Reasonable Adjustments

w06

Quite, and acceding to the OP's demands without an assessment may well have created just the issues now being raised as h&s risks of not doing so, because a desk needs a suitable chair too ... most of which are adjustable which may have been all that was needed- especially as Marfan's is usually associated with disproportionately long limbs not trunk. But without even giving it a try how can anyone know?

ps agree very few 16inch monitors around in our run on a shoe string offices, even the 19 inch ones are relegated to secondary screens. But without trying you can't say it's too small for the information you needed to see for that role

fuzzything

The Health and Safety (Display Screen Equipment) Regulations are

1. Not optional
2. Are part of Health and Safety
3. Are covered by Occupational Health

sangie595

fuzzything wrote: »

The Health and Safety (Display Screen Equipment) Regulations are

1. Not optional
2. Are part of Health and Safety
3. Are covered by Occupational Health

Can you please stop changing your argument? It was a dangerous, unseen and never used desk that was dangerous a minute ago! And there is still no evidence that the employer would not have done a DSE, or that the screen was "dangerous". The OP didn't ask for a DSE. They demanded a 19 inch screen because they wanted one. Need is assessed - not demanded. And nothing is covered by "occupational health" - it isn't a statutory requirement and half the world doesn't have OH!

The company has certainly acted unwisely, but there is currently no evidence that they have acted unlawfully. They may have breached the Equality Act, but that is by no means certain here. They have not broken any health and safety laws! Until the OP comes back and tells us that they sat at the desk, looked at the screen, discussed it with their manager and asked for a DSE which was then refused, the company won't have broken any health and safety regulations.

fuzzything

DSE relates to the seating arrangement as well as the display itself.

The employer must provide a seating arrangement that does not endanger the employees health, including:

discomfort
back pain
and upper limb disorders

due to the user having to adopt awkward postures.

sangie595

fuzzything wrote: »

DSE relates to the seating arrangement as well as the display itself.

The employer must provide a seating arrangement that does not endanger the employees health, including:

discomfort
back pain
and upper limb disorders

due to the user having to adopt awkward postures.

Which bit of this very simple English don't you understand? The OP didn't actually ever sit at the desk in front of the screen. So there is no evidence that there would be any discomfort, back pain, upper limb disorders, or anything else. The OP cannot claim that any of these things would have happened, because they didn't actually TRY the working environment. They simply provided the employer with a list of demands based on their wishes. That is not how the legislation works.

fuzzything

The regulations do not require an employee to use, or try out unsafe equipment before demanding the employer makes it safe.

The employer must ensure the equipment is safe to use.

A DSE Assessment would be a sensible way to determine this.

sangie595

It's like talking to a wall. The desk is not unsafe. The screen is not unsafe. You are using the wrong legislation. IF there is any relevant legislation, it is the Equality Act. And now I give up - if the OP ever comes back they can follow your advice if they want. It's wrong, but what the hell. Why should that bother you?

marliepanda

fuzzything wrote: »

The regulations do not require an employee to use, or try out unsafe equipment before demanding the employer makes it safe.

The employer must ensure the equipment is safe to use.

A DSE Assessment would be a sensible way to determine this.

It’s a desk. A desk. And the man is tall. That’s it. A tall man at a Desk. How on earth is that unsafe?!

ScorpiondeRooftrouser

For all the OP knew, everyone else was constantly complaining that the desks were too high. It could have been perfect for them.

Cheeky_Monkey

sangie595 wrote: »

Can you please stop changing your argument? It was a dangerous, unseen and never used desk that was dangerous a minute ago! And there is still no evidence that the employer would not have done a DSE, or that the screen was "dangerous". The OP didn't ask for a DSE. They demanded a 19 inch screen because they wanted one. Need is assessed - not demanded. And nothing is covered by "occupational health" - it isn't a statutory requirement and half the world doesn't have OH!

The company has certainly acted unwisely, but there is currently no evidence that they have acted unlawfully. They may have breached the Equality Act, but that is by no means certain here. They have not broken any health and safety laws! Until the OP comes back and tells us that they sat at the desk, looked at the screen, discussed it with their manager and asked for a DSE which was then refused, the company won't have broken any health and safety regulations.

And yet, in post #23, you said that you suspected that if the OP did bring a claim, they would win!