Employment > Disability. Employer won't make Reasonable Adjustments. I might be fired

[Avery]

Hi guys,
I have a situation with my employer and I was hoping that someone here might be able to help me. I have already carried out quite a bit of research, but as I am doing this all by myself and, you never know, I might have missed something important.

I work for a large employer, certainly within the top 10 largest number of employees in the city.

My job :: Administration
Sector :: Education
Duration of employment :: Almost 5 years
Contract :: Permanent and Full-time staff member

Problem :: Cannot work in office due to disability (bad back).
Employer will make their idea of reasonable adjustments, but I feel the adjustments they propose are insuficient.

Ideal solution :: Work from home (keep job)


In "July 2021" I suffered an injury to my back. It took the NHS ages to finally give me an MRI, in which they could confirm that I have an issue with my spine (disc).
I am not able to lift heavy objects.. I struggle to bend down and pick things off the floor.. I cannot sit upright for very long (too painful)

Some of the staff in my department had already returned to working in the office, but myself and a few others were allowed to keep working from home.

My employer was aware that I had injured my back (June / July 2021). I took some time off work (about 2 weeks), and ordered a standing desk and a reclining chair (still working from home).


However, in "October 2021" I had a meeting with my Boss + HR, and they asked if I was well enough to return to working in the office + do Reception duties which includes lifting boxes of paper.
I told them I wasn't able to do this, because:

• I needed to do physio exercises throughout the day, and there isn't enough floor space in the office
• I can't lift heavy boxes of paper, because of my spine.

They offered to make 'one' reasonable adjustment, but this only consisted of a standing desk. They told me they will not allow me to work from home any longer, and that I 'had' to perform reception duties, even though this is much less than 1/3 of my role (it is mostly computer admin and phone).

Because I wasn't well enough to return to the office, they ordered me to go off work on full time sick leave, until I was well enough to return.

I had an Occupational Health consultation in April 2022 and the OccHealth Doctor sent his report to my Employer (and I), stating that it would take at least 3 to 6 months for me to be able to return to work.


My employer has now emailed me saying that they cannot support this long timeframe of absense anymore, and they've arranged an assessment meeting for me next week. The result of the meeting will either be 'dismissal' or 'redeployment'. I have been told to keep the meeting Confidential.

I would prefer redeployment, but I have to prepare for the worst, 'dismissal'.


My research so far ::

I believe that I might be considered Disabled according to the Equality Act 2010.


https://www.legislation.gov.uk/ukpga/2010/15/section/15

15 Discrimination arising from disability

(1) A person (A) discriminates against a disabled person (B) if—

… (a) A treats B unfavourably because of something arising in consequence of B's disability, and

… (b) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.


Looking at the legislation above, it seems I have to check the boxes for both 1(a) and 1(b).

With regard to 1(a) ... So far, I think I've been treated unfavourably because I have been denied what I think might be considered the reasonable adjustments of "being allowed to work from home" and "not be expected to lift heavy boxes"...
... Though please correct me if you think I'm mistaken!

With regard to 1(b) ... I have no idea what this means in this context !
... Is ordering me to return to the office environment so I can perform reception duties and lift heavy boxes a "proportionate means of achieving a legitimate aim"?


Any help would be much appreciated.

Thank you

[Avery]

PS :: I forgot to mention that I was also told that I was not permitted to record the hearing without express permission from HR, because it was an internal matter.

[sandfordboy]

More information please,
1.Did the back injury occur at work or when performing duties for your employer ?
2.Have you been shown a return to work risk assessment & had the control measures explained in detail ? Were you involved in that risk assessment ?
3.Do you have a risk assessment from your employer for working at home ?
4.You mention an Occ-Health assessment and I wonder how they state their prognosis of 3 - 6 months for suitable recovery & any remedial exercise requirements ?

[Avery]

More information please,
1.Did the back injury occur at work or when performing duties for your employer ?
2.Have you been shown a return to work risk assessment & had the control measures explained in detail ? Were you involved in that risk assessment ?
3.Do you have a risk assessment from your employer for working at home ?
4.You mention an Occ-Health assessment and I wonder how they state their prognosis of 3 - 6 months for suitable recovery & any remedial exercise requirements ?

Thanks for posting.

1. Back injury occured at home, while not performing duties for employer.

2. There has been no "return to work risk assessment" that I am aware of.

3. No risk assessment for my working at home either.

4. I explained situation with disc problem to OccHealth doctor. I described my physio routine and told him that it was working, and that I was improving, albeit very slowly. He just concluded that it would take at least 3 to 6 months. He didn't suggest any changes to my physio routine.

[sandfordboy]

Regarding any recording during interview ... Unless they are going to "strip search" you prior to interview, how could they ever know you were recording - unless you disclosed that to them ??

[sandfordboy]

Regarding Occ Health comment ... No changes suggested - OK ? So those Occ Health comments/requirements must form part of risk assessment & control measures,do the Occ Health comments state that you can attend work environment & be accomodated or the employer must make arrangements to suit your circumstances ? In particular what is stated regarding "lifting" ??

[Avery]

Regarding Occ Health comment ... No changes suggested - OK ? So those Occ Health comments/requirements must form part of risk assessment & control measures,do the Occ Health comments state that you can attend work environment & be accomodated or the employer must make arrangements to suit your circumstances ? In particular what is stated regarding "lifting" ??

I think the OccH report lacks the detail you have highlighted.

It just says I am "temporarily unfit to be at work" "symptoms of low back pain and sciatica ... diagnosed with a disc prolapse with nerve impingement".
He also mentions that I am likely to be given steroid injections or surgery.

He mentions that it's hard to give a timescale for my return to work but he anticipates that this will be at least three to six months.

When asked to talk about adjustments, he just said that "he is currently unfit to be at work and no adjustments will expedite his return to work at this stage".
He doesn't talk about lifting.

Reading your comments, I now wish my OccH report was more detailed. Perhaps I could get my GP to write something.

[sandfordboy]

Plenty more detail in all of this !! So, no risk assessments of any kind ? Are you very clear as to why you cannot work at your normal workplace ? Please spell out why not ? There may be further options here ! Your employer could easily remove heavy lifting !!

[Avery]

No risk assessments... unless the 'phone' conversation with the OccHealth doctor consitutes a risk assessment in some way. Or the boss carried out some sort of risk assessment without my knowledge.

Why I can't currently work at my workplace (on site) ... I've been told by employer that I have to perform 100% of my role, which includes lifting / carrying boxes of paper in a reception area (most of my role is computer admin work)
... I haven't tried lifting heavy boxes with my bad back, but I assume that this could risk causing a relapse. This is main factor preventing me from returning to the office.
... The lesser factor is having to do some physio throughout the day. More tricky in the office, easier at home.

My employer has 'chosen' to assign 'me' this task, so the two other people in the team with slightly different job descriptions and slightly higher salaries don't have to.

... Also, there is a neighbour department with staff who are lifters & shifters (that's their sole job) and they are in and out of our dept every day, taking the deliveries, but my employer hasn't considered this as an option (I suspect they don't want to).

[sandfordboy]

So many issues in this, have you been provided with a return to work risk assessment (in writing) ? Has your employer offered to remove/reduce any lifting duties to assist your recovery ? Have they offered to support you in your return to work & assist with activities to help you back to good health ? Are you aware of any health monitoring that your employer undertakes ? Have you ever undertaken any "Manual handling" training ? or are you being offered this now ?? It seems your employer is not concious of their statutory duties.

[Avery]

Thank you for helping sandfordboy Very much appreciated



1. Have you been provided with a return to work risk assessment (in writing) ?

No.

But they have lots of references to Risk Assessments in their Health & Safety policy. Here are a few that stood out.

"Ensure risk assessments are undertaken and recorded and ensure staff, contractors and students are following safe systems of work and control measures"

"Provide induction training for the staff and students in accordance with the training and competency framework and risk assessments"

"Ensure new processes are risk assessed before implementation"

"Provide staff with health surveillance if identified in risk assessments including pre-employment health checks"

"Monitor that risk assessments have been carried out, recorded, and, where appropriate, reviewed. Ensure control measures are effectively implemented. Use observation, monitoring and inspections"

"Consider how procedures based on risk assessments can be effectively communicated"

"Ensure risk assessments have been carried out, are up-to-date, recorded and control measures are effectively implemented, communicated and understood"



2. Has your employer offered to remove/reduce any lifting duties to assist your recovery ?

No, definitely not. They don't want my role to be changed by even 0.1%.



3. Have they offered to support you in your return to work & assist with activities to help you back to good health ?

Their support would probably consist of letting me use a 'standing desk' and letting me 'decompress my lumbar (lay down)' in a small room for short periods throughout the day. The only other support they have given is paying me while I was off work, and checking on my periodically to see how I am getting on.

They are always open to chatting, but they refuse to change my role.

In October they 'ordered' me to stop working from home and to go off sick, unti I could return to the office and perform 100% of my role.



4. Are you aware of any health monitoring that your employer undertakes ?

Their documentation includes lots of text about wellbeing and procedures, as you'd expect a Uni to have. There are too many words to paste here from their various docs. They have procedures for reporting 'accidents' and 'incidents' as you'd expect, but most of their mention of moniring refers to potentially dangerous machinery.

"Monitoring and analysis of accidents, incidents and near misses is vital in order to identify trends and patterns so that remedial action can be taken to prevent recurrence or escalation"

"Monitor that risk assessments have been carried out, recorded, and, where appropriate, reviewed. Ensure control measures are effectively implemented. Use observation, monitoring and inspections"



However, my manager has always been ok with contacting them if I need to. They have zoomed with me a few times to check on my progress over the months.



5. Have you ever undertaken any "Manual handling" training ?

No



6. or are you being offered this now ?

No, but I believe they do have guides for this. I believe a particular staff member advises on Sitting Correctly and screen monitor height, correct chair etc.

They rely on my feedback, my doctors fit notes, and OccHealth reports.

[sandfordboy]

Thanks for this, are you a member of a Union ? If so,have they had any part in the present situation ? Is there a specific Risk assessment for the role they are putting you into & if so what do they say about lifting & carrying requirements ? it would be useful to know the weight of the items & distance involved ? Has your GP agreed you may return to work duties ?

[dslippy]

Can you reasonably do the work you are employed to do from home? Yes many more jobs have been discovered to be manageable from home, but employers' situations and job descriptions vary.

[Avery]

Thanks for this, are you a member of a Union ? If so,have they had any part in the present situation ? Is there a specific Risk assessment for the role they are putting you into & if so what do they say about lifting & carrying requirements ? it would be useful to know the weight of the items & distance involved ? Has your GP agreed you may return to work duties ?

Are you a member of a Union ?
No, so they would not help me. I had to 'already' be a member for them to agree to help me.

Is there a specific Risk assessment for the role they are putting you into & if so what do they say about lifting & carrying requirements ?
As I mentioned before, no risk assessments that I am aware of.

it would be useful to know the weight of the items & distance involved ?
Typical weight :: 12.5 Kg per box.
Distance :: Just picking off floor and onto trolleys or shelves, typically 5 to 10 meters

Has your GP agreed you may return to work duties ?
No. In fact I think I should ask him to give me a letter saying that I'm unable to do this... unless he disagrees og course.


Q :: What are the legal ramifications of employer asking me to do this lifting, without first doing a risk assessment?
What laws do they breach?

[sandfordboy]

It seems your employer is "on notice" of your personal health issues. Has your GP said when they would sign you "fit for work" or subject to any conditions ? In addition to the Occ health info, this is the info you need to be able to present to your employer. Any work they set you to do should take full account of these "professional comments" & requirements & be particular to a person specific & task specific risk assessment.How else would they know you were in a safe work situation ? ie;Lifting ?