No...we won't be doing reasonable adjustment

Following a third grievance for failure to provide a reasonable adjustment (necessary information given late, inaccurately, or not at all) my work have said they're just not going to bother anymore.

They've admitted their complete failure to provide a very basic adjustment, of zero cost, and basically said: "What are you going to do about it?"

It's not that they can't provide the reasonable adjustment, it's just not something they want to do. It would set a precedent of actually giving support.

That's alongside a couple of upheld grievances regarding management using discriminatory language about me, plus another upheld grievance for a different failure of reasonable adjustment.

Insulting settlement rejected. ACAS involved. Tribunal likely.

  • Employer rerferred me to a neurodivergent support service (£££) and management will be told that yes, I am capable of doing my job, buy THEY need to provide the agreed reasonable adjustments.

    The assessor was not impressed by my employer not doing so, especially as they are minimal effort and zero cost. There will also be a recommendation for managers to be given disability awareness training.

    I'd find it funny if it wasn't so tragic, and hadn't made me repeatedly unwell.

  • Best of luck with that. I used to work in employment law and saw all sorts of strange goings on (primarily from businesses refusing to budge an inch).

    And have been on the receiving end of discrimination from several employers. I think most of them don't understand much about employee rights.

    At least it's better here than in America (although that's a low bar to reach). They're so hard capitalist out there most employees barely have any rights in the slightest. It's not even a legal requirement to offer holiday days.

  • Paperwork done and sent off to the relevant authorities.

    It seems daft that it has come to this when all I have asked for is a simple, free, and low effort agreed reasonable adjustment to be respected.

  • Dealing with this via the law courts is the only way to tackle disability discrimination, as disabled people are treated like rubbish all the time and this has to be stopped - most abusive employers are terrified by the idea of the courts or an industrial tribunal and they do everything to avoid and/or prevent it from happening - this must be put out there in the public arena for any real change to happen, as there comes a point where it’s no longer about money or compensation - they see us as troublemakers for challenging thier rotten attitudes and they need to be challenged - as ineffective as the system is perceived as being, a rare court victory can prompt big legislative change, especially if there is media coverage and abusive employers are shamed into action, perhaps the public outcry might even trigger a boycott - look at how LGBT people have fought for rights and equality for decades 

  • Excellent - time to engage an employment solicitor in my opinion.

    They admit to breaking the law, you have a credible witness and they have a track record of failing to deliver - you can probably get one of the no-win-no-fee solicitors but try to ensure they have experience of dealing with disability discrimination cases and make sure to give them some links to get up to speed on autism.

    If you can afford it then hiring a lawyer with autism experience and employmnet law would be the most effective way to get more of any claim for your own pocket.

    Let the solicitor advise on the course of action - all this would be my way of dealing with your situation.

  • They've admitted their complete failure to provide a very basic adjustment, of zero cost, and basically said: "What are you going to do about it?"

    I would say get this in writing or at the very least get a friendly witness for the interactions - these will all help you secure a healthy payout in a court case.

    If nothing else it gives you the chance to respond to the "what are you going to do" question with "sue your asses off and get you sacked - does that answer the question?"

  • The annoying thing is there have been times where they have managed to provide the adjustment, over a period of several weeks, accurately.

    I think they just don't want to because I won't give in to pressures to do extra work, or things that are not in my contract.

    I am seen as a problem. They want to be rid of the problem, so are trying to make me quit, or so ill I cannot continue.

  • That's better than nothing. It's a shame though. If you had a legal advisor privy to every detail you could really off load the mental effort to them and just sign things as needed. I'm told direct acess baristers are quite good because they can do all the advising and speaking for you, you just have to fill out your ownforms.

  • I assume you're still working there but continuing to do so in that environment is likely to be detrimental to your mental health.

    According to this CAB article you may be able to claim for constructive dismissal if you resigned because your employer didn't give you the support you needed to do your job.

    https://www.citizensadvice.org.uk/work/dismissal/check-your-rights-if-youre-dismissed/dismissal/claiming-constructive-dismissal/

    You definitely need appropriate professional advice.

  • are you speaking to a solicitor / barister?

  • TW:

    Feeling massive anxiety and huge depression today.

    Dreams of drowning last night. Seems to sum up my situation.

  • All I can say is fight the good fight dude

  • i had grievances but in my place the house always wins so it just burnt me back instead

  • Please continue this legal action if at all possible, gathering as much evidence as possible - this is not an option for this employer, it is a legal obligation and they are clearly breaking the law, for which they must be held legally accountable and prosecuted in a court of law 

  • It's a tricky one. I'm currently going through the process of getting reasonable adjustments in place.

    I guess you may need to prove that they are being unreasonable which could be difficult. 

  • A lot of this is now due to me having had many grievances upheld...the management just don't want to do their legal duty.

  • yeah i have a similar situation.

    i actually had a sick note for 4 weeks with stress and it said i can come back immediately if they provide reasonable adjustment of putting me on 7am shift... totally refused and out right told me they will never let me have that because they know i want it and they dont want to allow me things i want. but anyone else with sick note gets put on 7am. im treated differently, im refused reasonable adjustments. they simply hate me. and no theres nothing we can about this aside from just leave and then sue them for constructive dissmisal thats the only thing, it would count as constructive dismissal.