019 15:25

Definitely get some legal advice before making any further decision. Tell them you will seek further advice before making a decision don't be pushed into making a choice now.

Jaxhog · 23/09/2019 15:27

This sounds like disability discrimination to me, not to mention constructive dismissal. If so, you could take them to the cleaners (which they would deserve).

Get legal advice before accepting any offer.

Good luck!

oonagi · 23/09/2019 15:28

Contact ACAS and ask their advice. If you were to go to a tribunal you'd have to speak to them first anyway

DuckbilledSplatterPuff · 23/09/2019 15:33

Agree with all the pps who say get legal advice and I understnad the ACAS website is very good too. As a charity they should be much more careful of their public image and treating differently abled people like this is awful. Your line manager sounds like a git. I would also ask for advice about how you could complete your qualification ( and make them pay for this) so that you can find better work elsewhere. Best of luck and don't give in to them.

LemonAddict · 23/09/2019 15:33

You've been off sick since January, what’s happened between then and now?

Have you had occupational health meetings/assessments? Meetings with work to discuss reasonable adjustments?

Have you sought any legal advice?

LemonAddict · 23/09/2019 15:35

Presumably you’ve stopped attending uni too?

DuckbilledSplatterPuff · 23/09/2019 15:40

There's a free helping at this website. www.equalityhumanrights.com/en/contact-us/equality-advisory-and-support-service
Good luck

ARoomWithoutADoor · 23/09/2019 15:50

I had to stop attending Uni as the job and course were completely intertwined. Uni kicked me off the course for missing sessions (whilst signed off by GP, however)
I missed a Uni session to see a Consultant about surgery. I put in a PEC at Uni (and it was signed off as okay, prior to my having the time off). My probationary period at work was then extended because of 'unacceptable time off'. I was told today that I'd 'failed my probation' - yet I was signed off sick before it was due to finish.
Last meeting at work was in March when I again asked for ground floor working / a transferable role / to return to work and just do the work i was currently trained for and re-start the course this Sept - and they said they'd look into it. I asked again and again between then and late July when they were 'taking advice and going to get back to me'.

It's a mental health charity. Clients can be treated poorly and there are lots of data leaks. Morale is low and corners are cut to get the next contract. It was a bit grim tbh, but the qualification meant a lot more opportunities for me and my children. Much more than £700 worth

OP posts:
Soontobe60 · 23/09/2019 19:14

Whilst I feel for you, I also think you've not been as proactive as you could have been. At interview, did you ask about where you would be located and if there was a lift or not? Also, why did you only find out 3 weeks in that you were located upstairs? At that point, did you point out that you were unable to climb stairs?
What reasonable adjustments have your employers made?

zsazsajuju · 23/09/2019 19:31

What is the reason they give for being unable to accommodate your need for a ground floor desk? Are they saying they would have dismissed you anyway (which would be problematic for any tribunal are).

Ultimately it’s not easy to take something to a tribunal especially without expert (thus usually expensive specialist help). You may be best to cut your losses

zsazsajuju · 23/09/2019 19:34

To be honest if they are saying you’ve failed your probation, you’re unlikely to get much from a tribunal as they will say you would have been dismissed anyway. Think you would be best to take a pragmatic approach

LIZS · 23/09/2019 19:35

I think you've posted before and had advice. Which avenues have you pursued to reach this point?

ARoomWithoutADoor · 23/09/2019 19:39

They are not saying they would have dismissed me anyway, no.
They are saying I am not medically fit enough to do my job at the upstairs desk which is, apparantly, the only one available.

It was perfectly clear at interview and on my application that i had long term mobility problems that compromised my walking, my ability to climb stairs, or drive long distances. I was not shown my office location, in a different building and town, until 3 weeks in. Why they failed to tell me both it was upstairs AND there was no lift or fire escape access (which they upheld in my Grievance), I dont know),
Perhaps because they cut corners in every other way?

I will get some legal advice, thank you to all who have suggested how to go about this.

OP posts:
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