Redundancy restructure and disability

[Gunkle1]

Hi all.

My company are restructuring the role I do. We have to undertake an assessment centre to compete for the roles.

With the restructure the area's we cover is changing, and travel is needed around this area. When you look at the new areas you can see they have been made up based on where people live, although they have said this is not the case, but others are behaving that they are getting the areas closest to them.

I am awaiting OH and have raised that I believe the areas are already decided for people, but the area closest to me has a major city which on paper isn't far but due to the need to travel on the busiest motorway in my country it can take 2.5 hours. I have raised that my disability would impact me being able to take this role as fatigue and stress can cause a flair up.

I have been told we have to pick the areas we wish and the person with the highest score at assessment centre will get their first choice.

I have raised that if I don't score high enough at assessment centre, which I expect I won't due to my disability and the format and location of assessment, that I will either have to take an area that I can't physically work or lose my job, all because of my health. My manager did comment yeah that might happen. But then quickly changed his words.
Surely this isn't correct and would be direct discrimination.

I have worked with the business for over 2 years successfully with many accolade and positive feedback.

You mentioned 'the busiest motorway in my country' - are you in the UK?

Just asking to see whether UK employment law would apply or something else?

Isn’t discrimination when you get treated worse than someone who doesn’t have the same characteristics? Aren’t you being treated equally?

isn’t this they are not making the adjustments you’ve requested?

Are you in the uk?

Ignore the posters who clearly don't know anything about the Equality Act.

I think you should speak to Acas in the first instance. And your union if you're a member (if not, join for the future as they could have supported you with this).

I have raised that if I don't score high enough at assessment centre, which I expect I won't due to my disability and the format and location of assessment,

They have to make reasonable adjustments for you in the assessment process to protect you from being disadvantaged. There are also provisions against discrimination arising from disability, e.g. scoring you down for periods of disability leave or needing reasonable adjustments.

What changes would need to be made to the assessment process to put you on a level footing?

Although if you're not in the UK, it would have been helpful to say that.

As PP has said, assuming you're in UK, you are entitled to request reasonable adjustments at the assessment/recruitment phase.
So have a think about what you need in order to have an equal chance and put it in writing. You mention the format and location. What format do you need? Which location will be best suited for you eg. remote etc

which area are you covering currently ? Can you just ask as a reasonable adjustment to maintain that area or to be home based - I assume the area you are currently covering is further afield in which case they may see it as doing you a favour to allocate closer

You really shouldn’t advise on things you know nothing about.

Apologies all.

Yeah I am in UK. Scotland to be exact
I currently cover an area with 50% within 30 mins of my house. With some about an hour away. The new area I believe will be given to me would give me one location 20 mins with the rest at least 1 hour to 2.5 hours, although distance isnt much, its literally stop start. I am and will very home based but can't do the main bulk of the job from home and need to be in the locations about 75% of the time.

The assessment centre is 300 miles away will require 2 overnights, include a 1:1 interview, group work and individual presentation.

I have fibromyalgia which is made worse with stress, and physical demands, and this process is flairing the pain levels, fatigue, insomnia and fog. With pain levels increasing i need to increase lain relief that can cause sedative effect etc. I am also being assessed for autism and/or adhd (I was assessed once but awaiting results to request second opinion as assessment was majorly flawed and not within the guidelines). I also struggle but manage when staying away on my own with anxiety etc, but I don't think I will be able to do due to the compounding stress from the process and assessment centre.

What adjustments would help you with the assessment process for the job to put you on a level footing?

I think that's the priority ahead of the hypothetical about which area you're allocated afterwards.

That's where it's difficult, it's all to do with stress, being so far away and needing to travel and stay away. I can and do stay away for work but manage this well, but the fact I need to do it on top of fighting to keep my job is where I am stuck.

I would email your manager and Copy HR.

State that the assessment conditions are not suitable for someone with your condition and that you need them to provide reasonable adjustments and allow to do the assessment remotely/online. Then it is up to them to arrange that.

Then you can address the second issue, a potential new work location, again remind them of your health issues and that you want this to be considered when allocated a new area.

If they are aware of the fact that you have a long term health condition that affects your daily life they will need to make sure they are not discriminating against you by not looking at reasonable adjustments.

So regarding the working locations, you need to have an OH assessment where the effects of daily travel on your condition is assessed and recommendations for reasonable adjustments are put in writing.

For the interview process you need to ask, in writing, for adjustments to the recruitment process. Do you have anything in writing from HCPs who've been involved in your care that outlines the effects of stress on your condition?

Because I don't have the best relationship with my manager. Mainly due to his behaviour and constant changing goalposts. He has also ignored my concerns around adult protection. I have also had to have mediation due to it all.

I was also suppose to go on a 2 day course which was agreed but then was ignored when asked about it, but others are starting qualifications since the restructure announcement.

I am awaiting OH assessment, but due to managers delay it will only take place 8 working days before the assessment centre, I have asked for it earlier but as yet no heard anything.

He has also ignored my concerns around adult protection.
@Gunkle1 do you mean adult protection concerns re safeguarding for your clients?
You don't need his permission to raise these to SS. Unless you mean that's who you work for which is highly concerning!

Yes, and this is one of the reasons we don't see eye to eye as I have whistleblown before. Part of my reasoning and belief amongst a trillion other symptoms, that I am autistic is my sense of justice inequality and won't sit back just because.

Yeah but that was in response to why we don't see eye to eye.

Not sure what u mean about your other comment. What's daft???