Failure to make reasonable adjustments/threats

Belles1979

Hi,

I know reasonable adjustments have been discussed many times on here, but I have a slightly different (I think) question.

I suffer with multiple psychiatric conditions, one of which affects my memory. There is no issue whatsoever with my regular, day to day work, however, there is one adhoc task which arises 2 or 3 times a year, if that. My employer has received 2 OHA reports, an OHP report, and a report from my specialist stating that this task should be removed from my role as with my condition, and it being so infrequent and easy to be absorbed by my colleagues with little or no impact, it is a reasonable adjustment.

Management are refusing point blank to accept this adjustment, but will not, despite asking repeatedly both orally and in writing, tell me why.

I have now been referred for a workplace functional capacity assessment, but they have given me no idea of what it is, what to expect, and what it is designed to achieve.

However, earlier this week, I was told outright before this capacity assessment, and all of the reports advising that the adjustment should be made as this very small part of my role is clearly arising from disability, that it will never be made, and I have 6 months to "get myself to a point where I can fulfil all of my role and responsibilities or they will start an exit plan".

Now, I don't expect that the world owes me anything, but with all of these independent reports they commissioned but are ignoring, are they failing in their duty? Why are they refusing to tell me why? And is it my imagination, or have they threatened me with dismissal if I don't stop being disabled?

Please be gentle with me, I am just confused by their behaviour and looking for a little advice/guidance.

Comms69

Surely you can just set a reminder somewhere??!!....

gettingtheresometime

Is it a case you forget how to do the task or you forget to do the task?

Is the task something that takes a couple of hours or a few days / weeks to complete?

Belles1979

if I could remember to set a reminder, then that would work. Also, if the reminder goes off whilst I'm doing regular tasks, I'd forget again by the time I'd finished it.

Belles1979

gettingtheresometime wrote: »

Is it a case you forget how to do the task or you forget to do the task?

Is the task something that takes a couple of hours or a few days / weeks to complete?

I forget to do it. It takes literally around an hour spread in short bursts over 6 weeks and happens about three times a year, if that. I just don't understand the problem. I've even offered to take regular work off colleagues doing it to support them in supporting me.

BorisThomson

An employer does not have to agree with OH recommendations. Reasonable adjustments are open to interpretation, and they may have a different reasoning as to why they feel this is not reasonable or practicable.

Are you otherwise happy in the role? If so, knowing how difficult it can be to get a new job with the stigma around mental illness, I'd be thinking about how you could do the task or find some middle ground. Would it be helpful if someone else reminded you?

Takeaway_Addict

Belles1979 wrote: »

I forget to do it. It takes literally around an hour spread in short bursts over 6 weeks and happens about three times a year, if that. I just don't understand the problem. I've even offered to take regular work off colleagues doing it to support them in supporting me.

So why do you forget to do this work and not another part?

Is it generally seen as a poor part of the job?

TELLIT01

Takeaway_Addict wrote: »

So why do you forget to do this work and not another part?

Is it generally seen as a poor part of the job?

I'm sure Belles1979 can explain further, but my brother had a similar problem following a car crash in which he suffered severe head injuries. Give him a job to do and explain it thoroughly, and he would be able to do it very well day in and day out. Move him away from that job for a few weeks and he would have great difficulty in doing it again without the requirements being fully explained again. It's not a case of the individual being difficult, but it does look as if the company, or certain individuals within the company, want him out. My brother was fortunate in that most staff were very supportive.

sangie595

As had already been explained, what a reasonable adjustment is had nothing to do with medical professionals or their opinions. They don't employ you. And we don't know how important this is our why the employer refuses to agree. But they'd be daft to refuse without reason. So I have to presume they have one.

There is only one body that can decide if what they decide is reasonable or not - that's an employment tribunal. And by that time you have lost your job. So I'm afraid you must go with this process to the end. Fight back, by all means. Cautiously, and cleverly. Appeal at every opportunity. But you must cooperate. If you don't, you will haves no argument in law.

Belles1979

TELLIT01 wrote: »

I'm sure Belles1979 can explain further, but my brother had a similar problem following a car crash in which he suffered severe head injuries. Give him a job to do and explain it thoroughly, and he would be able to do it very well day in and day out. Move him away from that job for a few weeks and he would have great difficulty in doing it again without the requirements being fully explained again. It's not a case of the individual being difficult, but it does look as if the company, or certain individuals within the company, want him out. My brother was fortunate in that most staff were very supportive.

Thanks TELLIT01, that sums it up pretty much, but rather than forgetting how to do it (I could sit here now and talk you through step by step), it just doesn't remain in my radar. It happens with aspects of life outside of work too, going for quarterly blood tests, booking the car service/mot etc.

Belles1979

sangie595 wrote: »

As had already been explained, what a reasonable adjustment is had nothing to do with medical professionals or their opinions. They don't employ you. And we don't know how important this is our why the employer refuses to agree. But they'd be daft to refuse without reason. So I have to presume they have one.

There is only one body that can decide if what they decide is reasonable or not - that's an employment tribunal. And by that time you have lost your job. So I'm afraid you must go with this process to the end. Fight back, by all means. Cautiously, and cleverly. Appeal at every opportunity. But you must cooperate. If you don't, you will haves no argument in law.

Thanks for this.

Any thoughts on telling me I have to make myself fit or dismissal?