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Changes while off sick/disability

8 replies

Bendyblue · 12/05/2024 12:01

If possible, I’d appreciate some advice Please.

I’ve been off sick for a while and now have a long term disability which is mobility related.

On returning to work I found I couldn’t get into the office I share with one other colleague. I waited until managers were in and then learnt that in my absence, a senior manager from another team has been using my workspace and was keeping it permanently. I asked where I could work and was told to use a desk in another shared office space but I could only hotdesk and have to bring everything I need every day. This will be impossible for me as I have a disability and use a stick to walk. Im not allowed to work from home. No one else from m my team is having to do this or has lost their desk/office/workspace. Is this allowed? Im worried it’s part of a plan to manage me out due to my disability.

thank you

OP posts:
Froniga · 12/05/2024 12:45

Bendyblue · 12/05/2024 12:01

If possible, I’d appreciate some advice Please.

I’ve been off sick for a while and now have a long term disability which is mobility related.

On returning to work I found I couldn’t get into the office I share with one other colleague. I waited until managers were in and then learnt that in my absence, a senior manager from another team has been using my workspace and was keeping it permanently. I asked where I could work and was told to use a desk in another shared office space but I could only hotdesk and have to bring everything I need every day. This will be impossible for me as I have a disability and use a stick to walk. Im not allowed to work from home. No one else from m my team is having to do this or has lost their desk/office/workspace. Is this allowed? Im worried it’s part of a plan to manage me out due to my disability.

thank you

Outrageous behaviour by your company.
By law they have to make reasonable adjustments that accommodate your disability. What they have done is made it impossible for you to manage your work day. Go home, get further sick note and tell them you’ll return when suitable office/desk provided. Contact ACAS if your not in a union.

DinnaeFashYersel · 12/05/2024 13:03

Ask for a meeting with HR and your line manager to discuss the reasonable adjustments you need to return your work.

It's reasonable for them to move your desk.

It's unreasonable not to provide you with storage space as you require this for support to return your work.

Put your request in writing and after the meeting ask for their response in writing.

You can also request a referral to occupational health.

Or ask your GP for a fit note.

ACAS can give you free advice if you need support.

JoyousPinkPeer · 13/05/2024 21:06

I agree with dinnaefashyersel.

Look up 'access to work' on .gov. Great if you want to be assessed so your workplace then knows what they should be doing to best support you. I have used them a number of times for employees and always been great.

Kitkat1523 · 13/05/2024 21:58

Have you done a government access to work referral?

Kitkat1523 · 13/05/2024 22:00

JoyousPinkPeer · 13/05/2024 21:06

I agree with dinnaefashyersel.

Look up 'access to work' on .gov. Great if you want to be assessed so your workplace then knows what they should be doing to best support you. I have used them a number of times for employees and always been great.

Cross post!
I’ve used them myself….very good service….got a new desk and chair and laptop riser and voice recognition software( including 2 teaching sessions) and a few other bits

NewLifter · 17/05/2024 08:20

What kind of stuff are you bringing home, surely not work documents? Have you asked for a lockable drawer, surely there's one going spare?

On a more general note, can you look for a WFH job?

Rosscameasdoody · 01/06/2024 14:18

OP Your employer has to abide by the Equality Act 2010 and make reasonable adjustment to accommodate your disability. You need an access to work assessment and also to speak to ACAS as soon as possible.

Having a disability means that you have protected characteristics. Taking your work space with no consultation and no consideration of your condition, and then suggesting an unsuitable alternative is direct discrimination, unlawful and could leave the employer open to a claim for constructive dismissal if it caused you to have to give up your job.

You need urgent advice. Link below to information about obtaining an access to work assessment.

https://www.gov.uk/access-to-work

Access to Work: get support if you have a disability or health condition

Get help at work, including an Access to Work grant, if you have a disability or health condition - eligibility, how to apply.

https://www.gov.uk/access-to-work

Rosscameasdoody · 01/06/2024 14:21

NewLifter · 17/05/2024 08:20

What kind of stuff are you bringing home, surely not work documents? Have you asked for a lockable drawer, surely there's one going spare?

On a more general note, can you look for a WFH job?

Neither of these suggestions is appropriate. The OP has protected rights as a disabled person and needs to be assessed under the Access to Work scheme, and the employer needs to be made aware of their obligations to make reasonable adjustment under the Equality Act. The employer is acting unlawfully and if the situation remains unresolved, leading the OP to have to leave, she would have an excellent case for constructive dismissal.

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