Reasonable Adjustment DDA

[Teenwolf]

Hi, I work in a call centre and in my opinion, OHA and Neurologist’s opinion my condition slows me down, physically and cognitively. Incentives generally have a pay out clause linked to call handling time so I have have asked for a target adjustment which has been declined three times. To make things worse the performance management threshold has been adjusted by 12% so not only am I at high risk of missing my incentive but I am also at risk of being put on a Performance Improvement Plan. Is this fair and if not what steps should I take?

thanks

[LawfulWarrior]

Hi Teenwolf firstly welcome to Legal Beagles.

I used to work in a call center myself so I can appreciate and empathise with your issues completely as I have a condition called Aspergers Syndrome a form of Autism and have been successful in the past to obtain Reasonable Adjustments in the workplace using the new legislation called The Equality Act 2010 which replaced the Disability Discrimination Act.

Questions

Now can I ask I take it OHA is Occupational Health Assessment? If so was Occupational Health report commissioned by your workplace?

Your Neurologist’s says its their opinion that your condition slows you down, physically and cognitively, now can I ask do you have any documentary proof of these assertions your making? For example any reports etc?

Now I understand from what your saying your Incentives generally have a pay out clause linked to call handling time so you have have asked for a target adjustment which has been unfortunately declined three times, can I ask did when you asked for this did you make this request formally under the Equality Act 2010? and what was their reason for every three declines?

"To make things worse the performance management threshold has been adjusted by 12% so not only am I at high risk of missing my incentive but I am also at risk of being put on a Performance Improvement Plan. Is this fair and if not what steps should I take?"

Lastly its not fair and could be seen as discrimination and their actions could be in contravention of The Equality Act 2010 as your condition could be classed as a disability which is protected characteristic under the act.

I would say the next steps are to gather your evidence firstly, you need to the be prepared to show them your serious. Also I would maybe contact your council as they may have a supported employment service who can help fight for your rights. Also charities may offer advocacy services for you.

Anyways goodluck

LW

[Teenwolf]

Hi Teenwolf firstly welcome to Legal Beagles.

I used to work in a call center myself so I can appreciate and empathise with your issues completely as I have a condition called Aspergers Syndrome a form of Autism and have been successful in the past to obtain Reasonable Adjustments in the workplace using the new legislation called The Equality Act 2010 which replaced the Disability Discrimination Act.

Questions

Now can I ask I take it OHA is Occupational Health Assessment? If so was Occupational Health report commissioned by your workplace?

Your Neurologist’s says its their opinion that your condition slows you down, physically and cognitively, now can I ask do you have any documentary proof of these assertions your making? For example any reports etc?

Now I understand from what your saying your Incentives generally have a pay out clause linked to call handling time so you have have asked for a target adjustment which has been unfortunately declined three times, can I ask did when you asked for this did you make this request formally under the Equality Act 2010? and what was their reason for every three declines?

"To make things worse the performance management threshold has been adjusted by 12% so not only am I at high risk of missing my incentive but I am also at risk of being put on a Performance Improvement Plan. Is this fair and if not what steps should I take?"

Lastly its not fair and could be seen as discrimination and their actions could be in contravention of The Equality Act 2010 as your condition could be classed as a disability which is protected characteristic under the act.

I would say the next steps are to gather your evidence firstly, you need to the be prepared to show them your serious. Also I would maybe contact your council as they may have a supported employment service who can help fight for your rights. Also charities may offer advocacy services for you.

Anyways goodluck

LW

Thank you, my condition is Parkinson’s Disease and yes OHA is Oc Health and I have presented a letter from my neurologist. So the professionals have recommended an adjustment and whilst work acknowledges the recommendations as they don’t stipulate or quantity how many seconds it should be they won’t make an adjustment. This morning I have had the results of Access to Work another Oc Health type and similar to the others they recommend an adjustment but also some equipment changes.

I have quoted DDA and indirect discrimination, hence the referral to Access to Work.

This has gone on for several months and I am now experiencing anxiety and whilst my absence is acceptable I am concerned this will change.

Thanks again for the advice