WWYD - work appearing to ignore reasonable adjustments

[TheCheeseIsCallingMe]

I was asked to apply for a new job which was very timely as I had had enough of my old one. I applied but when I went to interview, I just got the feeling they weren't taking my reasonable adjustments seriously. I have lingering long covid - I very very much wish I didn't - but for the last 18 months, I've only been able to go into the office twice a week and I've stopped all unnecessary travel. I made this very clear in the interview but I really felt they weren't listening so I told them I didn't want the job. I can manage full time work as long as I do nothing else around it - have to be in bed by 9pm, travel is too tiring (I'm physically still v weak - mentally I'm fine but I can't walk far without getting into difficulty. I'm improving but it's slow. I'm a single parent so don't have the option of stopping work at the moment unless I made some massive changes).

2 weeks later, they contacted me again and told me that they really wanted me to have it so I asked them to put my reasonable adjustments in writing, which they agreed to do. I then accepted the contract.

I started the job just before Xmas and the first day I went in the office they told me they now expect people to come in 3-4 days a week. I was a bit surprised by this - I reminded them of this fact and they said it was going to be 'awkward' because they couldn't give my team different rules to everyone else. I said well tough basically, because these are the conditions you've accepted from me. They then told me that in January they have booked me on 2 trips - one of the trips is effectively a team building event in a winter sport European city. It involves things like ice walking, treks through wintry forests, geocaching. At the moment, I cannot walk more than 20 mins in one go and definitely can't do any exercise. It also involves a dinner out, travelling by coach to different restaurants, every evening.

I went to see HR and the CEO and I reminded them of what was agreed and their response - 'they thought I'd be better by the time I started'. HR woman even admitted that the team building thing is totally exhausting and by Friday, she is so tired, she needs a weekend off doing nothing and I said to her, well how do you think I will cope with that. Thing is I don't mind going, though it will be tough, but there's no way I can do any of the events and I can do maybe one of the dinners but definitely not all of them. They seem to think I'm being a 'bad sport' - but it is what it is!!

WWYD - I could start looking for another job but this is a good job and the job market is not great at the moment. On the other hand, I have it in writing that they've agreed to my adjustments, so if I put my big girl pants on, in reality, I shouldn't be in a difficult position.

This sounds like a place I used to work. If you can't get involved in all the sports/activities you're often seen as "not fitting in".

Like you I struggle to do physical activity because of health issues.

Is the week away a one off? I'm wondering if you could approach it by saying "I'd love to be able to do it all, but as you know, I'm not able to do these at this time". Then go along on the trip and meet with them afterwards.
Would that be manageable?

Ultimately if your actual work is not impacted, they should be able to see past this.

In terms of days in the office, I'd dig my heels in and make sure you're in on the two days that as many of the others are in. That way you're making an effort to make it worse, but under the conditions you originally agreed.

Yes I think it's a one off. The other travel in my mind is not necessary but this week away with events is one I think they want everyone to do - and yes your assessment is right, it is exactly the sort of place they want you to 'fit in'!! I would love to be able to do it all but I am just physically not able to (and may never be). I wish people could understand this - it's not a lack of heart or mind or spirit, it's a lack of body!!

Thanks - good idea on the 2 days. I am feeling a bit downhearted about it all so I'll try and take your positive stance on it which I think is a good idea.

I'm disabled,

I use a wheelchair, and needed reasonable adjustments when I worked (I don't work any more).

HR were shit at letting people know.

I had to send a number of emails at various points they went along the lines of

"Hello

I see you have scheduled me to attend X activity. You may not be aware that I use a wheelchair and have reasonable adjustments under the Equality act. If you want me to attend X activity you will need to provide me with a personalised risk assessment and alternative team building activities in place of those I sm not able to access he to my disability. Alternatively if activity X is not business critical and all employees are not in fact required to attend then I would be happy to continue with my normal work at my normal workplace."

There's a lot of muppets out there.

Basically make clear that if they make you go you will make their life fucking difficult both in terms of paperwork and in terms of requiring alternative activities - which cannot be just you if the purpose is team building - or you both quietly forget it,

It sounds like they don't understand your condition!
I'd advise you to get the HCP involved in your care to write to them explaining the adjustments required and the consequences to your health of you not having these in place.

That puts the ball firmly in their court as the employer has it all in writing and will need to respond

Very good advice so far, did you tell them that you consider yourself disabled? You need to ask for a referral to occupational health.

Thanks all, this is all hugely useful! I will go in armed with this all on Monday. Argh!

God how frustrating for you.

You may well be covered under the equalities act if your condition is in effect a disability. Mine is because it is long term, has significant impact on my daily life etc.

It's exhausting having to do all the admin around disability on top of having one. HR are shit at workplace too. I just got lucky with a decent manager but who knows when that changes at some point..I may be back to square one.

Sorry they are being rubbish!
The vast majority of people do not understand long covid however in my experience (waving as a fellow long covid and POTS sufferer!)

The thing which helped my work understanding was the long covid employment toolkit. It was a good reference guide for them to understand but also understand many of us mask to get through the day and then fatigue crash!

https://sites.google.com/site/managinglongcovid/home?fbclid=IwY2xjawHlF15leHRuA2FlbQIxMQABHTU6He-OXo46um9jI6zRNYCt05-yMVzBQzM3gzDVsc8ImSwbuNwHvKKrCg_aem_c1BgzRR86ZfwDETjoFvkAw

It might be a useful one to signpost them to in order for them to understand and also legal aspects in support.

What this poster said down to every last word! They are being absolute muppets! You quote the Equalities Act to them, which says they have to make reasonable adjustments for you.

I would also go as far as to say that by planning the trip as it is they are indirectly discriminating against you.
"Indirect discrimination is the result of a workplace policy that is applied to everyone in the company in the same way. When this policy ends up disadvantaging an individual or group which share the same 'protected characteristic' it is indirect discrimination."
Their policy is to plan an annual team building trip for ALL employees. Even if they are happy for you not to go, planning something that all employees can go on, but the disabled employee can't because of disability is discrimination. They should be planning the training/team bonding in a way you can join in with.