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

My manager asked me to move to another office closer to the region I now work in
Did he tell you to move, or did he give it as an option? I wonder because you later say that he told you you had the option to stay.

If you were told you had to move, then they are failing you by not providing with an adequate desk. You should raise a grievance.

If however it was a case of them saying that you could work from that office if you wanted to but couldn't promise a desk and your desk at the current location would remain, then I think it is different.

If you don't get any response from your local (PCS?) Rep, then escalate to the union HQ. I speak as a senior PCS rep for another department. You need to make it clear that your working conditions set out in the OH report are reasonable adjustments and that by continually refusing to accommodate them, the department is acting in breach of the Equality Act. It sounds as though your manager is supportive if a little ineffective so it could just be lack of knowledge of managing a disabled employee rather than a deliberate action against you. Do you have a disability network in your region? It may be worth contacting them if you have one and asking them to help as well as your rep.

in all those years, I haven't progressed either. I keep being unsuccessful for opportunities and the latest time, I was told maybe it was for the best as my current level is 'less stressful'.

My salary is good though, as are the benefits. my particular role is specialised and comparitive roles pay much less. So I'm stuck in a job I am unlikely to progress in and where I'm not getting any support.

Actually I tell a lie, I do get assistive technology. It's more attitudes and adjustments that are not equipment that seem to be the problem.

I was told I had to move, then later told I could stay where I was if I wanted to, but manager would prefer me to move. Sorry if its not making sense, I'm also trying to be a bit vague so as not to out myself too much.

No swingofthings it's not acceptable for OP to be stuck in one office if that makes her less effective at her job. It's not acceptable for someone's career to be held back because their employer has failed to fulfill their duty under equality law.

Also what would happen if someone with similar needs applied for a job directly at that office?

APerson I'm also shocked you've been told it's probably for the best that you didn't get promotions as your current role is less stressful.

I had some problems earlier this year, I got the Departmental Disability Adviser involved and she sorted it for me. I'm not sure who the equivalent person is at DWP as I'm in a different department. My manager was supposed to be the person sorting it but she wasn't remotely interested.

I don't know how well it went down that I went over all the local managers' heads though, I was at the end of my tether as I'd been waiting months and months.

living that's what I was getting at with the disability network. They are really good at intervening and getting these things sorted. Having said that I'm a hypocrite because I'm supposed to have a specific chair because of my back problems, and my manager doesn't know how to order it and I haven't chased him up.

none wasn't our network as our network was taken over by another network (with a different agenda) and are now useless, so I skipped over everyone and went to the person in charge of advice for the whole govt department.

I was going to apply for yet another promotion but I don't think I'll get this one either, they'll have me down as a trouble maker I'm sure.

I told my manager today that I was going to apply and she asked me if I was 'sure' as it's 'a lot more work'.

I'm truly fed up working here but as I said there is nothing out there with my salary and benefits (and I'm honestly looking every day)

OP you can transfer to a different govt department and you should keep your salary etc. Might be worth looking?

I don't think I can just transfer, I think I need to apply and I can't see any opportunities on the civil service jobs site, or intranet or any other job site.

Unless I change career completely, but that would mean starting from the bottom of the salary scale and I cannot afford that

Ah round here there's loads of jobs on civil service jobs site. Set up the alerts in case any come up.

I suppose the questions to ask yourself are:

• do you struggle with your current workload?
• is your condition exacerbated by work-related stress?

If the answer to both of these is 'no' then they are discriminating every time they make these comments.

I don't blame you for wanting to leave. It's that perennial dillema though isn't it, stay and stand up for your rights or leave for your own wellbeing.

No - the workload is manageable

Yes - one of my disabilities is mental health problems. Which came about because of work problems. I changed teams as a result, now my anxiety is flaring up again.

So the anxiety is not related to work load but how they treating you?

Yes, all anxiety attacks etc have been the result of work situations. I have seen an occupational health therapist who said this, resulting in an office move. But several years later, in this new role/team, similar problems are starting. My most recent OH report did not mention my mental health though but a previous one did.

I have other disabilities too.

Under the Equalities act, your employer has a legal duty to accommodate you. Have you looked specifically at the DWP policy? I, too, work for a large organisation and your issues would be covered by our Diversity and Inclusion policy and probably our Harassment policy, too.

Your stance will be strongest if you find that they're behaving in a way that contradicts their policy. As a previous poster mentioned, don't rely on your Union rep if you think he/she isn't up to scratch, go higher.

I very much hope that this is sorted swiftly for you.

I never thought about referring to the company's policies...thanks, I'll definitely try that.

What a farce! They will not be following their own policies, the are most likely breaking the law...

Keep quoting "reasonable adjustment"

I'd get some proper advice if I were you because it sounds like you have a strong case from at least two angles - failure to make reasonable adjustments and direct discrimination - repeatedly turning you down for promotion and telling you a new role would be too stressful for you.

If this was a small employer then maybe the softly-softly, probably a miscommunication, give them time to work it out approach would be appropriate.

It's the DWP! so -

1. They should bloody well know equality law inside out and back to front and they should know what could happen if they don't comply, especially now ET fees have been scrapped. They're a govt. department and if they can't at least make an effort to get it right then no other workplace will see the need to do so.

2. nothing at all is likely to happen if you don't push hard. They're a vast, inefficient organisation and it's like turning round an ocean liner to get anything done.

Whatever you decide to do though, your own health and wellbeing should be your main concern. From what you've said you have a strong case but these things can be incredibly stressful to fight.

I'd put in a formal 'request for reasonable adjustments' letter and see what comes of that, meanwhile get proper advice so you're well prepared if you want to take it further, both in terms of your rights and how stressful it might be to fight for them. Also find out what help might be available for people to fight for you, for e.g. legal aid is available for discrimination cases if you qualify on income grounds.

Also be aware of time limits. If you wanted to go to tribunal you have 3 months less one day to dispute any specific incidence of discrimination from the day that it occurs, including any time spent sending cordial letters back and forth, raising grievances etc.

Hopefully it would never come to that but just keep it in the back of your mind and beware of delaying tactics on your employer's part. You would have to go through ACAS to go to tribunal and they encourage mediation (which you don't have to agree to). You can continue to negotiate directly with your employer even after you have registered your case with ACAS but the time limit is strict so keep an eye on the calendar.

I got an email from my manager asking me if I'm "really sure" I want to go for the promoted post as interviewing and preparation will be "very stressful". She also said I should speak to the current post holder "to get as much information as possible before deciding to apply".

I'm really confused now. I want to progress in the company but I cannot determine if she thinks I am not able to cope, or if the higher level job is genuinely a shit one.

I didn't think of delaying tactics either so I will keep that in mind but surely an ET will take into account that I tried to resolve things informally, through union etc when considering timescales?

Have you thought about looking in other departments? Or registering with the civil service learning mentor service? I mentor prospective HEOs and it has helped them successfully progress. There's also the positive action pathway that helps women, disabled, LGBTQ and BAME staff develop.

I haven't heard of any mentor service? Can you tell me more?

The latest is that I'm on a 'waiting list' for a desk and I've to stay put until one becomes available. No timescale given but I have a 'nice desk' already in a 'nice office' so the wait should not be too much of a problem apparently

I'm torn as to what to do. I don't want to make enemies or be permanently labelled as a troublemaker, but at the same time I am very pissed off.