Boss ignoring my disability adjustments

[updownroundandround]

My boss seems to have decided that she will ignore the fact that I am disabled and have in place some workplace adjustments.

Last week my boss told me to work from a specific workplace which I knew was outside my capabilities. I sent an email detailing my capabilities, and asking whether I would need to walk further than x meters from parking/ entrance/ break room/ bathroom etc
They sent back an email saying ''There's disabled parking and a lift''

I replied, again seeking assurance that I wouldn't need to walk further than x metres, and telling them that walking further would cause me excessive pain and would exacerbate my condition.
But again, they refused to answer and sent another breezy ''Just take your time !''
They are ignoring me when I detail my limitations and ask specifically if a workplace setting is within my capabilities (walking distances, accessible toilets etc), and dodging the issue entirely by refusing to answer direct questions and instead saying things like ''Don't worry, there's disabled parking !''

Upshot was, I felt I couldn't refuse, even though I KNEW it was impossible for me, and I was thoroughly humiliated by having to slowly walk HUNDREDS of metres, in extreme pain and sobbing, past DOZENS of my colleagues and members of the public !

I've contacted Occupational Health and my Union, but what can I do the next time my boss tells me to go to a workplace that's not within my capabilities ?

What have occ health and union advised?

If they provide disabled parking, a lift and adapted toilets I'm not sure what else you expect them to do? Reasonable adjustments are legally required but that doesn't mean renting you a different office. Where do you normally work or has your condition changed significantly since wfh? Be proactive and make suggestions about what would enable you to do your job eg could they provide a mobility scooter from reception to your desk?

How long are you expected to work at that specific location?

Can you make a formal reasonable adjustment request in writing?

It's really important to have a paper trail of these type of requests. For example; during meeting on the 20th February I asked Joe Bloggs for a reasonable adjustment of XXXX and it was denied due to XXX.

You can find some information here

www.citizensadvice.org.uk/work/discrimination-at-work/taking-action/asking-your-employer-for-changes-to-help-if-youre-disabled/

Calm down.

I am disabled by the way.

They have offered disabled parking, disabled lift and I assume there are accessible toilets and ramps - all good.

If you experience pain walking around an office etc, then the question is whether you have told them this before (with proper detail), whether you have had an occ health assessment (request one if not) and whether you've had an individual risk assessment (again request one if not).

It's a two way process. You need to give them the information they need to then be able to support you. Saying you experience pain, is not enough info.

How long have you worked there? Have you spent the entire time working from home (and assumed you still would be able to?) Have you had a new manager appointed who may not know your needs?

Also consider asking for a reasonable adjustment passport that you can take from manager to manager

If you knew that the other workplace was outside your capabilities, I am wondering why you didn't just say this straight away instead of asking questions? That would have been the far easier option for everyone involved.

Going forward, if the adjustments were agreed by OH check if they apply to all your workplaces especially if working in different places is a regular part of your job.

Did your reasonable adjustments encompass the distance able to be walked? If they did, and the workplace didn’t comply then you have a case. However, disability legislation and case law turns on what is “reasonable”. There may come a point where they can make a case that you’re not able to do the job and terminate your contract - legally. I’m a solicitor.

I've had reasonable adjustments removed by my employer previously. My union were no help, and there is no definition of what is a 'reasonable time' to restore adjustments. This related to me being moved to work from a different building to my usual one.

After 10 yrs of consistently not having my needs met, I now understand that an employer can do anything they like and you can't make them comply. As you have Occ Health, you are more likely to get support from that direction. check company policy and how soon they should make changes once OH says you need them. This is the only route to go down. Good luck.

I think if you had got there and saw the distance knowing it would cause you that amount of pain you should said no and gone home. I’m Disabled and people don’t get it, if you say you can’t do something and then DO it however much pain or crying you are in. All they see is you DID it. If it is just distance then could they not have a wheelchair at reception for you? If it’s a big enough workplace, although would need someone collecting you from carpark if it’s to far to push yourself. Similar if you get PIP and can’t walk more than set amount then using mobility payments for scooter/car hoist could mean difference between staying in work or not.

The Government have plans make 1 million disabled people in work next 5y or so but sadly there doesn’t seem to be any push for employers to put plans into action but just on disabled people to adapt or not fail.

If you can only walk a few meters don't you use a wheelchair or some sort of mobility aid?

For example how would you access shopping centres, cafes etc?

My ds has a physical disability and he has access to disabled space and a pass for the lift. They also have a separate risk assessment for fire evacuation for him.

@gogohm

We have 3 other workplaces which I could have been sent to, which are all accessible to me, but instead of putting me to any of those, she insisted I go to the only one where the toilets/changing room/ parking/ break room are all too far away for me to access with my mobility limitations.

E.g having the toilet for an able bodied person 2 miles away wouldn't be considered 'reasonable', would it ? So why is it OK that the disabled toilet is too far away for me to get to ?
It's NOT enough that there is a disabled toilet on the premises, it's got to be accessible to the disabled person too.

Having disabled parking is great, if it's actually accessible, and the disabled person using it can actually manage to walk the distance from there to the entrance etc. But what am I supposed to do when the only 2 disabled spots are filled ? (As there are only 2, and they are open to the public too)

@itsgettingweird

I became disabled over 5 years ago, having previously been hale and hearty, with an excellent career, family and social life.

My life has gradually shrunk, bit by bit, leaving me where I am now.

I don't ever go out 'socially', so no cafe's or shops. I have a wheelchair, but I need someone to push me in it, I can't use a self propelled one.

I drive an automatic car because I can't use a manual one.

I have changed jobs 4 times in the last 5 years, gradually decreasing the physical demands required of me. First it was no more 13 hr shifts, then no night shifts, then shorter daytime hours, and now in a job which is very light physically and can be done seated for 95% of it.

I have various home adaptations done after an Occupational Therapist assessment and I'm on a lot of different medications.

I have a walking stick I use at work for the short distances I need to walk.

I only work and sleep. My husband does all the cooking/laundry/cleaning/cooking etc as I simply cannot do these things any more.

It takes me every ounce of energy (and a lot of pain medication) to be able to continue working, but I am capable of doing my job ! I just need a couple of 'reasonable adjustments' i.e a bit longer to set up, an hour break, and to work at a physically accessible site (Of which we have 4 to choose from. It's only 1 site that's not accessible for me)

I have always been open and honest, including during recruitment, about my disability, and work knew about it all along (although it was only last summer that my immediate boss became aware).

@Akire

I feel you.

I'm just not sure how to go about things if she 'insists' I go there again

If I refuse, will that be seen as me being 'unreasonable' ?
Or as my boss being 'unreasonable' and engaging in 'disability victimization/discrimination' ?

If there is a choice of workplaces and she’s only sending you to one that’s being unreasonable. Could you ask doctor for “fit note” for time being. They should be able state you can work when you don’t have walk further than X from carpark or to bathroom. If they can’t accommodate that then you have to be off sick.

Ask for occupational health review they will be able state what you can or can’t do. You may also qualify for some access to work support. Though of course jumping through hoops for both. I’d expect a reasonable sized company to not be so difficult. Did you say you are member of a union?

This explains how it’s Health and safety at work responsible to protect their employees health including not making pre existence by conditions worse. If you say doing something causes pain and worsening of condition they can’t make
You carry on doing it.

www.hse.gov.uk/health-surveillance/occupational-health/index.htm

Find a job that is home based, that's what I did.

the key word in all of this is 'reasonable'.

There are things that your employer can do, but there are also things that you may want that just won't be possible.

You need to put your needs and concerns on paper and request an OH assessment and AtW assessment too maybe.

I'm both disabled and HR qualified so I can see both sides.

Could you get a motorised wheelchair? Am thinking of you not just within your working environment but outside of this too? Would this not open things for you more?

@heelforheelandtoefortoe

Although there are disabled toilets etc at the venue, they are unfortunately not accessible for me due to the walking distances involved to reach them, same with the 2 disabled parking spaces, they are hundreds of metres from the only accessible entrance to the venue for me (i.e the only entrance without stairs), and the only lift available is apparently often not even working (and it's a few hundred meters from both the entrance and where I would be working, so again, not accessible for me)

Unfortunately, I work for the NHS in a clinical capacity, and so have no option of home working at all.

Why did she need/want you to go to this particular workplace?

You do need to bear in mind that adjustments need to be "reasonable". If you're asking for things that make it impossible for you to fulfil your duties (ie be where you need to be) you put yourself in a precarious position. That said, I'd hope a business could be flexible enough to allow you to work at the sites that do suit you.

Why did she need/want you to go to this particular workplace? am thinking of people I know in community clinical posts, on Mondays they offer clinics in town A, Tues town B, weds in town C etc.
Is there clinics on every day in the location you can access?

@MichelleScarn

I can work in 4 out of 5 of our hubs, it's just the new 'central' hub which is inaccessible for me.

I think she initially did it because she couldn't be arsed coming out to my hub to see me, as she wanted to discuss a work thing with me (but why she couldn't have phoned or video called me, I don't know !) and because it would have meant cancelling a couple of appointments at the other hubs to keep within my previously agreed 'disability adjustments'.

Also, although the cancelling of a couple of appointments at another hub would be a pain, she gets the clinic lists approx 2 weeks before I do, so she should have known my clinic wasn't needed 2 weeks earlier, and could have amended another clinics list to suit my 'adjustments' in plenty of time, thereby freeing up an able bodied member of staff to go to the 'central' hub ?

All I'm asking for is a level playing field, which I had until this new hub opened, but now it seems I'm an 'inconvenience' ?

If they changed your working conditions to a new hub which alters previously agreed reasonable adjustments then I'd be arguing that.

Sounds like you have some very clear ideas of adjustments they can make (Eg video call) I'd be putting them forward as it's harder to argue against evidence it can be done a different way.

You absolutely need to chase your occupational health referral.

There should be a risk assessment for each site. Are there any side entrances or clinic rooms nearer the disabled facilities?

No, all other entrances, including staff entrance have stairs.

There are no clinic 'rooms' it's just a huge open space with small dividers for each member of staff (like the big Covid hubs), and wherever I was put, I'd be too far from toilets/ staff room/ changing room etc. I'd also need an assessment for fire safety etc as everything except the work area is up on the upper floors, so only accessible for me by using the lift (which can't be used in a fire, obviously, so if I was in the loo when a fire broke out, I'd be toast !)