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Reasonable Adjustment

FelixxFelixx Posts: 12Member Connected
edited January 21 in Ask an employment advisor
I'm trying to find some evidence or documentation that will help me with reasonable adjustment.
My Manager has know I have ASD, and dyslexia for the last 4 years and has done nothing to help me in the workplace and even refuses to provide education and awareness training to my colleagues, as he states it is unreasonable and impractical. 

He also recently refused to reasonable adjustment for a promotion interview, he told me there was when in fact I still had to proceed through a neurotypical type interview for the promotion.

Is there anywhere, or any way of getting what the courts or tribunals would consider a reasonable adjustment. What is even more disappointing is my employer is registered as disability friendly employer, with the government scheme

Replies

  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi @Felixx, thanks for sharing this with us and I'm so sorry to hear about your experiences. This must be a really frustrating situation for you.

    As you know, all employers have a duty to make reasonable adjustments. I've moved this into our employment advisor category where hopefully one of the team will be able to offer guidance. In the meantime, there's some further information on what constitutes a reasonable adjustment here: it certainly sounds like you have grounds to take this further.

    Reasonable adjustments include:
    • doing things another way, such as allowing someone with social anxiety disorder to have their own desk instead of hot-desking
    • making physical changes to the workplace, like installing a ramp for a wheelchair user or an audio-visual fire alarm for a deaf person
    • letting a disabled person work somewhere else, such as on the ground floor for a wheelchair user
    • changing their equipment, for instance providing a special keyboard if they have arthritis
    • allowing employees who become disabled to make a phased return to work, including flexible hours or part-time working
    • offering employees training opportunities, recreation and refreshment facilities


  • CirceCirce Posts: 36Member Courageous
    Hi, its hard to find direct info on this, I've found this out too, its hard to get employers to buy equipment for adjustments.the question is reasonable and employees use this to evade their duties.
  • livonialivonia Posts: 60Member Courageous
    My previous employer proudly advertised they were a disability aware and mindful employer and were working in conjunction with a local disability enabling company! When they were refusing reasonable adjustments I contacted the partner company who then liaised with the employer. In south west England try workways should come up on google search . If yu ring I’m sure they cd point you to someone similar in your area.
  • petetyermanpetetyerman Posts: 5Member Listener
    Contact access to work they can do an assessment and recommend adjustments
  • FelixxFelixx Posts: 12Member Connected
    @petetyerman Hi ive been in contact with Access to Work twice, twice I have had reports done and so far have been ignored...even had workplace assessment done by NAS....ignored
  • petetyermanpetetyerman Posts: 5Member Listener
    reasonable are just about anything that will help you  http://www.bristolautismsupport.com/reasonable-adjustments-at-work-for-autistic-adults/   gives a list as do many websites the british dyslexia sight has many.
    however if you are thinking that a tribunal is necessary the most important thing you need is evidence in writing of specific requests for adjustments that have been ignored or refuse, the ideal ones are those which are chap and easy to do as they are the hardest for an employer to justify . I was in a tribunal recently when when refusal of a spelling checker for dyslexia was enough to prove discrimination. if the access to work as any recommendation which not been implemented that is strong in a tribunal . the court take the Equality a Human rights advice https://www.equalityhumanrights.com/en/advice-and-guidance/equality-act-guidance  the guidance for employers is most useful as it states what they must do.  In effect the tribunal is likely to accept any adjustment that would help you unless the employer can show unreasonable which is not easy unless very expensive or has health a safety issues   . if you go to a tribunal they will try to 1 deny the disability 2 says its out of time so get your timing right. 3 month from last clear discrimination. The make sure you follow court instructions to the letter as the respondents solicitors know if you get to hearing  you will probably win.recurrent failure to make adjustments is also harassment particularly if deny the need for the adjustment for no good reason like the training issue . a harassment claim enhances you damages so include if you can. the tribunal process is stressful and long winded but can be used even without legal support if you prepare well.the most important part is getting the first claim details right 



  • Sam_ScopeSam_Scope Posts: 7,477Administrator Scope community team
    @jellybellybigbelly responded:

    I think you would need to seek an employment solicitor who specialises in disability discrimination.  They in turn will help you prove you have disabilities or advise where to obtain the relevant information from.

    Always check out your chosen solicitor on the SRA website.  There's a lot of sharks out there.

    Good luck!
    Scope
    Senior online community officer
  • FelixxFelixx Posts: 12Member Connected
    @Sam_Scope @jellybellybigbelly ;
    Unfortunately I cannot afford one of them..😕
  • Sam_ScopeSam_Scope Posts: 7,477Administrator Scope community team
    Have you looked at the Law Centre?
    Scope
    Senior online community officer
  • FelixxFelixx Posts: 12Member Connected
    @Sam_Scope We don't have one in my area
  • livonialivonia Posts: 60Member Courageous
    are you a member of a trade union at work?  if not considering joining as they should be able to support you?
  • FelixxFelixx Posts: 12Member Connected
    @livonia Hi yes I am a member of unison but because this all started before I was a member they can not do anything 
  • livonialivonia Posts: 60Member Courageous
    I would seek advice past your local level.  you will have a regional office.  maybe double check with them.   Unison might be able to provide you with support, even if they can't fix the past issues..... 
  • livonialivonia Posts: 60Member Courageous
    there is a financial assistance programme that unison provide, i would ask if they can provide you with some legal fee assistance as if Unison can't help on your problem, maybe they can give you a grant so you can employ someone.  
  • FelixxFelixx Posts: 12Member Connected
    Contact access to work they can do an assessment and recommend adjustments
    Already done twice and still nothing
  • FelixxFelixx Posts: 12Member Connected
    livonia said:
    I would seek advice past your local level.  you will have a regional office.  maybe double check with them.   Unison might be able to provide you with support, even if they can't fix the past issues..... 
    They have been as unhelpful as work it's self
  • FelixxFelixx Posts: 12Member Connected
    reasonable are just about anything that will help you  http://www.bristolautismsupport.com/reasonable-adjustments-at-work-for-autistic-adults/   gives a list as do many websites the british dyslexia sight has many.
    however if you are thinking that a tribunal is necessary the most important thing you need is evidence in writing of specific requests for adjustments that have been ignored or refuse, the ideal ones are those which are chap and easy to do as they are the hardest for an employer to justify . I was in a tribunal recently when when refusal of a spelling checker for dyslexia was enough to prove discrimination. if the access to work as any recommendation which not been implemented that is strong in a tribunal . the court take the Equality a Human rights advice https://www.equalityhumanrights.com/en/advice-and-guidance/equality-act-guidance  the guidance for employers is most useful as it states what they must do.  In effect the tribunal is likely to accept any adjustment that would help you unless the employer can show unreasonable which is not easy unless very expensive or has health a safety issues   . if you go to a tribunal they will try to 1 deny the disability 2 says its out of time so get your timing right. 3 month from last clear discrimination. The make sure you follow court instructions to the letter as the respondents solicitors know if you get to hearing  you will probably win.recurrent failure to make adjustments is also harassment particularly if deny the need for the adjustment for no good reason like the training issue . a harassment claim enhances you damages so include if you can. the tribunal process is stressful and long winded but can be used even without legal support if you prepare well.the most important part is getting the first claim details right 



    Hi don't need to worry as the discrimination is still ongoing, and I got the ET 1 in time as that is one thing they haven't challenged, ironically they have admitted I'm disabled on the ET3, but they are listing things like the manager having an open door policy as a reasonable adjustment, and some equally daft suggestions. There ET3 has more holes than swiss cheese 
  • petetyermanpetetyerman Posts: 5Member Listener
    a poor et3 certainly helps but they may try to enhance it  have you done a subject access request for you records often finds you evidence and internal emails which may enhance your case. I the case i was involved it produced emails including clear discrimination by the employer which we previously did not know about

  • FelixxFelixx Posts: 12Member Connected
    a poor et3 certainly helps but they may try to enhance it  have you done a subject access request for you records often finds you evidence and internal emails which may enhance your case. I the case i was involved it produced emails including clear discrimination by the employer which we previously did not know about

    That is one thing I haven't done as was trying to find some information as to what I can ask for etc, and how to word the letter 
  • vapegirlcloudsvapegirlclouds Posts: 5Member Connected
    Hello,
    I'm sorry you're going through this. Unison are useless, they should still step up as its blatant disability discrimination. 
    There.needs.to.be.a.nationwide.survey.of.disabled.workers.
    We have no voice. Our employers are signed up to the disability confident scheme and are still failing us. I'm a civil servant, work for a very large organisation. My manager called my reasonable adjustments a comfort zone I waited 18 months for equal access, the last 4 months I lost the plot, before it was finally done. I was forced to attempt to walk a route I was physically unable to, repeatedly had to justify myself.
    You've had two access to work assessments. Honestly I'd phone them and cry. See if they can enforce it on your employers. I know it's scary, we all don't say anything and get on quietly for fear of repercussions if we speak out.
    It doesn't, shouldnt matter if it's an ongoing issue with unison its disability discrimination. Also join a union separate to the one every one in work is in, my manager, the one who called my adjustments a comfort zone, shes a union rep! I made sure to join a different one.
    I'm sorry I cant offer words of wisdom, but I offer you solidarity. I'm in the same boat. Boasting employers who actually don't do anything to help disabled employees. And we're just lost, and struggling with nobody fighting our corner.

  • FelixxFelixx Posts: 12Member Connected
    livonia said:
    I would seek advice past your local level.  you will have a regional office.  maybe double check with them.   Unison might be able to provide you with support, even if they can't fix the past issues..... 
    I have been to unison direct and had zero help they just tell me to go back to the regional branch, and she is more interested in becoming a Labour MP
  • FelixxFelixx Posts: 12Member Connected
    Well, tonight I have become another statistic, as I have to say goodbye to what I thought was my career and find a job, that doesn't involve talking to or dealing with people, has no issues with ambiguity and zero prospects....
  • petetyermanpetetyerman Posts: 5Member Listener
    what does the laat post mean

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