Equality Act - disability discrimination ...

singlehouseholder

KiKi wrote: »

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

I had to give them a demonstration as to how the current disabled toilet is inaccessible. I went home and cried. Having it rammed down my throat, what I can't do anymore is so upsetting. I have never been the type to ask for anything. He is an idiot , he said by me saying no to someone helping me on/off the loo, and also me waiting outside the building doors, ringing someone from my team to come and open the door to the buildings I could get in, is me refusing reasnoble adjustments and that it wouldn't look good in court. I have tried to stay positive throughout my journey in my new life but at times it's been a struggle.

If I don't get the job I was doing prior to my accident, if they say someone is more qualified than me ( able to walk ) I will be taking it further. I have consistently met and exceeded my exceeded my targets. I'd need basic refresher training, then I'd be good to go.

As for working in another office, I doubt if want that. My partner works in the same building as me and my family are 10 mins away in a car. I had the misfortune to snap a titanium rod in my back earlier in the year and the thought of my partner/family /friends being 45mins to an hour a way makes me feel a bit sick. In time, I'm sure this will change, im only 18 months into chair life , I'm trying to get on with it but , trying my best. I'm still very much in my life bubble, a whole new room in a familiar building is bad enough, a new room in a new building with new people.... It's bad enough that the current role I've been shoe horned into , I know there are people in the office that would love the opportunity to be temporary promoted to the job, or even a level transfer. It's a job I am totally unsuitable for, reconciling hundreds of thousands of pounds and refunding overpayments. I've told my new boss I would never in a million years have applied for the job. I will be public enemy number one because I will do nothing but make mistakes, mistakes which could cost the dept a lot of money.

As to my current work situation, here is the sticky wicket. I'm currently away from work, with no pay, as on the day I returned to work I had an accident . As the gradient on the ramps to access the buildings are so steep I had to go up them backwards. My chair is ultra light , 7kgs, which makes it quite tippy. Unfortunately, whilst going up the ramp my chair tipped, I've never ever ever fell out of my chair/tipped out. My gp has insisted on another atos referral so that I can be safe getting into work. My Union rep States there has been no risk assesment done , she wants me to go into work to do a pep, personal evacuation plan, but I can't risk another fall, my revision metalwork was only put in in May. I have another Atos scheduled for tomorrow, even though they ignored the last one.
My situation is such a big mess. Sorry for the big ramble on. I think to an extent, my Union like to keep management happy, I just wanted to see if me being upset is really justified or if I'm being a big fusspot.
Thankyou for your advice.

singlehouseholder

FBaby wrote: »

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.

They had to convert the cleaners cupboard into a loo. The current disabled loo was not fit for purpose. To be honest, it had a full length mirror in there so wimmin would just go in to do their make up or have a poo. Which is great when I'm sat waiting to use my rectal irrigator or desperately need to void my bladder.

PHILANTHROPIST

OP - Only just seen this post.

I think some members comments are very helpful. I would, however, recommend that you turn to better qualified pro bono (free) experts as per the link below :

http://www.equalityadvisoryservice.com/

They will listen to you, ask all the right questions, and guide you appropriately. I recently dealt with a similar case and EASS offered some excellent input. ACAS would in this instance be off little help and would only cross refer you to EASS.

If you need professional help I could recommend a an excellent barrister who would give you a free hour or so to guide you in the right direction. The same person helped sort the similar case I refer to above.

HTH
Phil

KiKi

OP, I think you're justified in being upset. Please take Phil's good advice above - you really need a specialist to help you sort this. But I don't think you're making a fuss over nothing.

Please bear in mind that a move to another office which is fully accessible, with the same / similar job may well be considered reasonable, assuming it's not so far that it's difficult for you to get to. Whilst I understand it's much more convenient for you to be in the same building as your partner, and more comforting, that may not factor into a decision if they are making reasonable adjustments.

Please do let us know what happens. And I really do wish you all the best in adjusting to a new life; it must be so hard for you, and you really don't need all this work crap on top of that.
KiKi

singlehouseholder

PHILANTHROPIST wrote: »

OP - Only just seen this post.

I think some members comments are very helpful. I would, however, recommend that you turn to better qualified pro bono (free) experts as per the link below :

http://www.equalityadvisoryservice.com/

They will listen to you, ask all the right questions, and guide you appropriately. I recently dealt with a similar case and EASS offered some excellent input. ACAS would in this instance be off little help and would only cross refer you to EASS.

If you need professional help I could recommend a an excellent barrister who would give you a free hour or so to guide you in the right direction. The same person helped sort the similar case I refer to above.

HTH
Phil

Thankyou Phil , I spoke to them right at the start of my return to work. They said I could send a letter , to ask them to make the reasnoble adjustments , it was like serving notice? I had forgotten about them , thankyou for reminding me. I agree, I think they will be a great help. I am in no position no fund any sort of court case. My savings were obliterated having to adapt my home and paying bills while I've been on half pay / nil pay.

I've read the link about the road sweeper but don't understand it.

singlehouseholder

KiKi wrote: »

OP, I think you're justified in being upset. Please take Phil's good advice above - you really need a specialist to help you sort this. But I don't think you're making a fuss over nothing.

Please bear in mind that a move to another office which is fully accessible, with the same / similar job may well be considered reasonable, assuming it's not so far that it's difficult for you to get to. Whilst I understand it's much more convenient for you to be in the same building as your partner, and more comforting, that may not factor into a decision if they are making reasonable adjustments.

Please do let us know what happens. And I really do wish you all the best in adjusting to a new life; it must be so hard for you, and you really don't need all this work crap on top of that.
KiKi

Thankyou KiKi. It's been tricky to say the least. I know all this shouting is marking my card at work. Not only am I the only wheeler in the building , but I'm angry/sad to go with it too. If they did force me to go to another office , I think I'd leave and try and find another job, somebody must want me, I'm a box ticked.

jude47

Hi OP
Apologies in advance for the long post; I don’t often post but am moved to do so because I’m so sorry to hear what a tough time you’re having at the moment. I can’t overstate how angry I am on your behalf….
The first thing I’d want to know is just what qualifications are held by this ‘estates person’ that enable him to not only make recommendations on how you should manage your intimate hygiene needs, but also to have certainty on how your refusal to follow such recommendations would be viewed by a judge! Anyone who believes they have knowledge how a magistrate, let alone a judge will receive any evidence has clearly not spent time in any court with which I am familiar. Sorry for the rant, but as I said, I’m furious on your behalf. As an aside, if the disabled loo on the ground floor is as bad as you say, your local Council’s Building Control team would be delighted to send out a surveyor who is qualified to assess whether accessibility adaptations to the building meet statutory requirements. And if not, they will take appropriate action against those responsible for the failure.
Second thing is to get the support you need from your Union. With the best will in the world, workplace reps (stewards) do tread a fine line with their (your) employers and cannot possibly be experts in all areas of employment law or relations, but they do have access to experts, and should make full use of them. I’d remind you though that, as Kiki quite rightly said, if you seek legal representation elsewhere, your union will refuse to support (i.e. finance) your case. I’d strongly recommend against going outside your union at this point but of course you must do what you think best. Your union at regional and national level will have Equality & Diversity experts and you need their support. Contact your regional office to request this.
Third, and in my view, perhaps most important, you should contact Access to Work:
https://www.gov.uk/access-to-work
I realise that you are having regular reviews with ATOS and that they are making certain recommendations which is fine in itself, but they are not giving your employers practical means of making reasonable adjustments; Access to Work will do this, and they may well provide grant funding for all or at least part of the costs involved. Your employer is not obliged to follow their recommendations, however, as the government funded, independent body supporting disabled people in work, their report will give you and your employer options to support your return to full, productive employment and would demonstrate your own willingness to be proactive in finding a solution which could potentially be useful evidentially (although let’s hope that’s not needed).
I hope some of this is helpful (if long-winded!) and wish you the best in resolving these issues.
J

singlehouseholder

Thankyou for posting Jude47. I think I need to ask my reps to put me in touch with the equality & diversity experts. As for access to work , unfortunately I am unable to use the service because of who I work for. I don't want to say who I work for as it's highly likely that I'm contravening the electronic media policy by posting what I have thus far. My employer is all but ignoring the advice of atos & my own gp.

dori2o

If they have rejected all your suggestions to try and resolve this matter without giving a reason then if it were me I would immediately start the grievance procedure.

Get you grievance down in writing, make it clear to the employer that they have an obligation under the Equality Act to make reasonable adjustments.

Make it clear that you believe that this issue is a clear case of Disability Discrimination of the basis of failure to make reasonable adjustments.

Outline what you believe to be reasonable and explain why, include in that the potential costs (if any) to the company, and the benefits for both of you that would result from these adjustments.

By doing this you have to be prepared to move to the next level and take the issue to an employment Tribunal. It may be the case that as a member of the Union, the union would cover the cost of any tribunal claim.

It's exactly what I did after my employer refused my request to continue with my usual role on a lower floor where the technology to perform those duties existed, after they too decided that I cannot work from the top floor of the building.

Once the grievance had been passed to the necessary person in Head Office they soon backed down.

RE Access to work, there is no restriction on who they provde help to. They may not provide financial assistance, but they can offer a workplace assessment and advice on what adjustments would be suitable.

I assume like me you work for a Gov department. I've recently had a workplace assessment from Access to Work and whilst they cannot provide any financial assistance on this occassion as the cost of the adaptions is less than £1000, they have provided details of what adaption would be suitable and where it can be sourced from.

If you could get just a workplace assessment from them which backed up what ATOS have said then it would give you more leverage.

singlehouseholder

I've just had my atos telephone appointment , the lady was really nice and has recommended that I have a risk assesment carried out , then a pep, and also that a qualified occupational therapist, with experience in spinal cord injuries comes to assess me and my workplace. She also asked my permission to use the word "discrimination," I'm not sure what that will mean. I will get a copy of the report as well as my employer.
Dori2o, you are exactly right with regards to my employer. I had spoken to atw, she explained that she would help but couldn't do a lot, she gave me her email address which I passed on to my manager. I to,d my manager that atw would help. As far as I know atw were not contacted. My O.T at the hospital also offered to come out and advise my employer about adjustments. My employer decided not to make contact. Apparently they've tried to seek advice from the reasnoble adjustments team, Rast , but they bounce it back to Atos.
If I am not successful in my application, for my own job, I am going to start the grievance procedure . I have an awful feeling that once I do that I will be moved to the other office out of my area. My head is such a mess with all of this.