Disability and workplace problems

[StripeyChina]

After 15 years out of the workplace (combi ASD kids and my own health) I started a new job in Sept. It was a trainee position - I was way overqualified when I last worked but a big gap meant I was happy to have a fresh chance in a related field) I explained that I have major musculoskeletal issues (attended interview on double crutches) and am single parent to two kids with ASD. They said: 'happy to have you'.

But... it turns our that my physical working conditions arent great. My office is upstairs and there is much more travelling than I'd been told.
Work insisted on an Occ H report in Oct but have not actioned any of it. I became more run down, (anaemia and exhaustion) and was signed off. Work has been really sniffy about this.
They called me in for a meeting last week (said they would 'come to the house' if I refused to come into work) and spent an hour telling me that I needed a new Occ H assessment as I had 'illness not disclosed at interview'. I explained that my illness is a result of them not actioning the stuff in the existing Occ H report (see below) and they said there were not prepared to until I arranged Access to work and only if AtW also supported it. They said they wanted more medical evidence than my GP's sick note. After an hour I said I felt ill and wanted to end the meeting. They pushed me to sign the OH form there and then and have already phoned about it today.

Just re-read Occ H report.
Says my lower limb conditions count as a disability re Tribunal.
That I should have ground floor room as no lift and im on double crutches), individual fire assessment (i don't even know where fire escape is?), time off for medical appointments, shorter day, adjustment with workloads, no requirement to drive except 15m distances. None of which I've had.

Can anyone advise, please?
I am now on SSP but can't last for long on this. I am worried about resigning as cant claim UC then. They don't seem keen to fire me but won't offer conditions to work in that don't make me ill?

Sorry, that was a bit long.
Forgot to say: just had results of my PIP assess and i scored 10/12 on mobility so retain my Blue Badge so can't see how they think working upstairs with no lift is okay as i have an ankle Op due and will be in plaster for 2 weeks (they were not happy to give me time off for either my MRI or to see the surgeon)

That sounds difficult, did you disclose your disability on your application form and at the interview. Did you have to provide a summary of your medical condition for o.h. I dont know what they mean by illness not disclosed at interview, is the anaemia related to your disability. Is there a ground floor office available for you to use, they must have known someone on crutches couldn't get up and down the stairs, how have you been managing. You should know where the fire exit, fire alarms and extinguishers are, did you have any sort of induction to the job. The o.h. report are recommendations, can you look up the ACAS site and see what are reasonable adjustments and their responsibility towards you. What sort of work is it, have you been able to work there at all, maybe it's better to look for something where they are more understanding and able to meet your needs. Can you claim disability benefits.

Yes full disclosure at interview and medical reports for OH report too.
They knew about the stairs yes. No induction to that premises.
Manager smirked about the piece of metal for the crutches - awful.

I guess I'm just confused how i go back when i know it will make me ill again. My GP wont sign me off forever but if they wont make adjustments I cant manage for long. I suppose i could go in and say: 'no, no stairs, ground floor room or i will go home'? Would they just fire me for that though?

Is it really worth the heartache this job will cause you, they dont sound a very nice bunch. What sort of work do you do, is there something else a bit more rewarding.

Have you asked about this before?

Have Access to Work done a workplace assessment?

Can you make suggestions for adjustments? I'm unsure what they / you want. It sounds a bit lazy by the company or they are just waiting for you to tell them what you need. Maybe you need to be a bit more pro active?
If there is an downstairs office, ask to be moved there. If there is driving involved ask if x or y could do the driving while you do some of their office based work? Ask who the fire warden is and have a chat with them...
Just fine comb the OH report and think of practical says to implement it. Than request a meeting and present the changes. Communication is key you can turn this around.

CAB tell me there is a really long wait for access to work in this area.
Plus they were confused why Co want access to work to pay for a special chair yet I can't access it (without a great deal of pain) so pointless?
At the meeting i asked them to put Occ H recommendations into action (ie let me use a ground floor room) - they said it was 'too difficult'. But it really focussed on them insisting on a 2nd OH report for my 'new' illness. I dont have a new illness - i am physically exhausted from trying to manage in an unsuitable work environment and then trying to get the meds balance right to cope with this.

They are not a 'nice bunch' and staff turnover is high.
But I won't get UC for 6m if I resign, so I need them to let me work in suitable environment, or let me go.

You should self refer to AtW asap. Speak to ACAS - do not leave. This is discrimination and they must make reasonable adjustments. ATW is over and above reasonable adjustments though, your work has q duty of care.

Gven that they are at least making the right noises you really need to follow through on the advice previously given to contact Access fir Work yourself and use OH. If you don't they could make you look unreasonable. However as it is having such an impact on your mh and physical health, and you feel it is a hostile working environment maybe you would be better starting to jobseek while signed off, have your op and move on.

Are you in a union? Your employer could get grants through Access to Work to make adjustments to your place of work to make it right for you. It's discrimination to treat you as they are doing simply because you are disabled, if they sack you & get taken to a tribunal under unfair dismissal the chances are that you will win. Keep copies of any documentation about your occupational health assessments, doctors reports etc & don't leave voluntarily.

I agree with Ylvamoon, it is unclear what you want and what the company is absolutely refusing.

The original occ health report made many recommendations which put all together seems to amount more to giving you a, different role/hours rather than adjustments.

Are you asking for all of these to be actioned or have you negotiated as to what you really need and what you can do?

A desk on ground floor is totally reasonable, an office of your own might not be. A reduction in travel might also be but no travel at all over a longer distance when this always part of the job and so something you agreed taking the job might not be reasonsble.

Your employer could get grants through Access to Work to make adjustments to your place of work to make it right for you

The employee has to instigate this not the employer.

Swing work have told me that there are no other suitable jobs so they cannot offer that adjustment.

they can't let me work in a ground floor room as 'it's too difficult logistically for us'.

I cant apply for shorter / different hours / home working until 12 months employed (I've been there 5)

They can't offer any alternative to working all time back for any medical appointments.

All that will happen is that I will have to go back and they will fire me over performance (targets also not being adjusted according to OH)

They can't offer any alternative to working all time back for any medical appointments.

Are you allowed to take appointments unpaid? They dont have to pay you for them.

Have you applied to access to work?

I think CaB May be talking crap about Access to work.

I have 2 disabilities which are supported by a support worker. Both were sorted within a week or so.

Special equipment took a bit longer, about 4 weeks.

You phone them directly and they sort it out on the phone there and then. There is no waiting list. It’s ususlly contact with a branch office.

I'd suggested unpaid time off but apparently not okay (weird)

I could only find an online application for AtW. Is there a link to a phone number?

I'm still not prepared to keep struggling up and down stairs on crutches though.

You need to phone ACAS and talk to them re appointments. I know they dont have to pay you but not sure if they're allowed to make you make up the time.

www.gov.uk/access-to-work/apply

'it's too difficult logistically for us
Have they explained why? This is the part they knew at interview would be an issue for you. Did you raise concern though as soon as you were told where your desk will be?

I did raise concerns, yes. I found out two weeks into the job (did induction somewhere else)
I emailed my line manager in January asking for specific adjustments - could I use a room downstairs - could I use a desk against a wall so I could lean my crutches so they didn't fall over and I had to bend to retrieve them? she didn't reply, just screwed a piece of metal to the edge of my existing upstairs desk and told me to lean them there.
There are 3 small therapy rooms on ground floor - they are used by other therapists so I'd have to move around with my laptop (fine by me, I can access the loo then, I am right next to the fire exit, I can have 'movement breaks'). But, 'too difficult' - but they let the admin person do this last year when she was pregnant and found the stairs painful.

IMO they'd prefer it if I left. I'd prefer it if they fired me.
We are at a stalemate.

www.gov.uk/access-to-work/apply You can apply online or call the helpline.

Are you willing to take it to tribunal? The fact they've done it for other staff shows it's not that difficult for them.

Yes, I would consider Tribunal.

They have been endlessly petty with me.

ie I've been moved from rooms where i was already working when other (able bodied) people have 'needed them' and had to go to far end of building then told off for 'being late' for my meeting in rearranged room. Work activities (training, xmas lunch, performance related award jolly) has been in venues with no lift access and I've been criticised for not taking part.None of that matters, or is provable.

But I have not had a chance at this job. They query all my medical evidence (even PIP letter / blue badge) gets an eye-roll and they certainly could make alterations they just don't want to?

I am £1K 'short' this month and it's affecting my mental wellbeing now. I don't want to go back to this atmosphere no.

Could I only take it to Tribunal if they sacked me though?

Could I only take it to Tribunal if they sacked me though?

Not necessarily no. However, you need to firstly follow their internal grievance process to raise your concerns formally.

You’ve articulated well on this thread how you feel they’re being unreasonable and directly discriminating you due to your disability.

Check their grievance policy but it will like request you put your complaint in writing. Keep it factual and use dates and examples of occurrences where you have been penalised.

They / you could involve ACAS to help mediate this situation.

Your argument is how the adjustments being requested, in your opinion, are “reasonable” and in their opinion, they feel they are not. It’s up to each party to put forward the reasons why and try and find a middle ground.

If you can’t achieve an agreement, either they will dismiss you for capability ill health (unable to fulfil contract) or you’ll resign.

It’ll depend who’s got energy / resource / time / month to push their argument to “win” either whilst employed, or post employment (either by resignation or dismissal) through a tribunal.

*money not month