Grievance what next

System

The grievance is nothing to do with working weekends. It's to do with the reasonable adjustments that they have removed

marliepanda

Has everyone else been asked to change and add weekends into their working pattern? Are there others who do not work weekends?

Working patterns can change and what the company considers reasonable can change. Clearly something about the working hours/environment has changed as they now need you to pitch in with weekends, which you have refused. You have refused to do them a favour, so now the consider the adjustments theyve made for you previously to no longer be reasonable to them.

You will not win at a tribunal for them not allowing you to swap a shift 'a few times a year'

Comms69

Jenjenjenna wrote: »

Hi , just looking for some advice.

I have a grievance open atm with my employer regarding disability discrimination,For flexible working when needed due to flare ups of my disease which cause me to pain to work on those days.

For removal of reasonable adjustments without warning (they are saying the reasonable adjustments that were in place for a few years weren't reasonable adjustment but a favour) this was in response to them asking me to work weekends which I declined to do. I didn't know unless I agreed the adjustments would be removed

Severql Refusals to provide occupational health review when I asked for to sort out some other adjustments I felt would help me . (Since I've sent the grievance they have now given me a occ review and they've stated the adjustments I've asked for are reasonable)

Failure to adjust targets when I was struggling (This caused me so much stress and the main reason why I was wanted a occ review)

Managers conduct towards me when discussing my disability, Inaccuracy records kept and Errors in procedure. They just have messed everything up and really treated me unfairly

I'm hopeful my grievance will be upheld i have lots of evidence and I've told my employer I feel unable to return back to work as I've lost confidence in my employer (I'm currently on work related stress sickness). If the grievance is not upheld I will take it to tribunal but if the grievance is upheld I'm keen to negotiate a settlement, can I ask for compensation within the settlement. As I am disabled I will struggle to get another job quickly can I ask that this is reflected in the settlement. If grievance is upheld and I'm unhappy with the settlement figure can I still go tribunal? The fact they would have acknowledged guilt does that mean I would automatically win my case at tribunal? We are currentlygoing through the consilliation process with acas who are completely unhelpful but at least I have a deadline now as their investigation has been going on for 3 months and 2 weeks so far. They have 2 weeks to give me a outcome.... any advice on what I should be doing when the grievance result comes would be so helpful

how long have you worked there?

System

Jenjenjenna wrote: »

I say flexible working however if I had a flare up I could swap that shift and work the hours back. This happens a few times a year, it also as far as I'm concerned part of my reasonable adjustments and I shouldn't be punished if they asked me to work weekends but I give clear reasons why I cannot and it wasn't part of my contract

So you want to be flexible, but not flexible on weekends...I see.


Reasonble adjustment doesn't mean "I get what I want or else". Sounds like they are willing to adjust, but you are not! Careful now, much more messing about and they'll find a way of getting rid of you, especially if you've been employed for less than two years.

System

I work part time with set shifts due to childcare. I can't work weekend due to this. I have had these shift for the 10 years I've worked there and it's a large company and everyone has different shifts. I was asked to work weekend because they have backlogs. I couldn't do this. Reasonable adjustments are a legal requirement although I agree it's down to the employer to state what is reasonable. They pulled my reasonable adjustment with out warning as punishment for me not doing what they wanted me to do. This is not fair. My adjustments have nothing to do with my shifts and Every time I disagreed with them I shouldn't have to face the removal of the adjustments that help me to continue working there. I don't think I'm special or expect special treatment. If they needed to change my adjustments (which in no way affect the company or backlogs) then I do see how they could do this without an occupational health review. ....

Anyway I will await the outcome and seek legal advice before making any other decision.

sangie595

Jenjenjenna wrote: »

I have Rheumatoid arthritis. Rheumatoid arthritis is not automatically a disability. And affecting you day to day isn't the test - the test is substantially impacting on day to day activitiesI never said it only affected me during flare ups. It affects me day to day hence why I was requesting repeatedly a occupational review. They refused this. Theres no right to an occupational health review. There's no obligation to even have occupational health provision! Do not confuse good practice with legal rights It was my understanding that I had a reasonable adjustment in place regarding the ability to swap shifts this was all written down and documented. Ah. But you see, "your understanding" isn't the same thing as a reasonable adjustment, and swapping shifts isn't flexible working either. However they are saying nothing was written down and it was just a favour which was in place for 2 years. This is not true. I have evidence of their refusal to provide an occupational review. So?In reference to the working weekends I never said that was to do with my disability I have other reasons why I cannot and they asked me the question and I said I couldn't do it, the next day I was brought into a meeting and told the arrangement in place regarding my flare up would be removed.

I'm sorry but I agree with others here - there is not a shred of evidence that you had a reasonable adjustment in place, and you definitely didn't have flexible working arrangements. What you had was an informal understanding with a sympathetic manager, who expected a quid pro quo - they'd let you make up shifts, and in turn they've asked you for some help and you've told them no. Such is life when you ask for favours and don't respond in kind. Letting you make up shifts instead of being off sick isn't a reasonable adjustment - it's a favour. Flexible working is a permanent and agreed change to terms, and often a reduction in hours or days of work - with a commensurate reduction in pay.

If your inability to work at the weekend is not a result of your disability, then it's irrelevant to everything else. It seems that you are using your disability to have things your way, but can't provide any flexibility or understanding when it goes the other way.

This is very unlikely to go well. I notice that you forgot to respond to my point about refusing to return to your employment.

I'm just going to randomly ponder on the fact that sometimes people think that disability discrimination claims are easy (they aren't, most fail), and result in huge awards (they don't, most awards are tiny, and the reason there are headlines about the big ones is because they are a rarity). Occasionally one comes across people who are under the impression that all they have to do is scream discrimination and the money comes rolling in. Happily, you'll be aware of the fact that that isn't true. If you are offered anything at all to go away, it's likely to be a few £thousand at best. Possibly enough to survive a few months. If you are very lucky, and patient (tribunal cases can take much over a year to be heard for discrimination claims) you could get double that. IF you won. Although the odds on winning are pretty low. Only 72 cases won in the last published annual statistics and the average award was £3,228.

And before you accuse me of being on the employers side, or not knowing a thing about disability, I'll just tell you what an awful lot of other posters here know - I'm a union official, I represent members all the time, have done for decades AND I'm severely disabled. So this advice is gratis advice on how not to make things an awful lot worse than they already are. Although I suspect that it's too late for such advice, because now you've introduced "work related stress" and lots of sick leave, you've just opened the door to very likely being dismissed fairly on capacity grounds or sickness absence. At best, you've put yourself in the way of a warning. You see, that's why people join unions- so that they can get told how to not make things worse before they do!

FBaby

How often did you request a change of shift before you were asked to work week-ends?

System

I receive high rate pip for mobility and living. I'm severely disabled. The reasonable adjustments were put in place after I had a prolonged flare few years ago and they agreed it as a way for me not to continue doing my job. However they are saying that no paperwork was kept from that meeting. However i do have emails confirming that i had the ability to swap my shift. It was put in place so I didnt have to go through the disaplinary procedurefor repeated flare ups

Im not trying too get easy money, and to be honest your tone is rude. Im not in for what i can get, i just aware given my circumstances it will take me longer to get a new job and i want them understand that if i go through the settement procedure. My reluctance to return back is more to do with my managers conduct and my lack of confidence that this wouldn't happen again. I didn't request or ask for a favour from them. I work bloody hard and I shouldn't be forced into working shifts I couldn't do. They asked if i could do it and I said I couldnt. If there was a problem with it they could had addressed it, not punished me through my reasonable adjustments.

Like I said I will get some advice from a solicitor rather that judgement from passive aggressive posters.

sangie595

Jenjenjenna wrote: »

I receive high rate pip for mobility and living. I'm severely disabled. The reasonable adjustments were put in place after I had a prolonged flare few years ago and they agreed it as a way for me not to continue doing my job. However they are saying that no paperwork was kept from that meeting. However i do have emails confirming that i had the ability to swap my shift. It was put in place so I didnt have to go through the disaplinary procedurefor repeated flare ups

Im not trying too get easy money, and to be honest your tone is rude. Im not in for what i can get, i just aware given my circumstances it will take me longer to get a new job and i want them understand that if i go through the settement procedure. My reluctance to return back is more to do with my managers conduct and my lack of confidence that this wouldn't happen again. I didn't request or ask for a favour from them. I work bloody hard and I shouldn't be forced into working shifts I couldn't do. They asked if i could do it and I said I couldnt. If there was a problem with it they could had addressed it, not punished me through my reasonable adjustments.

Like I said I will get some advice from a solicitor rather that judgement from passive aggressive posters.

You were the one who immediately started saying that you wanted a settlement and had no intention of going back to work, and if you didn't get one you would go to a tribunal, before there is even a grievance outcome. So it was you that has given that impression here that you are in it for what you can get, because that is exactly what you said. Your very clear statement that you aren't going back and you want a settlement leaves no room for interpretation on my part or anyone else's.

You aren't being given the advice you want, but you are getting the advice you need. There is no legal aid for employment matters, so this is going to be very expensive for you, and it is not at all uncommon for people to end up owing their solicitor more than they can afford to pay.

So actually, the only person being offensive and aggressive here is you, because you wanted different advice and you aren't getting it. And you still have no evidence that your claim this is a reasonable adjustment is a fact! Being able to make up shifts is a favour. It is not flexible working, and I have now explained what flexible working is twice.

System

I wanted advice on what happens after the grievance. I feel like I can't go back For a number of reasons. What happens if I go to tribunal? Can I go to tribunal if it's upheld ? I wasn't asking whether you thought I had a case for going, Or if you thought I was disabled enough to win. I didn't ask do i have enough evidence because you dont know evidence i have. Maybe I originally came across as all I care about is the money but it's furthest from the truth. I have a million thoughts in my head and I was looking for guidance on a path if my employer agreed they acted wrongly. I wasn't looking for the pretend answer but i was looking for a kind one.