Is this Disability Discrimination?

[StripeyChina]

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?

Its not the 2nd Independent consultant.
They want me to go through it all with the first one again.
Been there, done that...

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?

Why did you take the job knowing that you wouldn't be able to deal with the stairs etc?
You were only there 4 months and now you want compensation?

I'm not surprised they want to go over everything in minute detail with you!

Your first post sounds like the toilets are upstairs. If so, surely being based downstairs and going upstairs to the loo would involve more stairs than doing it once and being based up there all day?

I didn't take the job knowing I wouldn't be able to deal with the stairs.

I was a few weeks into the job, having done the induction at the head office (level access) before I was shown my hub office with the upstairs desk. No one told me before that so i was well into my first month before i even knew.

Client rooms, toilets and fire escape downstairs. Desk upstairs.

You’re getting a tough time OP. I think it’s clear that your disability puts you at a substantial disadvantage and from what you’ve told me I think it would be reasonable for your employer to locate you downstairs. Do you think you could do the job on the ground floor? If so, I would proceed with the second meeting, and if they say No then I would raise a grievance. If your grievance isn’t upheld then I think you’ll need to involve ACAS or lawyers. Personally I don’t think this is going to work out I’m afraid, I don’t think they have shown any commitment to making adjustments. But I think currently they haven’t taken steps to make reasonable adjustments and as you will know, that is unlawful.

Thanks, MuchasSmoochas

Work have refused ground floor working (or any other help really). I eventually raised a Grievance and work passed this to a third party.
That 3rd party did not uphold the grievance. I have appealed this and been referred back to the same 3rd party. CAB tells me this is poor practice but not illegal and I should co-operate to take this further.
3rd party have said that my mobility probs are such that I cannot perform my job regardless of whether they make adjustments in their own Occ H report or not (chiefly Ground floor desk but many other more minor ones too). This is nonsense. They have made prevous adjustments for other members of staff and could do so for me.

So, why did they offer me the job: upstairs- no lift - no loo - no client rooms - no fire escape - when i was on double crutches and they knew all that and I didn't? (they've been awful to another trainee who is partially sighted too and they are thinking of bringing action I think)

Of course it was going to be an issue and I'm amazed I staggered on for as long as I did - but it has had a big effect on my health and my bank balance as well as damaging my confidence.