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 ?

Who is responsible for h and s? If you need a lift there should be a PEEP assessment. You need to refer back to OH.

I’d definitely diarise it, keep copies of any emails regarding this to show her responses when you flagged these problems, etc and report to WHS and HR. I would also be a bit suspicious that your boss might not actually believe your disability is genuine and might be trying to either catch you out or manage you out. If she makes it impossible, you could probably show cause for Constructive Dismissal. I would also try and keep all “talk” of this to emails and not discuss it in person. (Evidence trail.)

Have you spoken to Acas?

It sounds like your manager has a very poor understanding of disability and her obligations.

@Justilou1

Yes, I've sent copies of all her emails (and mine) to my personal email, so there's no chance they can go 'missing' from my work email !

@updownroundandround - just checking in to see if boss is still being a twerp or is being reasonable. (Have a vested interest…. Slowly progressive “syndrome” that I may end up needing to declare at some stage.)

[quote Justilou1]@updownroundandround - just checking in to see if boss is still being a twerp or is being reasonable. (Have a vested interest…. Slowly progressive “syndrome” that I may end up needing to declare at some stage.)[/quote]
You're best to declare it now & then it's not a surprise when you ask for an occupational health referral if you need one.

Your employer can play dumb to your needs without occupational health. This is what OP needed to focus on and chase.

@Justilou1

She's on holiday this week, so all quiet for now.

Union have been in touch though, and advised they'd like to be present at any meeting the boss proposes. They're quite aghast at seeing the emails and can't quite believe my boss has been so blatantly discriminatory !

I get the feeling the rep would love to tell my boss exactly where to get off !

So, for now, I'm still waiting to be contacted by Occ Health to arrange an appointment and I'll be sure to tell them I want to see and approve the report before it's given to my boss and HR (I have 10 days to do this).

Then it's up to the boss whether to agree to everything (which she'll hate !) or to arrange a meeting with me to discuss (But she won't be aware I've involved the union until she suggests a meeting).

Union also said I had a bullet proof case for discrimination, as almost everything was in writing. But they want to see if everything can be settled 'amicably' first. However, if my boss decides to NOT agree and to push a 'capability' case, the union will back me 110% and pull in Health & Safety, HR, National Policies etc

It's SO reassuring to have them have your back !

Very glad that the union has your back.

What an awful experience, but now you know that it is impossible for you to do a shift at the central hub this can be specified in the official plan for your reasonable adjustments. If your employers don't agree that excluding one out of 5 possible sites is reasonable then unfortunately they will have to terminate your employment, but they would have to show that being able to work at all 5 sites is an intrinsic and indispensable part of the job. If they go down that path then it's not discriminatory to terminate the employment of a disabled person whose disabilities make it not possible for them to do the job. But that doesn't seem to be the case here.

Which union is it? My union were amazing when I needed them.

Its a shame they haven't supported you in getting in touch with occ health preciously before an issue such as this has arisen. As there are several locations you can work from yes I'm sure with occ health report and union backing it'll be resolved.

I’m so pleased that the boss is away and enabling you to facilitate these conversations with the union when you need them most. That must be so empowering! This boss must have some kind of gripe or be on some kind of money-saving agenda. Either way, I think she’s in for a shock when she discovers that you’re not going to roll over and accept her bullying like a good little girl! I’m very proud of you!!!

Sounds as if OH need to carry out a new assessment for the new/different venue.

Out of curiosity how would you feel about a powerchair if a manual one is beyond your capabilities - via Access to Work of course?

Thats good to hear. Theres a woman in my place of work having her needs frequently ignored. I keep advising getting occy health back in and following up every conversation with an email, but she doesnt want to rock the boat.

My first thought was a power chair or a scooter.

It’s not as easy as gwt power chair or scouter which costs thousands. It’s having the car/car lift/car ramps to enable you to get them in and out. Even the lightest power folding chair I have is 4 stone. The man is advert can lift it I certainly can’t. So you talking changing your vehicle etc it’s not cheap or simple.

Hi @updownroundandround… I keep thinking of you. Just wondering how your situation’s going now the boss is back from work?

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 ?

Send an email (copied in to HR if you have one) saying something like

Under the DDA and Equality Acts you need to make reasonable adjustments for me. I am not able to walk x metres. Can you confirm in writing that I will not be expected to walk any further?

In the absence of a risk assessment prior to attuning I will make my own, informal assessment.

If I arrive and I am unable to walk the distance I shall be returning without attempting to walk more than x metres as this would put me at harm.

Sorry I have just read your update but yes keep everything in writing.

It might be worth your manager finding out when they can personally be held liable under the HASAWA, but I'd leave that tot he union, it's amazing how much more considerate a manager can be when they discover the £20 000 fine.