Feeling let down by my union over discrimination at work

[LittleCarrot12]

Cannot see a work section so apologies if this isn’t best place. Wonder if anyone has any feedbacks on unions? I am in one but starting to think I’m not being advised well. If I’m honest I feel they are making it worse.

I think I’m being discriminated against. I’ve spoke to a few people outside work (HR manager and charity workers) who agree but my employer is being uncooperative.
Refusing meetings, not turning up, refusing to put anything in writing. The union have pretty much shrugged their shoulders and I feel I’ve followed their advice and ended up in a worse position. They agreed I had good case or I would not have pursued anything formally but now it’s being tense the rep seems worried about how senior management are perceiving him.

All internal for now but I feel quite lost. I did try to speak to CAB but they said union would be better informed.

This is all very strange

You have had no engagement with HR whatsoever?

What do you mean by the rep seems worried about how senior management are perceiving him. ?

Can't see if you have said that you have a disability?

Ok let’s explore the reasonable adjustments , what were they, the company has to do it if it is deemed reasonable, affordable, proportionate etc but they do not have to reject in writing or provide a written reason.

so the question here is you feel they are reasonable he does not . Ultimately only a tribunal can decide who is right.

are you sure the adjustments don’t impact other employees. The business can afford, they are proportional , will they cause any disruption?

if you feel it doesn’t impact others, the business can afford them, they are proportionate and will not cause disruption and will enable you to do your job like non disabled employees, and you’ve explained how your condition meets the ea, and how it impact significantly impacts your ability to do your job. Then you need to raise a formal grievance as next step.

the countersigning manager is your boss’s boss.

as a previous poster said keep track of what all has happened and email your boss and copy his manager in too asking for a written reply to your request of x date below. (attach in the chain).

have you been to occupational health? they can recommend you get certain equipment or whatever. the employer will then need to consider that. they look bad if they refuse to get you say software for dyslexia or whatever it may be. At that point hr would usually be involved.

There is no legal requirement for a written response, she can ask but they do not need to do it in writing,

Nothing much else to add other than you’re not being properly supported here and good luck. It’s horrible having to take it to the union in the first place but it doesn’t sound like they’re following proper procedures.

I think it's important to know what the role is and what the adjustment request is. I had a reasonable adjustment request once for someone to work from home (in a public sector front line keyworker type job) for 12 weeks to settle their new puppy in, to support their own emotional wellbeing. They tried to take that to the union when it was refused, their job requires face to face work and they had no medical diagnosis that stated they needed to hang out with a puppy (it wasn't a service dog) .

Former union rep here. Speak to ACAS to get things moving (you only have three months minus a day). Your union rep should refer your case to their legal
team - if they think there is a case, they should take it forward, but my experience of the union legal team was piss poor - they wouldn’t take on any cases if they could help it. People often used a lawyer via their home insurance cover - I saw several successful cases at ET when the in house lawyers said there was as no case.

I often wonder what I pay union subs for.

Anything verbally said, put in an email “just to confirm the key points from today’s conversation, Dave stated xyz. Please let me know if you’d like any amendments to this account via email”.

Yes this is a good idea, as said fhey don’t need to confirm in writing or give a written justification, but you can put what was said in writing and email it to them.

the union can’t do much here, you need to follow process.

explain your disability and how it comes under the ea.
explain the impact it has on your ability to do your job.
explain the reasonable adjustments required and the impact on your performance
explain why you feel these are reasonable, as in they will not disrupt the business, they won’t impact other staff, you will be able to do your job as per someone without a disability, and why it’s proportionate and why it’s affordable.

the latter they should do, but as they are declining it’s good for you to rebut

no one here can say it’s discrimination, as we don’t know the above details. A business can reject a request if they feel it is not affordable, proportionate, or is disruptive and impacts other employees. So it’s hard to say these are reasonable, and they should do it, this discrimination or no not reasonable

as said though, the union can’t do anything more than support and advise, the singular body who can decide is an employment tribunal.

so raise your grievance, give the above detail, and then they need to follow that process.

You pay them for people like me. I had an excellent track record of getting people off, dismissals overturned and misconduct cases downgraded. We tried hard but couldn’t do much about the legal team.

It really depends on what the adjustments are, why you want them. How it will affect the workload of other people and the smooth running of the business.

There is a lot strange about this.

A very large organisation
HR saying they won’t have anything to do with this.
Your union dismissing you essentially with a shrug

Contact your unions regional office. Local reps are often volunteers and can be intimidated by management.

Large company, surely this would be one for occupational health? Have you been referred for this?

This! Worked well in the past for me. Don't wait for acknowledgement of any conversation with your boss.

Is your request and employer's response in writing? I would appeal the decision (in writing) to your li e manager's manager or raise a formal grievance.

This. OP also hasn’t mentioned her job or the nature of the adjustments she’s asking for.

Also if she actually has a disability?

Which is telling in itself

To answer a few questions. I do have a disability. I have completed a OH assessment that recommended adjustments. I had to fight for nearly a year for this as my manager said it wasn’t needed but eventually he referred to HR who said it should be done.

HR are involved but they only send responses to him and he cuts and pastes sections to me so I’m not directly involved.

The union haven’t said they won’t continue. They will but my issue is that they rep is new and seems intimidated by my manager. My manager is quite senior - we don’t have anyone more senior in our office or in fact the country. For a long time he was left to his own devices which he liked.

Of course I’m not going to give specifics to my employer or disability. I’m not asking for advice on that but people experience of unions. It seems contacting the main office is the way to go.

Unless your disability is unique I can’t see how saying whay it is and the adjustments is outing.

which I’m afraid does make me think there is a potential you know they are not reasonable.

Of course I’m not going to give specifics to my employer or disability. I’m not asking for advice on that but people experience of unions.

Nobody is asking you to name your employer, but unless you tell us what adjustments you're requesting and why, and what you do for a living, nobody can really give you an answer as to why your union is behaving the way it is.

HR are involved but they only send responses to him and he cuts and pastes sections to me so I’m not directly involved.

Really? And this is a big company? With a fully formed HR? And they don’t copy in you? That is very strange