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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To tell my boss I feel my job is untenable long term?

23 replies

PoesyCherish · 12/09/2018 11:28

I have a disability which I was clear about at interview. Since starting the role I have been pushing to get the support in place to enable me to do my job. I applied for access to work who said they would fund everything but my boss would have to pay for it upfront and claim it back. He's now saying he can't do that and won't put the support in place.

WIBU to tell him that in that case I feel the job is untenable. I don't want to go into too much detail about my disabilities but I feel without the support I can't do my job properly and my health long term also really suffers without things in place.

I don't really know what to do as he's so adamant they can't put the support in place I've been here almost 6 months now and not a single thing has been done to help me. My health is getting worse and I'm just feeling totally overwhelmed and fed up!

OP posts:

hedwig2001 · 12/09/2018 12:29

www.gov.uk/reasonable-adjustments-for-disabled-workers
It is my understanding that employers have to make reasonable adjustments. I don't think that he has a choice. The link will provide more information.

MrsStrowman · 12/09/2018 12:30

His position isn't legal, he has to provide reasonable adjustments

Jamiefraserskilt · 12/09/2018 12:47

He can get in deep shit for ignoring your situation. He needs to read up on the policy above. Do not leave and make it easy for him to ignore the law...unless you are prepared to fight constructive dismissal on the grounds of disability discrimination. When will these employers start doing what they are legally bound to do when it comes to disabilities?!

SinkGirl · 12/09/2018 12:52

He cannot just refuse. Clearly the adjustments requested are reasonable and will be fully funded. Maybe give ACAS a call?

Original poster

PoesyCherish · 12/09/2018 13:10

Is it reasonable though if the adjustments cost in excess of 8k? Couldn't they argue it's too much?

The twat (Sorry he's pissed me off today) has asked me to prioritise the recommendations. I can't bloody prioritise because each item helps with a different aspect of my disability.

OP posts:

MissusGeneHunt · 12/09/2018 13:16

I think @SinkGirl has it - call ACAS. Don't suppose you're in a Union are you, OP?

What about the Occupational Health and / or HR section of your work, have you contacted them?

In terms of the 8K, difficult to tell without knowing what the business is or their revenue stream - it has to be proportionate, I believe. Having said that, morally it shouldn't matter...and I don't understand why the payment can't be made and then claimed back. All a bit odd....

I feel for you - with multiple disabilities you must find it hard. Let us know how you get on.

SinkGirl · 12/09/2018 13:20

You could also call Access To Work, explain what’s happening and ask if your employer is able to refuse - I’m sure they’ve encountered this before

misssjw · 12/09/2018 13:24

Hello - is it a small employer that you're working for?

MissionItsPossible · 12/09/2018 13:27

I think it depends on the size of the business. If you’re being paid cash in hand to work at a corner shop: not much you can do. If it’s a limited business then yes absolutely they have to accommodate you and appalling that they wouldn’t.

misssjw · 12/09/2018 13:30

I don't know if I can disclose where I work - but the size of your employer matters here. If they are a small employer, access to work have a process to follow that may help. If they are medium or large, unfortunately they can not legally enforce the recommendations and you may have to seek legal advice/union rep advice - I hope this helps

Witchofwisteria · 12/09/2018 13:31

Are you certain he has to pay the cost up front? I wonder if hes kept the money and is not putting the measures in place that the funding is for?

AllyMcBeagle · 12/09/2018 13:33

Well, the adjustments have to be reasonable and cost can be a factor in determining what is reasonable (there was a case ages ago involving a deaf employee at the FCO who needed a big team of sign language interpreters and it was deemed so expensive as to not be reasonable). However, it will be harder for him to argue it's unreasonable if he can reclaim them, so the only cost to him is possibly a loan to cover the interim period.

I agree with others - speak to ACAS and possibly CAB, and obviously the union if you are a member.

Original poster

PoesyCherish · 12/09/2018 13:56

I am certain they have to pay upfront. I spoke to access to work advisor regarding this and they said there's nothing they can do their end if the employer refuses.

I don't want to disclose where I work but the employer has over 600 employees just on this site, thousands more based elsewhere.

OP posts:

Original poster

PoesyCherish · 12/09/2018 13:57

Ooh sorry meant to say, no union. HR feel the same - they are only willing to help if there is no upfront or ongoing help. Even occu health have said I need the adjustments to do my job as well as not be in constant pain but they just don't care.

OP posts:

hedwig2001 · 12/09/2018 18:33

I was going to get Access to work involved with my employer, as I am now visually impaired. My understanding is that the employer pays upfront, then Access to work pay back all but the first £1000. My adjustments cost less than £1000, so it wasn't worth bothering them.

Walkingdeadfangirl · 12/09/2018 18:43

How have you managed to do the job for 6 months, if the adjustments are necessary?
Can't you prioritise them arbitrarily and maybe your boss will start doing some of them. Might not be ideal but surly better than nothing.

JennyHolzersGhost · 12/09/2018 18:46

You are entitled to join a union as an individual and receive advice as an individual whether your workplace recognises a union for the purposes of collective bargaining or not, OP.
I would suggest you join the relevant union and seek their advice. Be aware that generally they won’t represent pre existing cases so if joining a union is something you would consider, do it before you take any official action.

TrippingTheVelvet · 12/09/2018 19:24

I'm guessing it is for a variety of physical aids specifically for you if they are a) reluctant and b) have asked for a prioritised list. Is it simply cost that's causing an issue for them? I know it can be very difficult but is there any way you can identify what impacts most significantly to the least? That's in no way suggesting that the least significant are unimportant though.

CheekyRedhead · 12/09/2018 19:24

8k is a lot for some businesses to pay, in one go. It might take a while to claim back hence him asking you to prioritize. Maybe he will do each item separately. Get paid back for one then do another?
£8k could wipe out company profit in one go meaning targets not hit and bonuses not paid. Doing it a bit at a time might be easier?

Original poster

PoesyCherish · 12/09/2018 20:24

@hedwig2001 if you apply after being there for less than 6 weeks access to work pay the full costs.

@Cheekyredhead I get what you're saying but this is a multi million pound international company.

@Walkingdeadfangirl but that's just it, 1) I haven't been doing my job properly (my boss has said on numerous occasions and I agree) and 2) I've been taking copious amounts of strong opioid based pain killers and crying myself to sleep every night because of the pain.

@TrippingTheVelvet it would be specifically for me for the physical aids and for the other disability too since nobody else in the group has that disability. I can't really prioritise it as one disability stops me from doing my job without the aids and the other as I said up above means I'm taking strong opiods and I know from previous experience without aids it gets progressively worse to the point where I have no choice but to go on long term sick- which I'd obviously like to avoid!

OP posts:

PhoebefromFriends · 12/09/2018 20:30

I don't see how this is tenable and it feels like constructive dismissal. Unfortunately I think because you have been doing the job without the aids they have made the assumption that you can cope but just aren't very good at the job, which isn't true but they seem ridiculously ignorant.

Di11y · 12/09/2018 20:55

Sounds like a clear case of constructive dismissal and disability discrimination.

RandomMess · 12/09/2018 21:00

What an arse!!!

Surely what the company is doing is illegal?

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