To consider a grievance

[APerson]

not sure whether I should raise a grievance?

I'm disabled, employed full time, in a large well known company. It's customer facing. I've had mixed experiences of support. In the local offices I've been treated badly but for the last few years I was at HQ where the support has been great. Organisation proudly calls themselves a disability confident employer. I feature heavily on all their diversity material.

My manager asked me to move to another office closer to the region I now work in. The office is the second largest after HQ but there is less space. Desks are all very close together and it is very busy.

The office has fixed desks (a set number per department) and six bookable hot desks

I cannot hot desk due to my multiple disabilities. I need a certain type of desk and in a certain location of the office. This is in my OH report.

But 5 times now I have been told basically "you can't sit here"

Our call centre department don't want me getting one of their desks because there is a waiting list for one and why should I be bumped up?

Two people from HR (yes HR!!) told me off for sitting in their seats when they had booked them out (but the facilities manager had told me to)

Accounts don't want me sitting with them in case I see confidential information

And the facilities guy won't allocate me one of the hot desks because they are in demand.

I raised all this with my manager who said she would raise it "if you want me too" and I had the option to just stay put instead. I could but the new office is actually nearer home and anyway why should I give in?

My union rep is on holiday but I'll try to get her to help. She's been useless in the past though.

Do I raise a grievance or hold off to see what my manager manages to do?

I hope this isn't too identifying! I did name change but please no one out me

You have been asked to relocate to another office, but your employer is not providing you with a suitable workstation that is prescribed by OH? That seems like madness on their part!

I think it would be fair to allow your manager time to resolve this (maybe a week), but then I'd definitely be raising a grievance.

Speak to your manager and make sure they understand your point of view. You have articulated it well in the post above - it is probably through ignorance, not malice, that it are not being treated well.

If that doesn't work, go through the HR channels.

I forgot to add that I was told to try out different desks to see what would suit me best.

I block booked one desk for a week. Today I checked my emails and there's one from the desk booking website we use saying my full weeks booking has been cancelled.

And who would I even raise the grievance against? HR or facilities as each is blaming the other

Correspond with HR by email so you have proof in future. If you have a discussion verbally with someone re the situation, confirm it with an email saying, 'as per our conversation today....'
Ask someone via e-mail if you will be getting the workstation you require as per OT within a week. If they say no respond with, 'just to confirm, you have told me I will not be getting the workstation I am legally entitled to'...
If it's all in black and white I think you'll be sitting very comfortably at your desk in no time

This is your bosses problem to sort out, who to raise the grievance with is also her problem, HR or facilities she is your manager and should be managing this situation.

Send her an email, copy in the union rep explaining in detail all the issues you have had and refer to the OH report. In the email you could say this is an opportunity for informal resolution, you know she has always supported you well in the past and you are sure she will do so this time, give a deadline by which you expect an update, or you will need to raise a grievance and speak to a solicitor.

In my experience emails like that tend to get stuff done because it's in writing, dated and it mentions the legal implications whilst being polite and reasonable.

As above, put in email, and be reasonable but firm.

You would be well within your rights to raise a grievance. I agree it's a very good idea to start getting things in writing.

Also is there anyone at HQ you could ask to support you? You said they've been very good making adjustments and if they're plugging their diversity credentials they should be interested, especially if it looks like you might be about to make a fuss.

They could also arrange training for the regional offices, it's obviously needed.

You could give EASS - 0808 800 0082 or ACAS - 0300 123 1100 a call to talk over your options.

I agree with poster above that it sounds as if ignorance rather than malice. Talk talk talk to your manager. Do keep a diary but talk first before getting all formal.

Hot desking brings out the worst in people, in my experience. I have a fixed desk and people can be really funny about it. It's not just frustrating but actually quite upsetting to constantly feel like you have to justify your existence.

To be honest, I would have thought your manager should be sorting this out for you, but that sounds very unlikely.

I think I would email both the HR and facilities person, copying in your manager, and say you require a fixed desk as a reasonable adjustment and that legally your employer needs to make the adjustment in a timely manner. You don't need to give them details of your disability or any information you aren't comfortable with. I'd also add in that you think it might be appropriate for you to be given disability leave until they are able to put your adjustments in place. I'd list all the problems you've had so far too.

If that doesn't work, your employer should have a grievance procedure for you to follow.

Just because your union rep is off, it doesn't mean you can't contact the u.io. directly.

Ring their office with your membership number, they will find out which full time officer is allocated to your workplace (employed by the union directly), and they will help you.

*union

Could this be discrimination arising from disability, as per the equality act?

I would also raise this with HR and management saying before you start down the legal route (phrased better though) you'd like to give a chance for this to resolved. State what you need and give a shortish deadline for it to be dealt with before it's escalated.

I'd go down the formal email route just to reiterate and collate everything in writing before formal grievance. Keep it polite but educational. Yes its a PITA but if you think its ignorance rather than malice fueling all this, then education might actually result in a positive outcome where as a grievance always has potential/ risk to create hostility.

Consider copying in all the managers you report to, the person incharge of desk allocation and any senior level staff who've been obstructive i.e. accounts.

Got an email this morning saying the desk that I had booked at this new office has been cancelled (I had booked a desk because I have meetings there and because I wanted to try out a potential desk).

When I questioned HR about it, they emailed back to say that it's because the desk 'belongs' to another team. This desk cannot apparently be allocated to anyone else due to the size of that team and the lack of other desks available apparently (never mind the numerous other offices we have in the company...)

So I forwarded the email to my manager and her manager and advised them that I was now going to get my union involved. I then emailed the union (who haven't responded yet).

I also told my manager (honestly) that I was considering whether to look for opportunities elsewhere. But I'm now panicking that this was a silly thing to say/do.

Have you asked for a list of desks you can use? I feel like there's a lot of miscommunication going on.

I can see a list of desks available at each office on a floor plan and I've visited the premises so I have a good idea of ideal desks.

Just to clarify, is your manager saying that you don't have to relocate if you don't feel that the arrangements in the new office are suitable? Or that you will just have to relocate regardless?

My manager wants me to relocate as due to the nature of my role, I need to work closely with other teams who are based in that office.

I could stay where I am but co-locating with those teams makes sense (plus its a shorter commute, closer to home, but I'm not going to use those arguments)

I don't want to stay where I am just because its easier for others in the sense that they get to keep their desks!

it's the DWP I work for - so much for access to work and disability confident etc!

What did your manager say in response? Telling her you're thinking of leaving will probably have her running scared anyway (if she has any insight she should be worried about a tribunal for constructive dismissal under disability discrimination if you leave your role).

Anyway, while this is a shambles and not acceptable, I suspect as pp have said that it's out of miscommunication, various parties not understanding the rules and booking systems in place and failure of anyone other than your manager to understand that your needs are different to other employees and that they have a duty to accommodate you.

TBH I wouldn't have gone with the union option just yet, but maybe it'll mean your manager will get off her arse and fix things.

I'd ask for a meeting with her (with or without union rep) and make sure you are both clear on the issues; e.g. You wish to work at the new office, as suggested, but so far your need for reasonable adjustment under the DDA has not been accommodated. Re-state what your needs are (desk type and location) and ask her how the two of you can make sure they are met.

Give her a week or so to sort it out, if she fails then I'd raise a formal grievance.

Sounds like you need a permenant desk identified for you (that maybe other people could book on to if and only if you're not planning to be in the office on a particular day)?

Shit. Have you mentioned the words 'equality act' and 'employer's duty to make reasonable adjustments' in any of your communications yet? If not it's probably time you did.

EASS has two letters you might find useful, one for requesting reasonable adjustments and one for raising a grievance if they fail to provide them. You might also want to send them a link to this guide or print out some relevant pages.

Good luck, I can't believe they're being so shit.

DWP? Any big govt. dept. should be fully aware of their duties.

Don't accept staying where you are as a reasonable adjustment either, if it's not what either you or your manager want. Apart from anything else it could affect your career progression.

You'd think HR of all departments would bloody know the law, especially as they have several equalities folk in the team. In fact I'm very well known in the organisation (in our particular region) having worked there for so long, yet I'm STILL having to tell people what my needs are, people who have known me that long too. It's exhausting and depressing. Yes I've mentioned the equalities act (it's not DDA anymore).