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Original poster

Employer not implementing reasonable adjustments-affecting health

28 replies

Rhinohides · 10/12/2023 10:38

I have a disability - my employer agreed to specified reasonable adjustments but doesn’t action them and is aware that lack of adjustments is having adverse effect on health.
Do I have any redress please?
If I end up going on the sick due to above will this sickness be discounted when calculating Batman scores? Thanks

OP posts:
Neveraga1n · 10/12/2023 10:42

What's a batman score?

ThereIsIron · 10/12/2023 10:49

Bradford score I'd imagine

Hipnotised · 10/12/2023 10:55

Batman scores 😂that's brilliant!

Anyway, do you have an HR dept you could ask? Have they said why they haven't implemented them?

Original poster
Rhinohides · 10/12/2023 11:13

Yes, Bradford scores- haha- flipping auto correct 😂.
They haven’t found the time, yet. It’s just they haven’t found the time in the past 6 months. They are aware that I am struggling and it’s affecting my health and they do not dispute that.
Havent discussed with HR as don’t want to get manager into trouble and/ or antagonise manager.
Thanks

OP posts:
PTSDBarbiegirl · 10/12/2023 11:18

You might not want to get anyone in trouble but HR is the way to go. Or straight to union rep if you have one, they have strong legal departments. Your managers don't seem to be very good at actioning agreed steps. When I was assessed the action to be taken was agreed, a time line agreed and a contact in HR kept in touch. Put your own needs first.

Purplecatshopaholic · 10/12/2023 11:22

They have agreed you need them but it’s now been six months. Clearly this is/will be affecting your health so you do need to take this higher and get it sorted. It’s very silly of them to acknowledge you need adjustments then not put them in place - speak to your union rep if you have one, and defo to HR too.

helpfulperson · 10/12/2023 11:36

What type of adjustments? can you arrange them yourself and just let your employer know?

Original poster
Rhinohides · 10/12/2023 11:39

Thank you @Hipnotised, @Neveraga1n and @Purplecatshopaholic
Based on what everyone says, HR is the way to go.
I think I knew that, but like many others on Mumsnet was trying to avoid confrontation
If I do go off sick due to lack of reasonable adjustments, does anyone know how it will affect my sickness record? LlIf I speak to HR then go off sick my Manager will likely manage my sickness in a very robust way.

OP posts:
AgnesX · 10/12/2023 11:39

PTSDBarbiegirl · 10/12/2023 11:18

You might not want to get anyone in trouble but HR is the way to go. Or straight to union rep if you have one, they have strong legal departments. Your managers don't seem to be very good at actioning agreed steps. When I was assessed the action to be taken was agreed, a time line agreed and a contact in HR kept in touch. Put your own needs first.

Where I work it's HR that drives this particular bus. All line managers have to do is make sure the budget code is correct.

So, get HR involved sooner rather than later.

Sorry, this was aimed at the OP.

Original poster
Rhinohides · 10/12/2023 11:40

No, @helpfulperson sadly not
All the ones I could do myself, I have actioned

OP posts:
Original poster
Rhinohides · 10/12/2023 11:50

Thanks @AgnesX

OP posts:
BG2015 · 10/12/2023 12:02

If you have a recognised disability then the Bradford score shouldn't matter, that's what my head teacher has told me.

And you're protected under the disability act.

Sisterpita · 10/12/2023 12:15

@BG2015 thats not entirely true, the Bradford score is a tool to identify when intervention maybe appropriate e.g. identifying reasonable adjustments. Adjusting the score that triggers action is a reasonable adjustment

@Rhinohides please raise this with HR, this is one of the areas they can really help as failing to implement reasonable adjustments is a risk to the business. It is therefore in the businesses best interest to implement asap.

Neriah · 10/12/2023 13:42

BG2015 · 10/12/2023 12:02

If you have a recognised disability then the Bradford score shouldn't matter, that's what my head teacher has told me.

And you're protected under the disability act.

There is no "disability act", and the Equality Act 2010 provides very limited ( actually almost no) protection at all.

Your headteacher is either very generous or very stupid. The Bradford score or any other absence management tool may provide some adjustments in the triggers, but it very definitely does matter because there is no legal protection of time off sick due to disability.

OP you very definitely do need to escalate the issue, but i hope you are in a union. We would argue that sickness arising from not making agreed reasonable adjustments should be discounted, but there is no legal right to that. In the majority of cases the law would probably be on our side, but there are never guarantees because every situation is different.

Original poster
Rhinohides · 10/12/2023 13:52

@Neriah - this is good to know, thank you
I think a call to HR is long overdue 😊

OP posts:
youveturnedupwelldone · 10/12/2023 14:29

What's the type of adjustment - does it involve the purchase of equipment for instance. Am interested in what kind of adjustment they think they don't have time to implement, because that stance makes them sound ridiculous!

The usual route to resolve these things is to follow your company's dispute/grievance process.

user628468523532453 · 10/12/2023 14:33

A failure to make reasonable adjustments is unlawful discrimination, so it's in the business's interests for HR to resolve ASAP.

If your health has been damaged by that discrimination, it would be imo foolish of them to take disciplinary action against you - but line managers often have zero knowledge of the Equality Act, so doesn't mean they wouldn't do it if they've already been discriminating against you.

Papergirl1968 · 10/12/2023 14:33

If it is equipment you need, e.g. a particular type of chair of keyboard, or, as in my case, noise cancelling headphones, Access to Work may fully or partly fund it.

user628468523532453 · 10/12/2023 14:34

Papergirl1968 · 10/12/2023 14:33

If it is equipment you need, e.g. a particular type of chair of keyboard, or, as in my case, noise cancelling headphones, Access to Work may fully or partly fund it.

Access to Work won't fund anything that constitutes a reasonable adjustment - it's to fund the adjustments that go beyond "reasonable" for the employer.

Original poster
Rhinohides · 10/12/2023 15:05

Thanks everyone
Yes, it’s equipment, so my manager has been too busy to purchase some and keeps forgetting to ask IT for software.
As this has gone on, my ability to manage and handle my disability seems to have gone- not sure why as my health has not deteriorated- hence my also asking about sick leave

OP posts:
Neriah · 10/12/2023 15:39

Rhinohides · 10/12/2023 15:05

Thanks everyone
Yes, it’s equipment, so my manager has been too busy to purchase some and keeps forgetting to ask IT for software.
As this has gone on, my ability to manage and handle my disability seems to have gone- not sure why as my health has not deteriorated- hence my also asking about sick leave

You are stressed - even if you don't recognise it - because you are trying to manage your disability. One of the things that stress does is suppress the immune system. Once that happens you get tired and run down, and more likley to pick up minor bugs (and major ones as well, but it's usually the itsy bitsy annoying ones that then lead to you being even more run down). That then means that it manifests in your weakest point - in your case the disability.

Been there, done that, got the T-shirt!

Original poster
Rhinohides · 10/12/2023 16:08

Oh @Neriah - I am so sorry to read this, I hope things have improved for you now?
And yes, you have just described me to a tee. I am normally a very healthy, active personnel, bit even minor illnesses are now prolonged and severe. My usual back pain is now off the scale and I have been told to avoid the gym because of thisInused to use the gym to help with my disability 😔

OP posts:
Neriah · 10/12/2023 16:19

Rhinohides · 10/12/2023 16:08

Oh @Neriah - I am so sorry to read this, I hope things have improved for you now?
And yes, you have just described me to a tee. I am normally a very healthy, active personnel, bit even minor illnesses are now prolonged and severe. My usual back pain is now off the scale and I have been told to avoid the gym because of thisInused to use the gym to help with my disability 😔

Oh not I am fine now - or as fine as it gets! But managing disability is, as you know, much harder than people think. It'd be easy to pack in the effort and sit on the sofa all day. Which many people do. But that just makes it even worse. But few people who don't have a disability get it, especially when they see you "coping".

furtivetussling · 10/12/2023 16:23

I'd just write a polite letter to HR, stating that x and y reasonable adjustments were agreed upon some months ago, and you were wondering if they had any news about when these adjustments are likely to be implemented.

Original poster
Rhinohides · 10/12/2023 16:47

Yes@Neriah - people just don’t get it! And as I put a lot of effort into managing well they don’t appreciate how draining it is.
Thanks @furtivetussling

OP posts: