Need some advice on disability adjustments/reasonable adjustments and promotion

[SirCRW]

Hi everyone,

I'm hoping to get a 2nd opinion on some trouble I am having at work right now.

Just to give you some background, in 2019 I had to take 4 months off due to stress and anxiety. This was partly down to understaffing issues that lasted quite a while. I've been back at work for a few months now and I have been on reduced hours since then (I am doing 11-5:30pm rather than 9-5:30pm). I also have ADHD and an autism disorder and I do have a sensitivity to stimulus (mostly sound). I have also been with the company coming up to 5 years now, so I'm not a new starter or anything like that!

A main part of the reason I find the job so stressful right now is due to the office being very open and noisy and it is full of distractions. Occupational health had recommended moving me to a quieter part of the office as well as providing me with a noise-cancelling headset. They refused to move me to another part of the office as I am a 'very important member of the team' (I have the most experience out of everyone there).

I've now applied for a senior position and they've let me know I can only apply for the position if I'm willing to do full time. This is very frustrating to me as I don't really feel capable of doing full time hours as I am right now, and they are not really doing much to help my recovery (as in they're not really making sufficient accommodations for my ADHD/autism disorder in my opinion).

I do have a membership of a union and discussed it with someone there, but he informed me they are allowed to do this based on the fact that they're not removing me from my current position, but it seems strange to me that I have no recourse in this situation at all.

I do have a formal complaint half-written out which I will probably submit now, but I was wondering if there's anything further I can really do in this instance?

Thanks so much!*

[ULA]

If you are writing to your company as a complaint do you mean you are actually wanting to raise a grievance? If so is this about the recommendations from OH not being implemented in your current role and/or the issue with the non-consideration of reasonable adjustments for the position you wish to apply for?
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[SirCRW]

Hi ULA,

Thanks so much for replying. Apologies for the delay getting back to you, but I just haven't been up to dealing with this right now.*

I think I do need to raise a grievance at this point, and it would be about them not applying the reasonable adjustments from OH, as well as not considering (as far as I'm aware) any adjustments for the position I wished to apply for.*

But the main thing I want to know really if this could be considered discriminatory, as the gentleman in the union I've discussed this wish has basiacally said it's 100% fine :/*

Hope this helps. Thanks again! *

[ULA]

There are two separate issues here. Firstly, there is the concern you have about the company not taking enough consideration of the recommendations made by OH in terms of making reasonable adjustments for the role that you are currently doing. If you feel that they have not given adequate consideration or provide good reasons for not making the reasonable adjustments then a grievance is the best route to go.

In terms of the senior position which as you say is a promotion, it would not be unreasonable to expect that the company considers, given the duties and responsibilities, that to perform the role would necessitate someone doing the job on a full time basis. An employer is not required to change the basic nature of the job, however it does need to consider reasonable adjustments to accommodate your disabilities if they can. So I think you need to think about how you could perform the role on a full time basis but with other reasonable adjustments that the company could consider.*
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