Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Is this Disability Discrimination?

31 replies

StripeyChina · 17/05/2019 11:14

I started a new job last Sept.
I attended using walking aids and stated that I was long term physically disabled (also single parent to a disabled child)
I said I could not drive long distances and clearly stairs difficult.

I wasn't informed that my desk would be upstairs and that I would need to use the stairs to access my desk / any clients, (also the toilet) so a number of trips a day at the minimum.
I was not told where the fire exit is (also ground floor) No Plan made.

i became cumulatively tired. I asked my line manager about adjustments but despite a OccH report (done in Oct at work request) recommending a ground floor desk it seemed it was 'not possible'.

I was signed off in Jan with stress, giddiness and nausea. I remain signed off.

Work commissioned an 'independent' report (as a result of my beginning a grievance) which states: 'based on her mobility issues, she is not capable of carrying out the role, regardless of what reasonable adjustments recommended'.

Why did they offer me the job when
a. they knew it was upstairs with no lift
b. they consider my mobility (stable) means i cannot do the job?

Is this disablity discrimination does anyone know please?

OP posts:
HappyHammy · 17/05/2019 11:22

Did you post about this before, was anyone able to offer helpful advice then.

Original poster
StripeyChina · 17/05/2019 11:35

I did sorry yes
but the Report statement is new and it seemed really dodgy
but i cant tell if that is just to 'me' iyswim?

OP posts:
NoBaggyPants · 17/05/2019 11:39

Is the independent report by an OH service?

You've two issues here:

They may have failed to make reasonable adjustments. Could you have been reasonably found a desk downstairs? If so you may have grounds for complaint.

This new report has given them grounds to dismiss you for lack of capability. Unless you can show the report to be flawed, that would be lawful.

HappyHammy · 17/05/2019 11:41

Why couldnt they give you a downstairs desk

Original poster
StripeyChina · 17/05/2019 12:00

They said it was 'not convenient' and would not do so until i had an access to work letter saying they must.

why would they they offer me a job upstairs when i was on crutches and then say i was not capable of doing it? It has caused me a lot of stress

OP posts:
Ohrobin · 17/05/2019 12:11

Is it worth contacting acas for some more advice. I would argue that they have to say why you having a ground floor desk is detrimental to you doing the job/the business and therefore not reasonable. If they can't evidence that then I believe its discrimination. The word reasonable is the key bit. If it will cost the business money or you physically can't do the job downstairs then it would be an unreasonable adjustment. If it's purely a office desk based job, I would think its reasonable to move your desk downstairs or even swap with another team so the whole team moves downstairs.

Ohrobin · 17/05/2019 12:12

I dont have a legal background but I am disabled so read alot of cases and that's the key word that crops up!

prh47bridge · 17/05/2019 12:22

Check if you have legal cover on your house insurance. If you do, contact them and see about getting advice from a solicitor who specialises in employment law.

NoBaggyPants · 17/05/2019 12:38

Could you have reasonably been found a desk downstairs? Ignoring what they said, is there free space downstairs where you could sit?

If it will cost the business money

Some expense to the business is not unreasonable. It's only when it becomes excessive that it is unreasonable.

Original poster
StripeyChina · 17/05/2019 12:42

There are 3 small rooms downstairs where I could see clients yes.

When the office admin woman was pregnant they let her work downstairs so it is possible

OP posts:
Original poster
StripeyChina · 17/05/2019 12:51

I have appealed the Grievance being rejected by the 'independent' consultant as there was no evidence offered to why it was unreasonable to let me work on the ground floor.
Work has just emailed me to say I must attend next week to discuss that with the independent consultant on 8 different grounds.
Totally fed up with this...

OP posts:
NoBaggyPants · 17/05/2019 12:54

Do you actually want to work there?

The difficulty you have is that, in legal terms, your employer is ticking all the boxes. That's what the independent consultant is doing, minimising any risk of tribunal claim.

LIZS · 17/05/2019 12:56

Did you follow up Access to Work? Otherwise it seems very little has changed.

prh47bridge · 17/05/2019 12:58

The conclusion from the occupational health report suggests that simply providing a desk downstairs would not be enough to allow you to carry out the role. If a downstairs desk is all that is needed it is hard to see how that would not be a reasonable adjustment. However, if there are other issues with the role related to your mobility (i.e. aspects of the role that you cannot do) it may be that the occupational health report is right.

As per my last post, you really need to see a solicitor who specialises in employment law and can give proper advice once they are in possession of all the facts.

Original poster
StripeyChina · 17/05/2019 13:15

NoBaggyPants
I do yes. But i cannot return to an environment that will make me ill again. I have a child to look after so cannot afford to become that ill again.

LIZS No because the CAB legal person advised against it.

prh47
my only legal advice is via the CAB atm. I dont have insurance provision or private funds unfortunately

Doesn't look good does it? :(

OP posts:
Jon65 · 17/05/2019 13:22

If you can't afford an employment solicitor speak to the ACAS helpline who are normally very helpful.

Jon65 · 17/05/2019 13:24

www.acas.org.uk/index.aspx?articleid=6074

Ohrobin · 17/05/2019 14:14

Surely if they can make adjustments for a pregnant woman they should be able to make the same adjustment for a person with a disability. Not sure how strong that argument is though.

HappyHammy · 17/05/2019 14:20

Would there be enough space in a room downstairs for you and a client, would it be safe, private. It may be different to a pg admin working alone with the door open. Did you tell them at interview that you needed to be downstairs with level access to a toilet.

Original poster
StripeyChina · 17/05/2019 14:27

Yes, there are 3 dedicated client rooms downstairs.
1 was used fulltime by the admin worker whilst she needed it.

I am very visibly disabled and clearly would struggle with stairs. I explained that I had been for some years now.

OP posts:
HappyHammy · 17/05/2019 14:37

If they have client rooms downstairs could you not just use those, are there other issues? Did you say you could not use the stairs.

Original poster
StripeyChina · 17/05/2019 15:59

I dont understand why i couldnt use them no.
I said I would try to use the stairs, once i saw them, 2 weeks after induction in another location (level access, where interview was)

But i got really tired. They were not interested in making any adjustments re my desk / seating at all. They nailed a piece of metal to the side of my desk and told me to use that to prop my crutches against (they kept falling over and were a trip hazard). Lots of eye rolling when i struggled. Even works Xmas lunch booked upstairs in a restaurant (downstairs avail but manager booked upstairs anyway) That didnt matter but indicative of gen approach

OP posts:
HappyHammy · 17/05/2019 16:38

Do you really want to go back there, it doesnt sound a positive place to work. How many weeks did you manage to work there, you've been off sick quite a while now are they paying you. I'd be inclined to find something else but I dont put up much of a fight unless I feel it's really worth it. What do you want from the grievance.

Original poster
StripeyChina · 17/05/2019 17:27

I was there for 4m.
From the grievance i'd like them to admit discrimination so no one else goes through it.
plus i have lost money as i'm only on SSP so i'd like some compensation - it has been very stressful and its made me quite unwell.

I dont see why i have to go back for a 2nd go with this 'independent consultant' ?

OP posts:
HappyHammy · 17/05/2019 17:38

maybe the second independent consultant will be able to tell you why they don't feel this is the right place for you, will it give you answers? do you really want to go back there or just get some money back and be able to move on to somewhere else.