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

[Avery]

I think you have to strongly represent your conditions and health issue in front of your seniors, so they can understand your situation and get some solution accordingly. Instead of dismissal, they can put you in the new work profile as your disability, so you can continue your job.

Also, you have to be ready to work in a new work profile so no one got disturbed and work goes properly.

Re "seniors"? I assume you mean my employer. Let's not give them too much respect. You may not be aware of the background, so here we go: – they're a bunch of a***oles trying to slither out of their statutory responsibilities on a disability discrimination case. And... they're not even a small or medium sized company, they're massive!

Re "strongly represent your conditions". I now have multiple health reports that I have already sent to my employer, and two are written by GMC registered medical doctors. I have no legal training, but as far as I can tell, my case is extremely strong.

They did put me on their 'redeployment register' prior to dismissing me, which made available all their regular advertisied jobs, but none of them were suitable and all conflicted with my disabilities.

Thanks for sharing your view on this

[ULA]

There is indeed an option to bypass but you still have to effectively "start" the process to then bypass it in order to get your certificate. Without the certificate you will not be able to make an ET claim.

However I would advise that you do engage with the process, not of the sake of "brownie points" but to be able to show to any Tribunal, if it ends up at a Hearing that you have been a reasonable claimant who has tried to resolve your claim before resorting to taking up Tribunal time.

[Avery]

On a point of procedure if they do not uphold your appeal and you are dismissed and decide to make a claim, then you must start the process of Early Conciliation whether or not you and/or your employer engage in the process. Without a certificate number from ACAS re Early Conciliation you will not be able to proceed with an Employment Tribunal claim.

Thank you. I have since noticed here https://tell.acas.org.uk/check-user-wants-conciliation that ACAS seem to provide an option to bypass the early concilliation service, in which they offer a ACAS number (or recognition).



However, I will still be happy to choose ' early conciliation ' if I get more brownie points.

I have checked my employers history on the bailii.org and all the cased against them involving Disability Discrimination or Unfair Dismissal result in a virtually empty PDF saying:

JUDGMENT
The proceedings are dismissed following a withdrawal of the claim by the claimant.

[ULA]

On a point of procedure if they do not uphold your appeal and you are dismissed and decide to make a claim, then you must start the process of Early Conciliation whether or not you and/or your employer engage in the process. Without a certificate number from ACAS re Early Conciliation you will not be able to proceed with an Employment Tribunal claim.

[Avery]

Update: They have fired me now. Though I have appealed, and my appeal will be heard and judged by employer fairly soon.

My employer's framework doesn't seem to include anything about disability. In their world, there are only three things I can appeal against.

Under ‘Capability’ "... the employee can appeal if, whether in relation to performance or ill health

• the organisation failed to follow its procedures, or
• the sanction issued was too severe or disproportionate, and/or
• there is new evidence

..."

There is no fouth bullet point saying "• the organisation failed to comply with Statutes and Law".

So therefore, I am going to complain about their non-compliance with statutes within their second bullet point "... too severe or disproportionate"

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

If they still fire me after the Appeal, I will try to work out if it is better to go through the 6 week process of mediation with ACAS... or go straight to the Tribunal.

I will choose whichever option strengthens my case the most, but I will also be glad to just get this over with.

Any advice on this would be most welcome.

Thank you

[Avery]

Thinking on "redeployment" - your thoughts on what may be acceptable "temporarily" & do you know if such a post may be available ?

A different office-based role would be an improvement. A role without lifting heavy boxes.

As for this being offered, I am doubtful.

[Avery]

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 ?

It seems your employer is "on notice" of your personal health issues.

They have their OccHealth Report saying it will take 3 to 6 months for me to recover. It also says I am not in a condition to lift boxes etc.


Has your GP said when they would sign you "fit for work" or subject to any conditions ?

No, but I have contacted my GP today asking for a letter confirming that I am not yet fit enough to lift heavy boxes... just to give me more firepower, in case they start ignoring the very OccHealth report that they arranged in the first place.


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 ?

Makes sense. Thank you.

[sandfordboy]

Thinking on "redeployment" - your thoughts on what may be acceptable "temporarily" & do you know if such a post may be available ?

[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 ?

[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?

[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.

[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 ?

[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]

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]

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).