Reasonable adjustments yet again

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  • takman
    takman Posts: 3,876 Forumite
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    dori2o wrote: »
    I enjoy my job. I enjoy working with the people I work with. I give far more than I take from the job, and I want to keep working. In order to ensure that I can keep on working and producing work to a very high standard, I will use any means necessary to ensure that this happens.

    At the end of the day you go to work to do work and get paid a certain amount for that work.

    Yes they have to provide reasonable adjustments but there will be a cost involved in managing this and providing training to other and implementing adjustments. So there will come a point when this cost is too much for the work you are doing so that means it becomes unreasonable.

    You seem to be acting like your untouchable and they legally have to move the earth to accommodate you, but this simply isn't true. If your job involves answering the phone all day then that is what you have to do. If you want to reply to letters but they already have enough people replying to letters then it's unreasonable to expect to do this.

    If your asking for a specific workstation setup, specialist equipment, extra breaks, more time etc to do your current job then that is fair enough and reasonable.
    Dictating to your employer what you want to do in your role is unreasonable. You can't expect your employer to create a job to your specification if they don't need it.

    If they allowed you to choose what you do at work and don't allow others people to do this then that is positive discrimination which is illegal!. So you what to quote the equality act then make sure you read up on positive discrimination.
  • Savvy_Sue
    Savvy_Sue Posts: 46,028 Forumite
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    dori2o wrote: »
    I've been advised that one of my reasonable adjustments has been removed during the time I've been off as 'it doesn't fit with the current business plan' in the area that I work.
    I'm not disagreeing with the general opinions expressed elsewhere in this thread, but I wonder how you've 'been advised', and whether that shows you a way forward here?

    If it's your line manager stating that this is the way it's going to be, and if as I think you say there's been no referral to Occ Health about it, then that may be worth requesting. I don't know. Whoever it is may not be aware why you have different lines of work, or of the impact on you of not having them.

    Or they may be very aware, and determined to manage you out.

    If it's one of your colleagues just saying something informal, then checking whether they've got that right is the first step.
    Signature removed for peace of mind
  • antonic
    antonic Posts: 1,977 Forumite
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    I sympathise with the OP over their situation, buy as others have said the employer is only legally obliged to make reasonable adjustments.

    If you believe the adjustments arent reasonable then you can take legal action via an Employment Tribunal.

    The employer can refuse if the adjustments will cost to much :

    Cordell v FCO http://www.bailii.org/uk/cases/UKEAT/2011/0016_11_0510.html

    Be careful what you wish for and good luck.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    dori2o wrote: »
    ........

    and despite what you might think, my employer does have an obligation to provide adjustments to support this where they are reasonable. Not if they want to, not if they think they should, they have to. The Equality Act is very clear that it puts the obligation on the employer.

    ..........

    As you already appear to know what the answer is, one wonders why you have come here to ask for advice and take umbrage when the advice isn't to your liking.

    I suspect if I worked with you, I'd be jealous of you having variety in your day to day tasks when I don't. Maybe they are trying to make things fairer for everyone and more effective for the business.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    antonic wrote: »
    I sympathise with the OP over their situation, buy as others have said the employer is only legally obliged to make reasonable adjustments.

    If you believe the adjustments arent reasonable then you can take legal action via an Employment Tribunal.

    The employer can refuse if the adjustments will cost to much :

    Cordell v FCO http://www.bailii.org/uk/cases/UKEAT/2011/0016_11_0510.html

    Be careful what you wish for and good luck.

    Exactly.

    Those few sentences sum the situation up perfectly. Sadly I think they will be wasted on the OP.

    Much as I sympathise with his / her circumstances s/he seems to wildly overestimate the legal entitlement. I suspect it is only because s/he works in the public sector that s/he has received the level of adjustments that is claimed. That, coupled with the lengths of absence for sickness, family reasons or whatever must have pushed even their patience to the limit.

    Be very, very careful this doesn't backfire.

    I'm out!
  • t0rt0ise
    t0rt0ise Posts: 4,276 Forumite
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    I don't think anyone here will know what constitutes a reasonable adjustment and you need to get proper advice. In my experience Occupational Health are the best people to advise management about this. Are they not involved? Otherwise the union should help although some unions are better than others at understanding this sort of thing.

    I'm sorry about the loss of your daughter, that must be devastating.
  • Person_one
    Person_one Posts: 28,884 Forumite
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    dori2o wrote: »
    Lets get one thing straight, I may be off work right now but it has absolutely nothing to do with my medical condition.

    I'm off work right now because my 12 yr old daughter died.

    I do hope that this is an acceptable reason for you, or should I have gone back to work the day after she died just because I'm a civil servant?

    I enjoy my job. I enjoy working with the people I work with. I give far more than I take from the job, and I want to keep working. In order to ensure that I can keep on working and producing work to a very high standard, I will use any means necessary to ensure that this happens.

    I think this is very unfair, your OP stated that you had been off for 3 months and you talked at length about your chronic pain.

    Its not unreasonable for somebody to assume that's the reason for the time off unless you tell them otherwise, and your comment about going back the next day because you're a civil servant is just out of nowhere, for no reason.

    I really really hope you weren't 'reserving' the fact of your daughter's death to throw at posters who brought up the 3 months off sick. :(
  • Undervalued
    Undervalued Posts: 8,852 Forumite
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    t0rt0ise wrote: »
    I don't think anyone here will know what constitutes a reasonable adjustment and you need to get proper advice. In my experience Occupational Health are the best people to advise management about this. Are they not involved? Otherwise the union should help although some unions are better than others at understanding this sort of thing.

    I'm sorry about the loss of your daughter, that must be devastating.

    On the contrary. I think a number of us here have a very good understanding about what constitutes "reasonable adjustments". The problem is that the OP doesn't and won't listen to anybody who does.

    In a way the title they gave this thread sums that up "Reasonable adjustments yet again"!
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