Equality Act - disability discrimination ...

singlehouseholder

Hello,i am in somewhat of a predicament. I've been employed by the same employer since 2001 , last year I had an accident that has left me in a wheelchair. I've been doing my job , this particular job for the last 7 years. The office is based on the seventh floor. I've been told I can't do that job as I would be a hazard if there needed to be an evacuation. My back is held together with lots of scaffolding and bumping down seven floors-two sets of stairs on each, in a crappy old evac chair would not be good.
Anyway, I asked if I could do the job on the ground floor of my building , was told point blank no. Even though we have the technology , even though my Atos assesment said, I should be doing a familiar job with familiar people. I've had a life changing accident I need to be round people that knew me before I was stuck in a chair, I don't want to be the token disabled in the corner.
So, was told no you can't do the job, end of. Which my Union seemed happy to accept. Low and behold, my job has been advertised , and of course I've applied. I've seven years experience, was instrumental in starting the scheme and have a fantastic working relationship with my colleagues both internal and external. I would bet my house that I won't get the job even though I've been doing it, meeting and exceeding targets .....
Can my employer get away with this ? I feel like I've had my guts ripped out of my back door by management , talk about kicked when you are down. :mad:
Thanks for reading and sorry for my rambling, hope it makes sense. Any advice would be great fully recieved, had I not been at the receiving end of this treatment I'd have never believed it.

FBaby

Surely the only way they can advertise the job is by at least pretending that it is an additional post, not YOUR job, therefore you didn't need to apply to it. Do you have evidence that this can't be the case, ie. a copy of a structure that only shows one post.

Also have given you a proper reason why you can't do the job on the ground floor? Has an assessment been done?

It sounds like you are on your way with a good case.

ohreally

Have a read through the Archibald case, it was a landmark ruling...http://www.thompsons.law.co.uk/ltext/l1350003.htm

Did your trade union appoint a suitably experienced officer to take up the case and be aware the union can be liable for advice they give you.

agrinnall

Does your employer own or occupy the entire building? It's clear that they have a presence on the 7th floor, but less clear that they are also on the ground floor. If they are, and if there is suitable accommodation for you, then I think they are on doubtful grounds to refuse your request - although I don't see that you will be working with the people you were previously as surely they'll still be on the 7th floor?

System

How does working oin the ground floor instead of the 7th floor with the rest of our colleagues fit in with

my Atos assesment said, I should be doing a familiar job with familiar people. I've had a life changing accident I need to be round people that knew me before I was stuck in a chair, I don't want to be the token disabled in the corner.

Surely the 2 are mutually exclusive, or are you suggesting that your employer moves the complete department?

If you work on the ground floor on your own then you will be the token disabled in the corner because you will be working in an area away from your colleagues

KiKi

!!!!!! wrote: »

How does working oin the ground floor instead of the 7th floor with the rest of our colleagues fit in with Surely the 2 are mutually exclusive, or are you suggesting that your employer moves the complete department?

If you work on the ground floor on your own then you will be the token disabled in the corner because you will be working in an area away from your colleagues

Why would they have to be mutually exclusive? I have colleagues all over my building. They might not be in my department, but I know them, have a good relationship with them, and some of them are my internal customers. If you've been somewhere seven years, then you may well have great relationships with lots of different colleagues.

OP - what was the reason given for you not being able to work on the ground floor? Do you do an office job? If so, and if they have offices on the ground floor, which could accommodate you at a desk, I'm very surprised they see this as acceptable.

Have you called ACAS? Don't forget, if you were to take this up with a solicitor, you would lose the support of your union.

KiKi

singlehouseholder

FBaby wrote: »

Surely the only way they can advertise the job is by at least pretending that it is an additional post, not YOUR job, therefore you didn't need to apply to it. Do you have evidence that this can't be the case, ie. a copy of a structure that only shows one post.

Also have given you a proper reason why you can't do the job on the ground floor? Has an assessment been done?

It sounds like you are on your way with a good case.

The job shop just states they are looking for staff. I know they were in the process of being costed just after my accident so don't know if I'd have been in the teams headcount ?
They refuse to consider me working on the ground floor, ironic as I'll be sat on a bank of desks with two staff members whose managers are based on the sixth floor.
My job, my role has even been done by twilight staff- staff from another area altogether , and another floor. We have the it, the telephony, I don't expect the whole team to be moved lock stock but, they could easily have me doing my job on another floor , it could easily be done, it's been done already.

singlehouseholder

agrinnall wrote: »

Does your employer own or occupy the entire building? It's clear that they have a presence on the 7th floor, but less clear that they are also on the ground floor. If they are, and if there is suitable accommodation for you, then I think they are on doubtful grounds to refuse your request - although I don't see that you will be working with the people you were previously as surely they'll still be on the 7th floor?

The rent the whole building. Which is part of the problem as the landlord really doesn't want me in the building. They wanted me moved to another local office in the beginning as the disabled loo in my office wasn't - isn't fit for purpose. I couldn't get my wheelchair in and transfer , there wasn't enough room. The man responsible for estates suggested I get a colleague to help me on and off the loo, he even asked if I could just walk to loo. I'm crying thinking of how much that upset me. The 'disabled loo' was so unfit for purpose they had to convert a cleaners cupboard.
The union suggested that a team member could sit with me, do some refresher training , on the ground floor. To help ease me back into the workplace. Then for some reason , this was just blown out of the water.

singlehouseholder

KiKi wrote: »

Why would they have to be mutually exclusive? I have colleagues all over my building. They might not be in my department, but I know them, have a good relationship with them, and some of them are my internal customers. If you've been somewhere seven years, then you may well have great relationships with lots of different colleagues.

OP - what was the reason given for you not being able to work on the ground floor? Do you do an office job? If so, and if they have offices on the ground floor, which could accommodate you at a desk, I'm very surprised they see this as acceptable.

Have you called ACAS? Don't forget, if you were to take this up with a solicitor, you would lose the support of your union.

KiKi

Thankyou , they haven't really given a valid reason, just that it won't work so can't be done . It's funny how certain employees can be remotely managed, from an office at the other end of the country !! I'm sat at a desk , I dont know what difference it makes where the desk is situated. All I know is that if Id had my accident and could still walk, if I wasn't in a wheelchair, I'd still be doing the same job.
I really don't want to go outside my Union, there is one rep that has said from the get go , he doesn't see a reason why I can't do the job on the ground floor.
There was talk (threat) of me being forced to go to another office in another area-there is a lady in a wheelchair there so it's fully accessible. I think it was suggested that I don't force my hand with wanting to do my job, or I'd be forced to go to the other office.
I'm sorry this is such a complicated mess. I just don't know what to do. I'm on a bucketload of medication, I don't think I could absorb any training a new role would require, but then my Union said if I said that to my employer, they'd question whether I was fit for work?

KiKi

It sounds like the adjustments you're asking for are entirely reasonable.

Suggesting someone helps you on and off the toilet is just horrific and awfully insensitive. Hopefully by someone who's just an idiot rather than deliberately insulting.

Please speak to your union again and insist that they review the situation. Would you be prepared to go and work in the other office that is completely accessible? That may well be considered a reasonable adjustment in the circumstances.

At what stage are you in terms of your employment - are you working there, are you still doing your job, have you been told to change job / leave? I'm not clear on that.

KiKi

FBaby

The ground floor solves the problem with the stairs, but does it for the loo? Are you saying that all the loos are not wheelchair friendly and so even if you move down, they would still have to invest on building work for the loo (and maybe other adaptations required).

I don't know what the law is in terms of making adjustements when these would be costly to the company, and or what would be considered an alternative offer, ie. you mention another building.

You need to ask for an official written explanation why you can't move to the first floor as ultimately, that might be the main challenge in court.