Disability Discrimination?

theoretica

Some ideas to see if you can get OH to suggest - if you want them!

Would it be possible to have a screen between your desk and the window to block a draft? A thermometer in the office and only the normal window (near your old desk) open unless the thermometer reads above an agreed temperature?

Unless the room was really unpleasant during the summer I would assume there is heating as well as the hot machines. Could this be turned down for everyone's sake?

If your colleagues are jealous of your chair it implies to me that the standard office chairs are very poor. Perhaps the whole department could ask for better?

marybelle01

Sounds to me like an unstoppable object and an immoveable object. If nobody will compromise then mediation is the appropriate way forward. Sorry OP, I get the supervisor won't budge, but everything you have said suggests that neither will you. You have had a whole load of suggestions here about things you may be able to change - you have ignored every single one in favour of the fact that you want the windows closed. Life isn't like that. It is full of compromise. What is wrong with you going some of the way towards a solution?

dandelionclock30

OP your heading for the sack if you carry on like this. The temperature in the office has to be o.k for everyone, its not just about you. Some people cant stand being too warm and this can cause difficulties in itself.
Can you not just ask for the seat the furthest away from the windows and get yourself some decent thermals or a fleece?
It sounds like theres a very frosty atmosphere there and that you may be better off looking for another job. Its not going to be easy for you to go back is it really?

Dunroamin

If everybody else wants the window open and you want it shut then it should be opn - that's democracy.

scheming_gypsy

It's highly unlikely that the entire office have decided to freeze their tits off, just to discriminate against you.

arbroath_lass

Why is it so hot? Could the heating not be turned down? Then there'd be no need to open windows in the winter.

Evilm

I'm going to ask a nasty question but I don't mean it nastily I promise and I apologise as I am struggling to phrase it in a way that doesn't sound horrible.

Your supervisor or the other staff seem to feel put upon by your issues and the solutions to them. Why is this? There are many possible reasons for this. Two stand out:

- They could have been told 'nope, no adjustments, put up with it' about their own concerns.

- They may also feel like they are constantly hearing about your needs and seeing management bending backwards to aid you whilst ignoring their simple needs and requests.

- They might find you hard wearing if you are harping on about 'how ill this makes me'. Are you coming across as 'needy' and 'woe is me'? (I realise it won't necessarily be deliberate but if you are it can grate on people. Especially if it *appears* you are saying something akin to 'its ok for you lot, you don't have the problems I have!').

I agree with the idea of somehow getting a windbreak between you and the drafts if that is possible. As for your supervisor I'd try to approach the conversation from a 'lets work this out, I don't want to hurt everyone else but I am struggling with (x)' way.

Yorkie1

I think there's some over-harsh comments here to the OP.

She states that she has a disability related to a spinal condition, which is aggravated by draughts. The law states that the employer has to consider reasonable adjustments. And yet people here say that the OP has to ignore reasonable adjustments, essentially risk having to leave her job because the condition is aggravated so much, because there's more non-disabled people in the office who whinge.

If there are other ways of managing the temperature issue in the office, i.e. fans, then clearly the windows remaining shut would appear to be a reasonable adjustment.

If the OP has to have a special chair because of a disability then that is none of the other employees' business.

And I think it's disgraceful that a manager put the OP in the position of having to disclose sensitive personal / medical information in a team meeting in order to try to shut up the whingers. They have absolutely no right to know that information, and it's for the manager to manage that without breaking the DPA as regards the OP.

OP, are you in a union?

dori2o

Yorkie1 wrote: »

I think there's some over-harsh comments here to the OP.

She states that she has a disability related to a spinal condition, which is aggravated by draughts. The law states that the employer has to consider reasonable adjustments. And yet people here say that the OP has to ignore reasonable adjustments, essentially risk having to leave her job because the condition is aggravated so much, because there's more non-disabled people in the office who whinge.

If there are other ways of managing the temperature issue in the office, i.e. fans, then clearly the windows remaining shut would appear to be a reasonable adjustment.

If the OP has to have a special chair because of a disability then that is none of the other employees' business.

And I think it's disgraceful that a manager put the OP in the position of having to disclose sensitive personal / medical information in a team meeting in order to try to shut up the whingers. They have absolutely no right to know that information, and it's for the manager to manage that without breaking the DPA as regards the OP.

OP, are you in a union?

Excellent points raised.

As Yorkie says OP, assuming that your condition is considered to be a disability under the Equality Act 2010 then your employer has a legal obligation to look at and implement any reasonable adjustment that helps you to manage your medical condition. Closing the windows as you say is cost neutral and therefore IMO the employer cannot refuse this as a reasonable adjustment.

It might help if you told us what your job is and what you do. Why are no sleeves allowed below the elbows.

With regards to reasonable adjustments I would also suggest that the employer cannot refuse to allow you to wear a neck roll/scarf or refuse you the right to wear additional layers.

What part of the back is it? Have you considered something like this
http://www.amazon.co.uk/Hotties-Soothing-Backwrap-Microwaveable-Relief/dp/B000WIIP0C I have a small one which I can wrap around my knee.

You could warm it up in the microwave at work. Your employer should offer you, again as a reasonable adjustment, additional breaks so you can move around/stretch/warm up the back wrap/manage your condition. You could have this on whilst you work to keep your back warm. Simply re-heat it as and when needed.

Ultimately I would demand an occupational health referral so that you can discuss the matter with an occupational health adviser who can provide details of how you can better manage your condition at work, and also make suggestions to your employer as to what adjustments they should be making.

It matters not one bit what your colleagues think, and your employer/manager/supervsor should not be pandering to them, even if there are more of them to consider. When it comes to the obligation to ensure disabled people are not discriminated against and that their health is not affected by the environment that they work in, the employer has a responsibility to ensure you and any other disabled person are comfortable, not to look after the interests of the majority.

Are you in a Union? If not join one asap.

Takeaway_Addict

dori2o wrote: »

Excellent points raised.

As Yorkie says OP, assuming that your condition is considered to be a disability under the Equality Act 2010 then your employer has a legal obligation to look at and implement any reasonable adjustment that helps you to manage your medical condition. Closing the windows as you say is cost neutral and therefore IMO the employer cannot refuse this as a reasonable adjustment.

It might help if you told us what your job is and what you do. Why are no sleeves allowed below the elbows.

With regards to reasonable adjustments I would also suggest that the employer cannot refuse to allow you to wear a neck roll/scarf or refuse you the right to wear additional layers.

What part of the back is it? Have you considered something like this
http://www.amazon.co.uk/Hotties-Soothing-Backwrap-Microwaveable-Relief/dp/B000WIIP0C I have a small one which I can wrap around my knee.

You could warm it up in the microwave at work. Your employer should offer you, again as a reasonable adjustment, additional breaks so you can move around/stretch/warm up the back wrap/manage your condition. You could have this on whilst you work to keep your back warm. Simply re-heat it as and when needed.

Ultimately I would demand an occupational health referral so that you can discuss the matter with an occupational health adviser who can provide details of how you can better manage your condition at work, and also make suggestions to your employer as to what adjustments they should be making.

It matters not one bit what your colleagues think, and your employer/manager/supervsor should not be pandering to them, even if there are more of them to consider. When it comes to the obligation to ensure disabled people are not discriminated against and that their health is not affected by the environment that they work in, the employer has a responsibility to ensure you and any other disabled person are comfortable, not to look after the interests of the majority.

Are you in a Union? If not join one asap.

You maybe right but the OP should look at options that only affect her first and foremost over decisions that could affect other members of staff. If the OP doesn't at least try and show they ahve tried to not affect other members of staff then they run the risk of alienating the other members of staff. It may not be right but it is a risk.