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Original poster

Work will not make reasonable adjustments for me

51 replies

trunjler · 31/08/2022 14:43

I cannot go too much into specifics for obvious reasons. I have a chronic health condition which is manageable with certain reasonable adjustments which my workplace could easily accommodate (think working from home part of the week in a very standard office job that doesn't require any client contact, as an example). Work have known about this since April and despite saying they would put adjustments in place have done absolutely nothing. HR passes the buck to my line manager and my line manager passes the buck back to HR. I'm at the end of my tether and have just been signed off for 2 weeks with extreme stress which has in turn caused a major flare up of my illness.

Has anyone got any advice as I feel close to a breakdown over this. I cannot leave, I can't afford it and it's a massively niche role.

OP posts:
OverTheRubicon · 31/08/2022 14:51

You need to keep written records of everything. If it's a phone or in person conversation, afterwards write an email summarising your understanding of the key points and outcome.

Best to try and resolve internally, then go via a formal grievance procedure if you have one, and if that doesn't work, then make a claim to ACAS.

It's hard to know without specifics, but reasonable is a wide remit, and while it's unfortunately common for businesses to be overly (and illegally) inflexible, it's also quite common for employees to see things as 'reasonable' that actually don't meet that test from an employer perspective.

Have you had an operational health assessment? This is usually a helpful step all round, as they're usually external and can help set expectations.

Whataboutitthen · 31/08/2022 14:54

I got reasonable adjustments by having an occupational health assessment and they recommended a plan for the adjustments. It was still up to my manager to agree or not, but I think the fact that it was medical advice did help.

Original poster
trunjler · 31/08/2022 15:00

They said ages ago they wanted to speak to my consultant. I said no problem, put them in touch. They haven't even reached out to him. I'm so upset.

The adjustments are totally reasonable - it's not just that I think they are, they are literally the bare minimum.

OP posts:
Mabelface · 31/08/2022 15:01

A company can only reject reasonable adjustments if it would stand up in court in front of a judge. Ultimately, if they're only minor adjustments that won't impact the business, they're breaking the law.

They should have referred you to occupational health who can then give recommendations. Mine were initially refused after this, and after 2 grievances, mine are now in place. Speak to ACAS first. They'll guide you.

girlmom21 · 31/08/2022 15:03

Ask for a meeting with your manager and HR together.

Original poster
trunjler · 31/08/2022 15:09

girlmom21 · 31/08/2022 15:03

Ask for a meeting with your manager and HR together.

I've tried this MULTIPLE times. No one gets back to me. They literally flat out ignore my emails. My Line Manager works from home 99% of the time so I never see her. HR also works from home and he doesn't even have a phone number, just an email address. They literally ignore me. Today when HR replied saying "oh line manager X has assured me they have put in place adjustments for you" and I know my line manager has done no such thing, I just thought I can't do this any more.

I'm reluctant to see OH if I'm honest because my disability is very rare and they're not likely to understand much about it. If it's medical advice they want I'd rather they spoke to my own consultant.

I can do my job. I just need small adjustments put in, which they could easily manage.

OP posts:
Lulumo · 31/08/2022 15:12

You need an occupational health assessment who will contact your consultant if needed.My assessment was useful but they concluded I was too ill to work for many months.

I would send an email with all the facts to date and request a meeting on the first day back you are due to return from sick leave. I would refuse to work until you have met and adjustments agreed.

I went through similar I did end up leaving for a 100% WFH job and more part time due to a chronic illness. Although I am now facing “we would like you to come to the office one day a week request”. Given it’s a 3 hour round trip to the office it’s not good for my health so another battle is going to start.

They have no idea what it’s like working when you have a chronic illness because you have to financially. Take care and be brave.

magaluf1999 · 31/08/2022 15:15

Can you provoke a reaction by emailing both saying you are putting the reasonable adjustments in place for yourself as no action has been taken in a reasonable time frame. Ie if i don't hear back from you by Friday i will be working from home 3 days per week from next week as per the recommendation of my consultant.

I think id stop asking and start telling. You will provoke a reaction of some kind!

HGC2 · 31/08/2022 15:16

OH can speak to a consultant and use that info to recommend reasonable adjustments. it is worth doing this or at least requesting it all in writing as if this ended up at a tribunal it strengthens your case to have tried all options to find a reasonable solution. Start getting a file together in case it is needed, as for OH appointment and if you can trial the adjustments you require in the mean time.

abovedecknotbelow · 31/08/2022 15:17

trunjler · 31/08/2022 15:09

I've tried this MULTIPLE times. No one gets back to me. They literally flat out ignore my emails. My Line Manager works from home 99% of the time so I never see her. HR also works from home and he doesn't even have a phone number, just an email address. They literally ignore me. Today when HR replied saying "oh line manager X has assured me they have put in place adjustments for you" and I know my line manager has done no such thing, I just thought I can't do this any more.

I'm reluctant to see OH if I'm honest because my disability is very rare and they're not likely to understand much about it. If it's medical advice they want I'd rather they spoke to my own consultant.

I can do my job. I just need small adjustments put in, which they could easily manage.

Show quote history

You need the OH assessment, you don't have a leg to stand on if you don't.

trampoline123 · 31/08/2022 15:18

Tell them that you want them to appoint an occupation Health assessment.

I too have a chronic illness and was pulled up on my sickness which is judged via the Bradford factor and the same points as all employees.

I felt this was unfair to compare me to the healthy staff and asked for an occupational health assessment and they were so supportive.

girlmom21 · 31/08/2022 15:21

Did you respond to the email, with your manager in copy, and say nothing has been put in place?

SatinHeart · 31/08/2022 15:22

Agree with pp this is for Occupational Health to deal with, including contacting your consultant. See if you are able to refer yourself or whether your manager has to do it. If it's your manager then that's not ideal, but you just have to sell it as they make the referral, then it's off their plate.

Original poster
trunjler · 31/08/2022 15:24

abovedecknotbelow · 31/08/2022 15:17

You need the OH assessment, you don't have a leg to stand on if you don't.

Show quote history

They agreed in writing to speak to my consultant in respect of reasonable adjustments several months ago. They haven't done so. Nor have they offered me OH in that time - I haven't refused it.

OP posts:
Original poster
trunjler · 31/08/2022 15:24

girlmom21 · 31/08/2022 15:21

Did you respond to the email, with your manager in copy, and say nothing has been put in place?

Yes, and I've chased multiple times with 0 response other than to occasionally say x is looking into it.

OP posts:
girlmom21 · 31/08/2022 15:25

Teams call the HR bloke then get him to dial your manager in?

Original poster
trunjler · 31/08/2022 15:26

magaluf1999 · 31/08/2022 15:15

Can you provoke a reaction by emailing both saying you are putting the reasonable adjustments in place for yourself as no action has been taken in a reasonable time frame. Ie if i don't hear back from you by Friday i will be working from home 3 days per week from next week as per the recommendation of my consultant.

I think id stop asking and start telling. You will provoke a reaction of some kind!

Today I have essentially done sort of that but I have basically said as my reasonable adjustments haven't been put in place I have now been signed off sick with stress due to this

OP posts:
Original poster
trunjler · 31/08/2022 15:27

girlmom21 · 31/08/2022 15:25

Teams call the HR bloke then get him to dial your manager in?

Doesn't answer! Honestly it beggars belief. One time he said he would look into my reasonable adjustments immediately as an urgent priority, then went on (planned) annual leave for 3 weeks and didn't tell me, so I assumed something was happening and it wasn't.

OP posts:
Original poster
trunjler · 31/08/2022 15:28

They were also meant to do a risk assessment - didn't happen for ages then when it finally did happen I was never given a copy or any outcomes.

OP posts:
girlmom21 · 31/08/2022 15:29

Oh bloody hell that's shocking. Definitely join a union if you're not already in one!

SamLane · 31/08/2022 15:34

Plan your return to work.
Ask HR for company policy regarding returning. It should include a back to work meeting, phased return, reasonable adjustments, occupational health assessment, all to help you work. This meeting will give you chance to discuss and agree arrangements.
Are you in a union, have you contacted ACAS? - they will both support you.

You also must follow policy if you are to work with your company in arranging the reasonable adjustments you need. Union/ACAS will be able to give an objective view too.

Original poster
trunjler · 31/08/2022 15:36

Ask HR for company policy regarding returning. It should include a back to work meeting, phased return, reasonable adjustments, occupational health assessment, all to help you work.

There isn't one. Nothing ever gets accorded or agreed in writing in that place. I follow up everything via email for that reason but rarely receive a response.

OP posts:
Original poster
trunjler · 31/08/2022 15:37

Sadly not in a union. I did speak to ACAS but they weren't massively helpful to be honest - very nice, but not helpful.

OP posts:
ultraviolet4753 · 31/08/2022 15:37

Contact acas about non compliance with getting OT in and talking to your consultant.

If you think they might not know about your disability, print off various sources from relevant medical sites, support charities, physio /ot sites etc to help them understand. Lots of charities have guides on employment with the condition.

Don't forget you can apply for PIP while in employment and it is non means tested

thinkfast · 31/08/2022 15:39

Have you made a formal grievance OP? Have a look at your employer's grievance procedure and raise a formal grievance requesting the adhustments and complaining about the delay since April.

Hopefully this will prompt them into taking action, but if not, the next step would be to make a claim.