Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Advice needed please

2 replies

user89009877 · 11/04/2024 20:06

Hi

I have a long term health condition that causes fatigue and due to this I find working a shift standing the whole time quite challenging and as part of my reasonable adjustments when I returned to work I asked if I could do some of my shift seated which was agreed. Due to the set up of the business there is only space for one seated job.
I also reduced my hours from full time to part time so i now work 5 half days as a 10 hour day was too much (including commute) and only a 1 hour break to rest.
Another colleague who has recently started also has a condition that causes fatigue and as part of her reasonable adjustment has said she also needs to be seated for her entire shift. She works full time and it has been agreed she will have extra breaks paid (our breaks are unpaid) to help with the fatigue so she has two 30 minute breaks so she can work a full day.
Due to this I am now doing my full shift standing and I am finishing work feeling exhausted, I spoke to my manager about how I am struggling and he is ignoring me and just keeps telling me that due to my colleagues disability he has to do what occupational health have said.
Can someone please help with how I should deal with the situation please?

OP posts:
dreamfield · 11/04/2024 23:27

Are you disabled in the Equality Act definition? It sounds likely. Have you had an OH assessment? If not you need to get them to arrange.

Failure to make reasonable adjustments for you is automatically unlawful discrimination. There is no defence available for it. You need to get professional advice asap as you have a 3 month limit to take disability discrimination to tribunal.

Treating a part time worker less favourably than a full time worker is also unlawful.

They also have a legal duty of care to you. Sounds like your manager doesn't have a clue about any of his legal obligations.

Are you a member of a union? Have you had OH involvement? Speak to your union, get OH to assess, get advice from Citizens Advice about disability discrimination, speak to Acas about how to resolve this with your employer, check your home insurance for legal cover to get solicitor advice that way.

user89009877 · 12/04/2024 14:30

Thank you @dreamfield that is helpful advice

I have had a OH assessment although it wasn't recent, I think it was around 2 years ago. I am not a member of a union but will contact Acas. My illness is covered by the equality act.

OP posts:
New posts on this thread. Refresh page