New job not making disability adjustments

nodiscount

Find another job quickly and then think about legal action. Have you got a union?

Your employer has a duty to make a 'reasonable' adjustment. If they can switch off that vent or similar then what is stopping them apart from their bias? If you get attitude then this is discrimination under the Equality Act. You can move on and forget about it or move on and contact Acas for pre claim conciliation. This may be enough to get you some compensation and teach them a lesson.

dadtobe

Firstly I am going to assume you are disabled according to the Equality Act, given you have chronic pain.

Firstly, did you complete an occupation health or medical questionnaire prior to starting? If so what did you write down and what was the outcome and did you have a referral?

The reason I was referring to Ridout was because you have made them aware of your disability, therefore they are under a duty to act. Sch. 8,Para 20(1)(a) thats the first part done.

There is no onus on YOU to suggest adjustments, while it may be helpful to ask you. It's down to the employer to decide if the adjustments are helping you overcome your significant disadvantage and wether they're reasonable.

Such adjustments have included, demotion but protecting pay, providing specialist psychiatric help, reduction in hours but protecting pay, relocation, providing a mentor, giving a disabled employee more breaks

I'm sure closing off the vent would be reasonable, but it's hard to say in this situation I don't know your office.

Have you tried working from home? What attitude did you manager give you? Did it actually help you? What about the other 10% of your week?

You could raise a grievance, but you have to be certain you are covered under the EA. You could then see where that takes you once HR get involved, you do have rights, your employer should be doing more. But you should also inform them in writing, any requests they give you should be confirmed in writing too. Do you have a large HR dept or is it just one person?

You could also try access to work: https://www.gov.uk/access-to-work/overview

Also, if anyone needs refreshing in terms of what an employer should do see below, this isn't law but pretty solid guidelines that will keep on the right side of the EA.

https://www.equalityhumanrights.com/sites/default/files/employercode.pdf

Bogalot

I'm sure closing off the vent would be reasonable, but it's hard to say in this situation I don't know your office.

So you're sure but you're not sure - how does that work?

dadtobe

Bogalot wrote: »

So you're sure but you're not sure - how does that work?

In theory I'm sure closing a vent would be reasonable I would suggest it as an adjustment, in this specific case not so sure