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Problems after asking for reason accommodations

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  • Problems after asking for reason accommodations

    Hello All,
    I believe my employer may be acting unfairly after I asked for reasonable accommodations due to Fibromyalgia, Hashimoto’s and Menopause Symptoms.
    I can go into more detail if you could direct me to the correct place.
    I think I’d like to know if I am being unreasonable or if I actually have a legitimate problem with them.

    cheers
    Freeway
    Last edited by Freeway; 3rd March 2024, 23:36:PM. Reason: I am not sure why but some of my punctuation is showing as squares.🤨
    Tags: None

  • #2
    Freeway Do you have a professional medical or legal opinion in writing that your condition(s) qualify as a disability under the Equality Act 2010? Does your employer accept that you are disabled under the Equality Act?

    It's 'reasonable adjustments' you are seeking (not 'acomodations'). Who has determined what adjustments need to me made for your disability? A medical professional? Occupational health? How did your employer respond to your reasonable adjustments request?

    Are you in a union? Have you asked them for help?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      Freeway have moved your thread to the correct area of our forum.

      PallasAthena has asked some useful questions that the answers to would help us to provide you with some advice.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        @PallasAthena
        Hello,
        I am not sure if my employer accepts that I am disabled under the equality Act. After I asked for adjustments they put me on a Development plan without having spoken to me about my alleged failings. Assistant manager reported back to HR with deliberate inaccuracies and when I sent her an email to complain they put me on a personal improvement plan. A high degree of the objective were subjective like be more enthusiastic or be more of a champion for the animals being cared for or participate more in meetings ( which I believed I was “participating “ to the same standards as the other staff) and I would be judged still by the person who has lied about my performance previously.
        I have a pain condition so I do not show enthusiasm or excitement in the same way as most people. I’ve been with the company for 19 years and thought that was enough to show my commitment
        Any of the quantifiable tasks they have asked of me have been done at a pace comfortable to me but this has been “not good enough”or “too slow”
        I have a very physically demanding mostly outdoor job and I mainly asked to go at my own pace and be allowed to office based work when it was very cold and to sit for a minute or two between tasks. So long as the required work is done by end of day.

        I cannot prove they have been unreasonable because of the assistant manager telling me on thing in meetings and then putting down something else in the notes to try and prove I wasn’t doing the tasks.
        Our last meeting (unknown to them) I took my own notes and when I sent them to the manager they put me on the “PIP”
        Occupational Health have done an assessment for my adjustments.
        “How did your employer respond to your reasonable adjustments request?”
        I made the request In October, had the Occupational Health assessment on the 3rd of November and was on a Development Plan by 15th November.
        On paper they appear to be generous but in reality the only thing that has changed is they allow me to briefly sit to,catch my breath ( I also have asthma). But at the end of the day it’s my word against theirs.

        “Are you in a union? Have you asked them for help?”

        I am not in a union.
        Bit of a back story:
        Previous to requesting reasonable adjustments I had asked for a change into a less demanding role should one become available ( this was in July). In August a role I had experience in came available and I registered my interest and was told I would have to interview for it. I had the year before made a formal complaint about the Managers who would be doing my interview and was not surprised when the told me I was not successful as I did not meet the company values and behaviours as well as there being a more qualified candidate. The “more qualified” person needed trained on the systems and paperwork , and I knew them already.
        In December I had a meeting with assistant manager and manager I discussed the assistant managers lies and how it was affecting me and the manager said if the job was affecting my health/mental health I should think about taking 6 months off. I said I didn’t want to do this but a change in role would be better but I was worried I would have to take a pay cut. Manager said they can’t create a position for me and if one came available I would still have to interview for it, the interview panel would be the same and I still wouldn’t meet their .

        I feel they are in the wrong, but it boils down to he said/she said situation and because I caused problems for them in the past HR is taking Management for face value.
        I am waiting on notes from our Friday meeting where HR provided an “independent “ note taker. I have no faith in this either because after I left the meeting I could see the note taker and assistant manager speaking for a good few minutes afterwards.

        Also can I ask another question? In cases where management is telling lies about meetings, can I record with out telling them?
        Even just one time to use them as audio notes to show they were dishonest once and therefore put anything else they had to say in question?

        Cheers so much
        Freeway
        Last edited by Freeway; 5th March 2024, 01:30:AM. Reason: Fixing some typos

        Comment


        • #5
          The one question you haven't answered Freeway is whether you have a formal statement or diagnosis from a medical or legal professional that your medical condition(s) qualify as a Disability under the Equality Act 2010. Do you you have that? If so have you shown it to your employer?
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            Originally posted by PallasAthena View Post
            The one question you haven't answered Freeway is whether you have a formal statement or diagnosis from a medical or legal professional that your medical condition(s) qualify as a Disability under the Equality Act 2010. Do you you have that? If so have you shown it to your employer?
            Sorry I didn’t know I could get a formal letter that says my conditions qualify as a disability. So I would say no.
            I always thought just having them in my medical records was enough.
            cheers
            Freeway

            Comment


            • #7
              How would your employer know what was in your medical records?

              However you said earlier that you had an Occupational Health assessment in November and they may have seen your medical records if you gave them permission to do so.

              What does the Occupational Health report say about whether your medical conditions are a disability under the Equality Act? Does the report recommend 'reasonable adjustements' your employer should make? Has your employer made the adjustments recommended by Occupational Health? If not have they explained to you why they are not making the adjustments?
              All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

              Comment

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