Reasonable Adjustments

Masomnia

Whether the adjustments are reasonable or not is a red herring.

The point is that OP asked for the adjustments, stated they believed they had a disability and, as far as we can tell (we'll never get the full story) was dismissed for it.

As Sangie rightly says a smart employer would have covered themselves. I'm a bit surprised because if the employer didn't want the person then usually in this circumstance they'd employ the person and find some other reason to fail probation 'You were shirty to Mrs Smith on your call at 11.34 yesterday so we're failing your probation...' Then of course it's nothing to do with the disability...

A more scrupulous employer would employ the person, have a medical assessment done and then look at what could be done to accommodate them. If what they're asking for wouldn't work they could quite legally refuse on the grounds it wasn't reasonable.

As it is, the option to employ the person and then look at what was reasonable or not remained open to the employer but they decided to withdraw the offer instead.

I actually think the trickier bit for OP will be showing that they have a disability for the purposes of the equality act in the first place.

fuzzything

The desk request looks to me to be pretty much an open and shut case, taken from point of view of a danger to the OPs health and safety, and not as a disability:

CAB (Employment Tribunals):
You have the right not to be dismissed if you complain about or refuse to work in unsafe working conditions. If you can show a tribunal that the main or only reason you were dismissed was for taking action over a health and safety issue, your dismissal will be automatically unfair.

HSE:
The Health and Safety at Work etc Act 1974 (HSWA) places a duty on employers to ensure the health and safety of employees and others who may be affected by their work activities. In practice this means that seating should not endanger the health and safety of people at work.

Carrot007

Lurkerderp wrote: »

By larger I mean a 19" rather than the standard 16".

Is it 2004 again?

19 inch is the smallest widescreen monitor I havce ever seen. A 16 inch 5:4 would probably be bigger.

Frankly I would be insulted by either these days. Even 21 inch is small.

sangie595

fuzzything wrote: »

The desk request looks to me to be pretty much an open and shut case, taken from point of view of a danger to the OPs health and safety, and not as a disability:

CAB (Employment Tribunals):
You have the right not to be dismissed if you complain about or refuse to work in unsafe working conditions. If you can show a tribunal that the main or only reason you were dismissed was for taking action over a health and safety issue, your dismissal will be automatically unfair.

HSE:
The Health and Safety at Work etc Act 1974 (HSWA) places a duty on employers to ensure the health and safety of employees and others who may be affected by their work activities. In practice this means that seating should not endanger the health and safety of people at work.

Rubbish. An allegedly "average" desk that the OP had never once sat at is hardly a health and safety risk. This legislation is intended for people who refuse real risks that actually exist - not a rough guess based on no evidence whatsoever. And you can't dismiss somebody who doesn't work for you. The OP never worked for them. The offer of employment was withdrawn. Offer. Not actual employment.

fuzzything

sangie595 wrote: »

Rubbish. An allegedly "average" desk that the OP had never once sat at is hardly a health and safety risk. This legislation is intended for people who refuse real risks that actually exist - not a rough guess based on no evidence whatsoever.

It’s not rubbish. The OP is legally entitled to demand a desk that does not cause them injury.

And you can't dismiss somebody who doesn't work for you. The OP never worked for them. The offer of employment was withdrawn. Offer. Not actual employment.

That would be saying an employer is allowed to make and withdraw an offer of employment, for the same reason that if terminated on day one of employment would suddenly become illegal.

dori2o

Regarding reasonable adjustments, when it comes to cost it's rarely an allowable reason for not considering adjustments unless the business is very small, i. E a 1 man band, small company or the adjustments are very expensive. That would not seem to be tbe case here.

The reason for this is down to the fact that employers can get funding to help pay for specialist equipment.


As for the call centre potentially operating a hot desk policy, it really would not be unreasonable to have a desk limited to use for one person. Including providing a larger screen for the workstation.

Neither of these items would cost that much to implement.

Rather than withdraw the job offer it would surely have been better for the employer to work with the individual to understand if they actually needed to make any adjustments in the first place.

Raising a desk is simple and in most cases does not involve the purchase of a new desk but rather for the existing desk to be raised on blocks.

My desk at work is raised 2 inches and this is done by placing 2 inch blocks under it.

Also, its not necessarily always down to someones height as to why the desk might need raising. Mine isnt raised because of my height but for other reasons.

To be honest with you OP I think you've likely had a lucky escape. If such an employer is unwilling to accommodate someone who needs very simple, cheap to implement adjustments, then just imagine what their reaction would be should you need much more serious adjustments in the future.

Unfortunately this is not uncommon and there is evidence that more and more employers are refusing to employ staff with disabilities and health problems.

There's also evidence that some of these are very large businesses, including those in the public sector, with mental health issues being the main focus of their failure to meet their obligations.

pioneer22

Hi OP,

I work in OH, this sort of query from an employer forms generally the bread and butter of my work.

Only a tribunal can decide if you were discriminated against, I haven't enough information to determine if you're covered under the EA. Because of your sight this could have a long term negative effect on your ability and it could possibility be substantial but an OH appointment could determine this which I am incredibly surprised the company didn't request as standard practice for someone who may need adjustments.

In my opinion a larger screen and having a permanent seat would no way be unreasonable for a call centre at all.

What should of happened is either of the below:

Unsure if employee covered under EA > OH assessment states yes under EA > Suggested adjustments from OH > OH Declares Fit for Work > Engage Access to work > Implement adjustments before first day > Employee starts.

Unsure if employee covered under EA > OH Assessment No under EA > Employer doesn't want to implement those adjustments as they don't have to > Withdraw offer.

I would contact ACAS, then go down a tribunal route I expect they would pre litigation.

Out of interest, where or who does the OH questionnaire go to?

pioneer22

Job Offers Withdrawn for Disabled Candidates

Disabled people can suffer workplace discrimination before they even start the job. This usually comes to light if the disability was not disclosed at interview and is brought up at a later stage in the recruitment process.

Put yourself in the situation. Despite the nerves, your job interview went well. You gave a good representation of yourself and the skills and experience you can bring to the role. Then to your delight you hear from the company and it is good news: you’ve got the job. Your hopes are high; you feel excited, proud and begin to get yourself mentally prepared for the new challenge.

But then, the job offer is dropped. Why? Because the employer has since found out that you are disabled. You are not required to disclose disability, but you may have thought it best to inform them of a disability if reasonable adjustments are required.

It is at this point that some candidates may find their application is withdrawn. An employer will rarely say it is because of disability. They may point to a change in requirements or circumstances within the business.

If your job offer is dropped because of your disability, this is direct disability discrimination. Having a job offer withdrawn after you have given information about your disability is one of the clearest forms of discrimination at job interview stage. It is also easier to prove than if the job is simply not offered to you.

If this happens, you should make a note of everything that occurred. This should include the times and dates and what happened in as much detail as you can remember. You can use written evidence too, such as emails. Once you have collated this information, you should get in touch with an employment solicitor for expert advice

Having a job offer withdrawn after you have accepted it is a breach of contract. You therefore have potential claims for unlawful discrimination as well as breach of contract, and you could take legal action against the employer for losses and damages, particularly if you left your old job in order to take this one up.

fuzzything

pioneer22 wrote: »

Unsure if employee covered under EA > OH Assessment No under EA > Employer doesn't want to implement those adjustments as they don't have to > Withdraw offer.

If they did not come under the Equality’s Act, would OH assess if being made to use the standard height desk would endanger the health of the OP, and mean that the employer still had to make this adjustment?

sangie595

I am going to point this out once more. This debate has descended into the ridiculous. A rickety desk with three legs, propped up on a pile of books... that is a health and safety risk. A desk which the OP had never seen, never mind sat at once, is categorically not a health and safety risk. And you clearly don't understand the relevant legislation or you wouldn't be asking about OH, when it is actually a DSE; nor that there is nothing that says an employer must make the adjustment in either case.

There is a difference between what they must do ( that would be nothing), and what they would be sensible to do (do a risk assessment). There is nothing unsafe about a desk. Suitable or appropriate is a different assessment, and one which, to be fair, the OP couldn't possibly have known since they hadn't used the desk!