Taking employer to tribunal while still working there

Preface12

Hi, just picking your brains if anyone has taken employer to tribunal while still working with them. I don't want to leave my job yet. I am disabled and have had some recommendations from access to work. Employer is not willing to implement them. I am hoping to sort these recommendations myself.

Jillanddy

It happens, but it isn't easy. You do realise that an employer doesn't have to implement the recommendations. They have to consider them, but if it would not be reasonable for them to implement adjustments, then they don't have to. Why are they not willing to implement them? 

74jax

Preface12 said:

Hi, just picking your brains if anyone has taken employer to tribunal while still working with them. I don't want to leave my job yet. I am disabled and have had some recommendations from access to work. Employer is not willing to implement them. I am hoping to sort these recommendations myself.

What are the reasons they have refused? I'm guessing the explanation was not reasonable? 

Have they given a final 'no' at this point with no compromise ? 

Undervalued

Preface12 said:

Hi, just picking your brains if anyone has taken employer to tribunal while still working with them. I don't want to leave my job yet. I am disabled and have had some recommendations from access to work. Employer is not willing to implement them. I am hoping to sort these recommendations myself.

Have you had any legal advice as to whether the adjustments that have been recommended are reasonable (from the employer's point of view)?

Reasonable adjustments do not go as far as many people fondly imagine. Plus, the fact that many "good" employers do far more in this regard than the law would actually require sometimes makes people think their rights are greater than is actually the case.

Even assuming you get sound advice that these recommendations are within the realm of reasonable then you still need to consider very carefully the "real world" implications of going down this route. It may be easier in a large organisation than it would be if you work for a small business where you will encounter the person you have taken to court on a daily basis.

To some extent it depends on your bottom line, if you will otherwise leave then it is I suppose worth a go if only to try and force some kind of settlement.

Dr_Crypto

It happens in the medical game from time to time but usually for junior staff who move on anyway. 

The matters are usually related to incorrect pay rather than a breakdown of the relationship between the doctor and their supervisors, however. 

Savvy_Sue

Too much to hope you're in a union, who could advise and support you?

MalMonroe

Preface12 said:

Hi, just picking your brains if anyone has taken employer to tribunal while still working with them. I don't want to leave my job yet. I am disabled and have had some recommendations from access to work. Employer is not willing to implement them. I am hoping to sort these recommendations myself.

You could contact acas. https://www.acas.org.uk/

They can give you some great advice about the Equality Act 2010 - https://www.gov.uk/guidance/equality-act-2010-guidance

- as well as the fact that employers can be taken to Employment Tribunals for not complying with recommendations they have been given in order to help their disabled employees, since that is classed as discrimination.

See also the information in this link - https://www.gov.uk/access-to-work

But the main thing is that employers are required to comply with recommendations to ensure that their disabled employees are not disadvantaged in any way.

MalMonroe

Jillanddy said:

It happens, but it isn't easy. You do realise that an employer doesn't have to implement the recommendations. They have to consider them, but if it would not be reasonable for them to implement adjustments, then they don't have to. Why are they not willing to implement them? 

Legally, an employer does have to implement the recommendations - which are normally reasonable. As per the Equality Act 2010. And if they are taken to an employment tribunal because they have discriminated against a disabled employee, they will lose their case. 

MalMonroe

Dr_Crypto said:

It happens in the medical game from time to time but usually for junior staff who move on anyway. 

The matters are usually related to incorrect pay rather than a breakdown of the relationship between the doctor and their supervisors, however. 

But those scenarios are not relevant here. This OP has the backing of the Equality Act 2010 and should not be discriminated against because of their disability.

Jillanddy

MalMonroe said:

Jillanddy said:

It happens, but it isn't easy. You do realise that an employer doesn't have to implement the recommendations. They have to consider them, but if it would not be reasonable for them to implement adjustments, then they don't have to. Why are they not willing to implement them? 

Legally, an employer does have to implement the recommendations - which are normally reasonable. As per the Equality Act 2010. And if they are taken to an employment tribunal because they have discriminated against a disabled employee, they will lose their case. 

I am sorry but that is not true. Recommendations are recommendations, not instructions. The employer must consider them, but if the employer determines that they cannot reasonably implement them, then they do not have to. If an employee then takes them to a tribunal the tribunal must determine whether or not their refusal was reasonable. It is not as clear cut as you appear to believe. You do not lose a tribunal for refusing to implement reasonable adjustments - you lose one for unreasonably refusing reasonable adjustments. There can be many defences that show a requested adjustments to not be reasonable.

Access to work assesses what adjustments a person may need to sustain their employment. Their assessment is about the individual. They do not assess whether what they are saying is reasonable in the employers position. What may be reasonable in one circumstance may be totally unreasonable in another. Since the OP has provided no information about  their position, it is impossible to guess at what a tribunal might think, but in the end the only arbiter of what is reasonable or not is a tribunal. It is not possible for you to assert that the employer will lose. 

Preface12

Thank you guys for all your input. So basically I suffer from a long term health condition and also have suffered a stroke. I have been with my employer for two years now but have had my struggles. I have just been getting along with my job as I didn't want to make a fuss. I don't want to be on benefits so I've just been keeping my struggles to myself. I was recently told about access to work which I knew nothing about. While at uni, I had dsa support which was incredible. I had a dragon which was the biggest support to me. So atw recommended I be supplied with a laptop and dragon, reduced hrs which might be difficult due to nature of work, support worker which employer says not possible due to nature of work, awareness training about my medical condition as I have had complaints from colleagues to management saying I am very slow and use the toilet a lot. Employer has refused saying they have a diversity training programme for all employees and if I want I can write an article on my condition. I have been talking to acas but employer still stands their ground. I understand some adjustments might not be reasonable but I feel that they do not even want to try. I am currently searching for a solicitor to give me their opinion on things. Thank you all.