Disability

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Employer will not make adjustments in relation to the Equality Act for employee they have said at meetings with them also on the phone that they would make adjustments, but in reality nothing change for employee over the years. Can employee now asked for the adjustments that they said that they will be making in writing before retuning back to work.

saintjammyswine

What are the nature of the adjustments and have the employer given explicit reasons for not making the adjustments?

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No they have not given any reason for doing them they just say that things will be done but nothing is done employee is left in the same situation, lots of recommendation has been made to them by GP, AtoW and OH but nothing has changed. A chair to be purchased not very expensive or al GP has asked for employee to be referred back to OH but that has been ignored as well. Last GP note said maybe able to return to work if referral to OH is made but that has been ignored. Employee received letter from employer stating that her GP said that he is fit for work with some restrictions. Employee is now very concern that when he sees them for a meeting as they are requesting they will say we will do these adjustments but nothing done for him and he will be left in same position.

Adjustments are not difficult to make just good management and the will do it for him. There is plenty of scope for adjustments for him but employer wants him to leave that is how he reading it now.

wantsajob

I understand you can stop going to work and still get paid until the adjustments are enacted. Particularly as the adjustments have been requested previously on numerous occasions. You really need professional advice on this though. Start reading through http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-workers/the-employers-duty-to-make-reasonable-adjustments-to-remove-barriers-for-disabled-people/

ILW

If it is just a matter of a different chair, could he not show willing and offer to buy it himself?

wantsajob

ILW wrote: »

If it is just a matter of a different chair, could he not show willing and offer to buy it himself?

The law says the employer must meet the expense. It's up to the employer if they want to continue paying full wage to same person sat at home for a day, or for a few months - before they buy the chair.

ILW

wantsajob wrote: »

The law says the employer must meet the expense. It's up to the employer if they want to continue paying full wage to same person sat at home for a day, or for a few months - before they buy the chair.

True, but there is a big difference between the letter of the law and real life.

wantsajob

ILW wrote: »

True, but there is a big difference between the letter of the law and real life.

Yep like the good ole if you buy Steel Toe Cap boots you've got a job. Gets around the law stating that the employer must provide protective equipment. If they're not yet employed....

Still here I think the Employer will find they could end up in deep water if they continue to drag their heels.

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Many thanks for reply, there are not a small organisation and should be able to make the adjustments without any problems, but they do not have the will to do so. Thanks for the link very helpful. In their letter they have not mentioned that he should be referred back to OH as his GP has asked them to do.

Also can he insist that his employer state in writing what they are going to do by way of ajdustments before he returns to work as they do not carry the adjustments when they say it verbally to him.

saintjammyswine

Everything should be in writing, even an email would do. If the employer will only give confirmation verbally then there may well be something a little dodgy about their approach.

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I feel that is why he should tell them that they are in breach of Equality act and is taking advice on it. If he meets them again they will say one thing and it is very different when he is at work.

He feels that he does not want to meet them again about this matter and does not want to go back to work until he gets something in writing to confirm that they will be doing what AtoW told them or that they will be sending him back to OH.