Reasonable Adjustments issues AGAIN

[dori2o]

HI,

I'm disabled. I have a chronic condition that causes severe pain andmobility issues.

I work in acustomer service centre. My work consists of dealing with customer contact, both on the phone, via live webchat and written correspondence which is all held on the computer as all our post is scanned on receipt.

For the past 4 years I have been having an on/off argument with my employer regarding reasonable adjustments. I have a few, but the one I believe would be beneficial to both me and the business would be the ability to work from home. Not on a permanent basis, but possible part time at home and part timein the office, or have the ability to work from home when unable to get into work because of my condition.

For the past 4 years they have refused every time I have requested on the basis of Data security.

I beleive that this argument chaged earlier this year when during one of our annual busy periods when the business allowed certain staff who had been fully trained on the webchat service to take home Surface Pro tablets which gave access to the whole of the business systems to be able to deal with webchat contact from home up until midnight.

This past 2 weeks I have been told that I am unable to a) work additional hours to build up flexi time, and b) unable to work overtime.

Their reason being that they cannot guarantee that someone will be available to help evacuate me from the building in an evac chair.

I put to themearlier this week that given that I am trained in all contact mediums, and they have a system in place that means I can access both the webchat and post from my own home. This would enable me to work less days in the office which would be beneficial to me (I have a letter from the GP which states this would be beneficial) and also would prevent me from being excluded from building flexi time or doing overtime, both of which can only be done when we are notified that there is availability to do so.

They have said that there is nothing in their current business plan to allow staff to work fromhome.

I have said that this would be a reasonable adjustment, but they refuse to accept this.

So at the moment I feel I am being discriminated against as I am unable to build up flexi time yet other staff can, and Iambeing excluded from overtime opportunities.

I am more than happy to take this issue to the Employment Tribunal and let themmake a decision on whether this action is discriminatory.

Any help and advice would be appreciated.

[Openlaw15]

Re: Reasonable Adjustments issues AGAIN

HI,

I'm disabled. I have a chronic condition that causes severe pain andmobility issues.

I work in acustomer service centre. My work consists of dealing with customer contact, both on the phone, via live webchat and written correspondence which is all held on the computer as all our post is scanned on receipt.

For the past 4 years I have been having an on/off argument with my employer regarding reasonable adjustments. I have a few, but the one I believe would be beneficial to both me and the business would be the ability to work from home. Not on a permanent basis, but possible part time at home and part timein the office, or have the ability to work from home when unable to get into work because of my condition.

For the past 4 years they have refused every time I have requested on the basis of Data security.

I beleive that this argument chaged earlier this year when during one of our annual busy periods when the business allowed certain staff who had been fully trained on the webchat service to take home Surface Pro tablets which gave access to the whole of the business systems to be able to deal with webchat contact from home up until midnight.

This past 2 weeks I have been told that I am unable to a) work additional hours to build up flexi time, and b) unable to work overtime.

Their reason being that they cannot guarantee that someone will be available to help evacuate me from the building in an evac chair.

I put to themearlier this week that given that I am trained in all contact mediums, and they have a system in place that means I can access both the webchat and post from my own home. This would enable me to work less days in the office which would be beneficial to me (I have a letter from the GP which states this would be beneficial) and also would prevent me from being excluded from building flexi time or doing overtime, both of which can only be done when we are notified that there is availability to do so.

They have said that there is nothing in their current business plan to allow staff to work fromhome.

I have said that this would be a reasonable adjustment, but they refuse to accept this.

So at the moment I feel I am being discriminated against as I am unable to build up flexi time yet other staff can, and Iambeing excluded from overtime opportunities.

I am more than happy to take this issue to the Employment Tribunal and let themmake a decision on whether this action is discriminatory.

Any help and advice would be appreciated.

Hello Dori2o


Are you fully trained in that particular database to work from home? Is the home practice for 'certain staff' still on-going?

Ref: "This past 2 weeks I have been told that I am unable to a) work additional hours to build up flexi time, and b) unable to work overtime.

Their reason being that they cannot guarantee that someone will be available to help evacuate me from the building in an evac chair."

How big is the organisation, how many people does it employ? This (over time problems, flexi time) is a potential discrimination - direct disability discrimination. Your suggestion to work from home seems to me like a fair reasonable adjustment. The fact that the have such a capability for a home working system is good argument for you to use this as a reasonable adjustment.

[mariefab]

Re: Reasonable Adjustments issues AGAIN

They have said that there is nothing in their current business plan to allow staff to work from home.

That ^ is a ridiculous response to a request for a reasonable adjustment.
Reasonable adjustments are about positive action not equal treatment,
The whole purpose of reasonable adjustments is the requirement for employers to take steps to avoid the substantial disavantage that disabled people are subject to because of the employer's normal practice (or current business plan).
They have proven by their own action that they sometimes require staff to work from home and they already have the necessary equipment.
Unless they can come up with a proper reason why you can't work from home you have a prima facie claim of disability discrimination by failure to make a reasonable adjustment.

Assuming that 2 people are required to carry an evac chair. How likely is it that there would not be 2 other people within a reasonable distance from you at the times that you did overtime or wanted to build up additional hours for flexi-time?

[dori2o]

Re: Reasonable Adjustments issues AGAIN

Thanks for answering. I'll tryand answeryour questions as best I can

Iam trained to use someaspectsof the work that can be done on the tablets/laptops. I am due to be trained on the other aspect (Webchat) in the next couple of weeks.

Regarding the size of the organisation, it's a Gov department with more than 1500 working in our building alone.

Regarding people being available, I don't know what timnes everyone works until, but during the week the overtime can run until 8pm, that means that there will only be a few people in the building from 5pm til 8pm. There may not be enough for that period.

Saturdays should be different and I would suspect there is sufficient scope for there to be sufficient numbers in the building.

I'm due to have a meeting this nextweek so I'll comeback with more updates then.

[mariefab]

Re: Reasonable Adjustments issues AGAIN

I suggest that you write these questions down and at appropriate points during the meeting ask the following questions and immediately write down the responses (and the initials of the person who said it):

1. I understand that there may not be someone available, if needed, to use the evac chair on weekdays from 5pm-8pm. on weekdays.
Can I do overtime or additional hours to build up flexi-time on Saturdays, when there are sufficient staff available ?
(If not, why not?)

2. Can you confirm that the reason that you won't permit me to work from home is that the current business plan doesn't allow home working?

Depending on their answers your next step, if you wish, could be a formal grievance citing disability arising from disability for 1 (s.15 Equality Act 20010) and disability discrimination for 2 (s.20 EA 2010).

[mariefab]

Re: Reasonable Adjustments issues AGAIN

Correction-in the last sentence it should say discrimination arising from disability.

[dori2o]

Re: Reasonable Adjustments issues AGAIN

OK. Here's an update.

Overtime.

I can work overtime when available. I have to email the supervisor in charge. Advise them I have an evacuation plan, and if there are no evac chair trained staff available I am to wait in the stairwell which is a designated safe zone and the supervisor will alert the emergency services of my location. They will then evacuate me.

Working additionalhours for flexi.

This is where the issue breaks down.

I can work additional hours. However, unless there is overtime available on those days where I work additional hours after 6pm there won't be a supervisor available in our department.

However, there is another department of the same employer, doing almost the same work. I was until recently a part of this department until my whole team was moved to take part in a new working process trial which is due to last a further 12months. The other departments hours of work mean there is always a number of staff working until 8pm Mon-Fri, including several supervisors.

I still have access to the email inbox for this department. Anyone can access it.

Everyday an email is issued advising who the duty manager is for that night and what times they are in until (if for some reason it's not 8pm). Therefore (I thought) it should be an easy case of emailing the supervisors/duty manager to let them know I have an evacuation plan, and if there are no evac chair trained staff available I am to wait in the stairwell which is a designated safe zone and the supervisor will alert the emergency services of my location.

The Incident Control Officer is also the Senior Manager of that department, she has said that my suggestion is unacceptable as the Duty manager may have to be concerned with the welfare/safety of a disabled member of their own staff and that they must take the priority in being evacuated.

I don't want them to evacuate me, I just want them to notify the emergency services of where I am.

I have asked if I can have a walkie talkie (there'sprobably a technical word for them) which is linked to security or the fire wardens/ICO etc which would remain on my desk in a charger, and only be used if the fire alarm goes off and I cannot be evacuated so that I can warn the necessary person of my location.

Again this was refused as it'snot reasonable. They also stated costs but this is a Gov department so I believe that cost wouldn't generally be an acceptable reason for refusal.

So at the moment I amabletowork additional hours but I don't have any way of notifying anyone that I am located in the stairwell.

Working at home.

The answer to this is still a resounding no. (I have not yet asked the questions I was advised to ask, I have been holding off. You will understand why in a minute)

They are still stating that it is not a part of the business plan to have permanent home workers, but I am not asking to be home based permanently. I want the option of being able to work at home part time, either 1 or 2 days a week, or do a split shift where I do 6hrsat work and 2hrs a night at home. Plus if possible the ability to do additional hours/overtime if it's available.

Also, as my condition is degenerative and I have a history of long spells of sickness absence due to being unable to get into work because of pain and mobility issues, I was looking at ways I could reduce my sickness absence and still be a beneficial member of the team by undertaking work whilst at home.

The brain and upper body still works fine, it's my legs/lower body that is failing me.

They also continue to use the excuse regarding data security despite the issue at the start opf the yearwhen they let staff take home tablets to work on which they had the ability to access all customer records and make any changes necessary.

I have this week been trained in the companies use of Twitter. The use of this in a business situation is strictly limited to general advice only, and whilst they use a socialmedia dashboard (Hootsuite) the service is acessible fromany internet connected device. There is no additional security.

I want to put in a formal Reasonable Adjustment request but I have no idea how towordit.Is there a template I can use?

Finally I think theremay be a problemwith my manager.

She knows that as a consequence of my condition I suffer from depression/stress and anxiety.

There seems to be a pattern emerging. Whenever I get myself settled and happy in work,she comesalong and throws a spannerin the works. She'salways finding silly little problems that in reality don't make a blind bit of difference to me, the employer, safety, healtth etc etc. She then presses the issue and causes me to get wound up and I end up losing my temper.

I don't do anything stupid I just raise my voice a bit and storm off.

The problem then is I feel sick, I lose what energy I have, I start to ache all over, and I feel genuinely miserable. This can last a few days or a few weeks.

This last week, after tring to get the issue of working additional hours sorted, she said she'd done what she could and was not doing anything else for me.

I tried to tell her that the obligation regarding reasonable adjustments lies solely with the employer, but she just shrugged her shoulders.

When I told her I was sick of having to deal with this time after time after time, she replied that she was sickof having to deal with these issues.

I love my job. Not many people can say that, especially civil servants, but I do.

I just want to be able to go in, do my job, feel like I've helped people, and come home.

When I'm already ill I don't need the stress that comes with everyting else.

Any advice appreciated.