Reasonable adjustments

[user3819911]

Hi I am after some advice with reasonable adjustments

I work in retail in quite a physically demanding job

In 2019 I was diagnosed with cancer and when I returned reasonable adjustments were never spoken about. My manager at the time was useless and I didn’t feel supported.

In 2021 a new manager started and I explained that I found it difficult to work a full shift dealing with customers as we are on our feet all day with no option to sit and he said I could do the stockroom work as it could be done whilst sitting.

Now we have a new manager and a member of staff has requested reasonable adjustments due to a mental health condition. She has told our manager she can’t cope with customers and has to do the stockroom job away from the customers.

I don’t need to be in the stockroom all day just some of my shift but as she is refusing to face customers I am now doing the job and standing all day.

I am going home exhausted and I’m worried I am going to get ill.

But he can't give her the stockroom as her reasonable adjustment if you've already got it as yours (assuming only one person has this job). And he can't just take away any reasonable adjustments from you at all to accommodate someone else. That's not how this works. Anyway, is it a reasonable adjustment for her? I'm not sure it is, someone has to face the customers and if she can't do it at all, ever, then she can't do the job she was hired for. Reasonable adjustments aren't "we'll totally change your job and job description on your request".

Is there a chance the latest manager might not be aware of why you have that role and think that he's just shuffling people around? Would a discussion with him go anywhere do you think? Are you in a union? If so I'd talk to them, and if not I'd talk to ACAS because I think this comes under "failure to meet reasonable adjustments" for you now (disclaimer: IANAL).

Have you told the manager that that was your reasonable adjustment?

New manager may be unaware of guys medical history and/or agreed reasonable adjustments.

I recommend speaking urgently to your manager and explaining the reasons he adjustments in place and that you believe you still need them.

Say your are willing to complete an updated occupational health assessment to support your needs and document the adjustments

It's not clear from your post whether you still have a disability that is likely to be covered by the equality act? Have you recovered from cancer or are there still ongoing symptoms that amount to a disability?

That said I agree with @SisterMichaelsHabit, the workplace adjustment put in place for the other member of staff doesn't seem reasonable, surely you can't work in a shop and never work face to face with customers.

The equality act considers a cancer diagnosis to be covered under the disability act. You don't have to have symptoms or consider yourself disabled by your cancer to be covered. Being in remission is exactly that - it's dormant as opposed to cured.

Apologies I meant equality act not disability

I am going home exhausted and I’m worried I am going to get ill.

Ill with what? Yes your cancer qualifies indefintely as a disability under the Equality Act, but that doesn't mean that a reasonable adjustment is forever. It may be. It may not. Only a tribunal could determine that. It seems your issue is that you can't stand all day - but couldn't you be customer facing and sit, because a seat is a reasonable adjustment also?

I'm sure we had this exact scenario a few months ago from the perspective of the manager??

The advice was cancer is a lifelong disability under the equality act and nobody would be able to change the reasonable adjustments in place, and it's not reasonable for the second member of staff as it would leave nobody out front.

Yep, I recognise the scenario too.

https://www.mumsnet.com/talk/work/4962504-reasonable-adjustments

Have you read the replies on here, OP?

I'd imagine the most reasonable split is one of you does am and the other does pm.
Or they put a stool out where you are working with the tills or at the changing rooms etc.

It's not reasonable for the other person to never be customer facing if that's the role she applied for.

You’ve not been very clear, have you communicate that’s your reasonable adjustment? Seems the solution is you need to take it in shifts to be in the stock room, she will need to come out at times so you can go in. Why can’t you be in there together?

It isn't true that adjustments can't be changed. Life changes all the time. Sometimes you need more support, sometimes you don't need it anymore. Every situation is unique to now, not once upon a time or maybe in the future... but yes I thought the scenario was familiar too/

Well that’s a bit odd.

No I probably wasn't clear, I mean nobody would change one person's reasonable adjustments based on another member of staff. That wouldn't be reasonable.

Yes I agree. But if the needs of the business - which could be triggered by other changes- require them to be reviewed, that would be permitted.

Where I work reasonable adjustments are actually reviewed annually. Because nothing stands still. It's very good practice to sit down and talk to someone about how the adjustments are working for them and for us. And I find it makes people with disabilities feel valued and supported. And I say that both as a person with disabilities with reasonable adjustments, who manages others with disabilities who need reasonable adjustments....