Work and Disability

PoGee

I have a number of health conditions, around 3 of which are classed as a disability under the Equalities Act. I've been told that I need to work in an area where my symptoms increase. I can do my job while in the first environment but become unwell when in the second environment. This is causing anxiety at the thought of going into work. Do I get a sick-line or go into work and become unwell while at work? I'm about to send in a grievance and request adjustments - but don't know if I can go into work in the meantime, while this gets looked at. I have congenital heart issues meaning I'm afraid of collapsing at work, as a result of working conditions affecting my other health issues. Hope someone can advise.

Bobbobbobingalong

It's unclear what, if any, efforts you have made to this point to resolve the situation. I say that not as a criticism, but the first part of any grievance process is showing that you have tried to reach an informal resolution. So, absent that information, you should without delay speak to your line manager and insist that Occupational Health undertake an urgent review to assess your circumstances and suitability for that role. Then, and only then, assuming that nothing changes or changes that are made do not go far enough, raise a formal grievance on the basis that you are being forced to work in an environment that is potentially harmful to your health and likely in breach of the provisions of The Equality Act.

I would avoid going off ill unless you genuinely are but, insist that management discharge their responsibilities towards you as a less able bodied worker as above, it may well be the case that they send you home or redeploy you to other duties whilst investigations and adjustments are made.

marcia_

agree, there is no need to make a formal grievance to request reasonable adjustments. You should request these then take it further if you cant reach agreement 

Undervalued

PoGee said:

I have a number of health conditions, around 3 of which are classed as a disability under the Equalities Act. I've been told that I need to work in an area where my symptoms increase. I can do my job while in the first environment but become unwell when in the second environment. This is causing anxiety at the thought of going into work. Do I get a sick-line or go into work and become unwell while at work? I'm about to send in a grievance and request adjustments - but don't know if I can go into work in the meantime, while this gets looked at. I have congenital heart issues meaning I'm afraid of collapsing at work, as a result of working conditions affecting my other health issues. Hope someone can advise.

First you need to make your employer formally aware of the disabilities. Also make them aware of any advice you have received about what "reasonable adjustments" would enable you to continue working.

Your employer has a legal duty to make "reasonable adjustments"  but of course arguing about what is "reasonable" has kept lawyers in fat fees for generations! The employer may well want you to see an occupational health specialist (at their expense) for an expert opinion.

One point I always make is that "reasonable adjustments" legally do not go as far as many people fondly imagine. Many employers are very good in this respect and do far more than the law would require of them. That is very commendable but it does sometimes make people think that their entitlement is stronger than is actually the case.

TBagpuss

As above, don't go straight to a grievance unless you have already requested, and been refused, reasonable adjustments. You probably need to explicitly state that you have condition x which is a disability, and that you are requesting that you work in area 1 only as a reasonable adjustment.

While it is not strictly required, it may be helpful if you are also able to suggest how the need for work in area 2 can be managed - e.g. if there is another person who could work in that area, and you could take on more of the tasks they do in area 1, or of some of the work in the second area could be carried out elsewhere, or indeed if there are any other adjustments which could be made which would mean that you would be able to work in the second area . Obviously this would depend on the reason for it making you unwell but as an example, if you have a lung condition which is triggered by the second area, then requests for appropriate masks and/or  installing an air purifier / fans in the relevant rea might work, or asking that your time there was scheduled first thing in the morning before any thing built up.  

lincroft1710

Why are you being told you need to work in an area which affects your well being? Has your line of work changed or are there now regulations in force which mean your work has to be performed in such an environment?

Savvy_Sue

Join a union, or contact them if already a member. Which doesn't detract from the advice above 

Own_Worst_Enermy

Do not get a fit note, it rarely makes things better. 

I’m sorry I don’t know what to suggest. 

The nearest union rep turned out to be a driver or part of that team; over week later no action over sickness but apparently the manager knew this before actually last saying it. Which they maintained as a lie for just over a week,

PoGee

Thank you for replies. I made multiple requests for reasonable adjustments but denied. Union rep was no use whatsoever and in fact urged me to 'be fair', which meant agreeing to work on that area 'to see how it goes'. I ended up logging a grievance. 

Undervalued

PoGee said:

Thank you for replies. I made multiple requests for reasonable adjustments but denied. Union rep was no use whatsoever and in fact urged me to 'be fair', which meant agreeing to work on that area 'to see how it goes'. I ended up logging a grievance. 

In my earlier reply I said.....

Your employer has a legal duty to make "reasonable adjustments"  but of course arguing about what is "reasonable" has kept lawyers in fat fees for generations! The employer may well want you to see an occupational health specialist (at their expense) for an expert opinion.

One point I always make is that "reasonable adjustments" legally do not go as far as many people fondly imagine. Many employers are very good in this respect and do far more than the law would require of them. That is very commendable but it does sometimes make people think that their entitlement is stronger than is actually the case.

Do you have any expert opinion that says the adjustments you are requesting are reasonable (legally speaking)?

Ultimately, if you and the employer can't agree, only an employment tribunal can rule on what is reasonable in this particular case.

Maybe you are right and the union rep "was no use whatsoever", sadly sometimes that is the case. Or maybe he was correct? 

Will the union not arrange for a proper expert opinion and if that is favourable, but still not accepted by the employer, fund legal action?

PoGee

I have home legal cover through a rental property (covers personal issues also) and they've been helpful with advice. I've not gone the full hog and requested a review to see if a solicitor can take over - the 'is there more than 51% chance of winning' rule.