Reasonable Adjustments

sangie595

Cheeky_Monkey wrote: »

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

And, under the Equality Act, I still believe so. But I'm not the one arguing the Health and Safety Acts or that the desk they have never seen is unsafe! If they brought a claim under the Equality Act the employer, based on the OPs information, would have no defence because they didn't do what they should have done when someone claims a disability - whether or not they are disabled.

dori2o

There is also an assumption that the OP 'demanded' these things.

We dont actually know what the context was, but as the OP has stated they worked within the call centre environment for many years it's acceptable to assume that in previous roles they have had these very same adjustments made.

I think its likely that the employer asked whether and adjustments may be needed due to disabity and having had these adjustments in the past the OP simply put these down.

This is not a demand. This is not someone saying I must have x, y, z. It's merely someone answering a question based on personal experience.

IMO the proper way for the employer to act would not be to withdraw the offer but to work with the employee to see what is needed by way of DSE/OH assessment.

By not doing the employer has potentially left themselves open to a potential discrimination claim which could very well be sucessful, and cost the employer far more than the cost of desk risers (blocks put under the legs/feet of the desk to raise it up) and a 19/21" monitor.


As for the comments that a desk and screen cannot be dangerous, that is true, but the comments is unhelpful and very ambiguous.

Whilst the items themselves may not pose a danger (assuming they are of suitable quality and not damaged) sitting at a desk which is unsuitable is a danger to health.

Given we've heard that the OPs condition may mean he has longer than average limbs, a raised desk may well be a standard requirement.

It could well be that in order to sit in the correct ergonomic position, with feet flat on the floor, knees bent at approx 90 degrees, knees and hips at the same level or knees slightly lower.

Keep your back supported and upright, hips right back into the chair, shoulders relaxed, elbows at between 90 and 110 degrees, screen at eye level, focussing on the most used area of the screen.

If the OPs issue is due to long legs then he may have to have their chair raised to the top of the riser in oder for them to sit properly. Sitting with legs outstreched is not good for the back or for circulation when sat down all day.

This in turn may mean that the OPs legs are hitting the underside of the desk, or because theyre sat so high they have to hunch over in order to use the keyboard, meaning the desk would need to be raised, and they may even need risers or other equipment to make sure the screen is still in a suitable position.

If they have eyesight problems they may need a larger screen.

Yes they can zoom in, but with smaller screens it may cause issues with pixelation, bright colours, or may not allow the user to view a sufficient area of the screen meaning they have to continually scroll side to side or up/down.

Just by wearing glasses their issues may not be resolved. Glasses are not the answer to everything eyesight related.

We have a few staff who wear glasses but who also need larger than normal screens, and in some instances they have to use assistive software or other assistive technology.

Until you have to live with issues like this which in many cases can be disabilities, you dont know how it affects people.

I never understood myself what people dealt with until I became disabled myself.

It might only be a desk and a chair or a screen, but incorrect working environments and posture can and do cause severe health problems.

TRICKY89

Hi,
I'm involved with a discrimination claim under the Equality Act so have done some research and had advice from a solicitor. First off, I'd advise you to book a short session with an employment solicitor. I did that and it only cost £50 quid for 1/2 hour and their advice to me was worth way more than that. That's in London too. May be cheaper elsewhere.
This is just my opinion so please take it as such, I'm not legally trained.
I've looked up Marfan Syndrome and I think it would be considered to have ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. I expect that on top of the illness you are suffering side effects from the medication you are required to take. Marfan Syndrome is also a progressive illness and this can also define it as a disability under the Equality Act. I think an Employment Tribunal would accept a claim that you had a disability under the act.
As such an employer has a duty to make reasonable adjustments so that you may carry out your duties as an able bodied person would.
You have made your potential employer aware of your condition prior to and after the offer of a role. Unless you ticked a box on an application form stating that you didn't claim you were disabled (which,incidentally, should no longer be on most application forms) they cannot say they were unaware of the fact.
Employers, by law, have to make reasonable adjustments. They can only refuse to do so in extreme cases; for instance a small business may claim that installing a disabled lift would bankrupt them.
I don't know the size of the organisation in question but it would seem to me that the adjustments you have asked for are not expensive. If they are questioning whether they are necessary they could have asked for a medical report from your doctor to explain your needs.
The key element is that they offered you the role and then reversed the decision based on your disability requirements. If they stated it was reversed because they would not be able to accommodate your health requirements, I would suggest that you have a very clear claim for discrimination under the Equality Act 2010.
As,I say,I'd advise you to book a quick session with an employment lawyer. Take all your letters with you and go from there.
Best wishes

lincroft1710

Interestingly the OP has not updated on what he intends doing