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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47874
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I have asked my employer adjustments to help me cope with my job and contin

Resolved Question:

I have asked my employer for reasonable adjustments to help me cope with my job and continue to take medical treatment. They have put me through so manyv occupational physician and therapist assessment but not implimenting recommendations so io made direct request is this appropriate?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.

Nearly 20 years

Customer: replied 1 year ago.

Nearly 20 years

Expert:  Ben Jones replied 1 year ago.
Hello sorry I was offline by the time you had replied. The is certainly nothing wrong with making a direct request. It is not the responsibility of the occupational therapists or physicians to make such adjustments- they may be used to confirm their need or recommend what adjustments may be needed but the actual implementation rests with the employer. It is the employer who would be liable if the adjustments are not made.What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.So do not worry, you have not done anything wrong and you have done the right thong in making a direct request.This is your basic legal position. I have more detailed advice for you in terms of the options you have if the adjustments ate still not implemented, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. If the adjustments are not implemented then that could amount to disability discrimination. In the first instance this should be pursued via the grievance route at work. If that does not help, a potential claim in the tribunal can be made, something which must be done within 3 months of the alleged discriminatory act happening. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.