Fun times ahead not, What's considered Reasonable Adjustments in work!

[Ellie Jones]

I've got a feeling what I consider to be 'Reasonable Adjustment' isn't going to be the same as my employers.

My notion of reasonable adjustments...

I'm allowed to suitably treat hypo's, and test as required (I've just invested in CGM, to make keeping an eye on my levels, and averting hypo's etc easier and basically either none or give minimum disruption)

Breaks, Consideration is given to the need to go first breaks, due the need to have something to eat. (and not enforced missing breaks due to being on second, and running out of time to fit them in around residents needs)

Rota's, when our rota's are compiled (we work floating rota's, 3 x 12 hour shifts) that I have adequate down times. Same as my work colleagues, most weeks it seems that I'm in work more than at home, the only time I get two consecutive days off is on my weekend off. Other colleagues are having 2, 3 and four days off between shifts, and like me they don't do more than 2 consecutive 12 hour shifts.

The discussing I had with my manager in the week a pre rollocking, before it's decided whether I can keep my job, or in her words is the job the right one for me and my medical condition!

As treating hypo's or suffering with an extreme high (very rare, only been a recent thing as I adjust to my new insulin pump) means that I am not pulling my weight etc and totally out of order!

Didn't even discuss Rota's as yet.. So that's going to be interesting indeed, as I've had an added duty put onto me, that of taking a work colleague back into town as she has no transport nor is there a bus available at our finish time! This actually puts 20 minutes on my journey home, as yes I know that I already drive 3/4 hour each way, as I live in another town, but I drive over the hills unless really bad weather depicts it's wiser to drive trough Taunton.

So what would others say was considered Reasonable Adjustments

 

[Bronco Billy]

Hi Ellie.

Am I right in thinking that your job is under threat because of your medical condition? I’m, no expert, but that does sound like it is illegal.

The problem with the reasonable adjustments duty is that it doesn’t specify what is and isn’t reasonable, thus leaving it open to interpretation. That said, you should be able to treat hypos and hypers as required. I wouldn’t like to comment on your other points, except that if the employer is obliged to give breaks during the working day, these should be incorporated. You then may have a case to be given consideration in respect of the timing of the break.

You may find the link below to the Acas website about reasonable adjustments useful.

http://www.acas.org.uk/index.aspx?articleid=6074#When must an employer make reasonable adjustments?

 

[AaronH83]

Why are your work making you responsible for your colleague's transport? Surely that's their own responsibility? Are you being paid mileage for this? Or is your colleague at least contributing petrol money?

 

[JMyrtle]

Go to your union rep as soon as possible, from my experience, although a little out of date these days very little of this sounds legal.
If you are not in a union Diabetes UK should be able to advise on your legal rights.

 

[Amigo]

You need to consult the experts on this ACAS. Here’s the link to their helpline. They’re used to advising and mediating on employment rights particularly as they relate to disability. Employers are wary of falling foul of them in my experience.

http://m.acas.org.uk/index.aspx?articleid=1410

Good luck. You have right and legislation on your side!

 

[Pumper_Sue]

You are not a taxi service and I wouldn't mind betting your car ins doesn't cover you for such. It's your work colleagues problem as to how they get to and from work.
I really can not see what your problem is adjusting to a new pump, as to hypo's just make sure you have hypo treatment in your pocket and carry on with your job. You have been o a pump for quite a few years now so should be able to adjust on the move so to speak, and in all honesty if you can not what are you doing driving to and from work?

No idea either about having first breaks, why is this needed you are on a pump? Surely you can skip meals when you please and eat as you please as well.

Breaks, Consideration is given to the need to go first breaks, due the need to have something to eat. (and not enforced missing breaks due to being on second, and running out of time to fit them in around residents needs)

By law after working x amount of hours you are entitled to a break anyway.

 

[DaveB]

Hi. I don't understand the bit about needing to have meal breaks when on MDI or a pump? Surely it doesn't meter when you have or don't have meals with a few exceptions?

 

[AJLang]

Ellie reasonable adjustments need to relate directly to your disabilities eg diabetes, they should make reasonable adjustments if they relate to your disability and then only if it can be accommodated within business needs. Are they trying to give you a hard time because you asked for time off for appointments and are now trying to persuade you to leave. If you think that is the case don’t let them. Unions can somtimes, but not always, help. I can’t for the life of me see why you are expected to give someone a lift home.

 

[trophywench]

Unless you merely offer to give her a lift - normal Private Use motor insurance won't cover you adequately. If you have only agreed to do it as a condition of your employment, then you need Business Use cover.

 

[KARNAK]

Unless you merely offer to give her a lift - normal Private Use motor insurance won't cover you adequately. If you have only agreed to do it as a condition of your employment, then you need Business Use cover.

Correct.

 

[Deleted member 21371]

Unless you merely offer to give her a lift - normal Private Use motor insurance won't cover you adequately. If you have only agreed to do it as a condition of your employment, then you need Business Use cover.

Company car maybe?

 

[Ellie Jones]

Sorry that I've not replied sooner,

Rang ACAS, really none the wiser, the law is grey concerning 'reasonable' and really didn't get any advice other than, well you've worked for the company long enough to pursue an unfair dismissal claim, er right, but would I be unfairly dismissed etc, well couldn't even give an indicator to whether I might or might not have a claim.

So decided to give my union a phone, well that's been a waste time, but the time my union rep phone 3 days later, I was working. He did speak with hubby, who said I'd be home late afternoon the next day, but alas he wasn't available so would get a work colleague to phone. Got home at 2.30 to an message on my answerphone, said colleague at rang just after 1pm. Did leave a phone number, but this isn't being answered. So appears the Union subs I've paid for years, means nothing as I'm none the wiser.

 

[Pumper_Sue]

Sorry that I've not replied sooner,

Rang ACAS, really none the wiser, the law is grey concerning 'reasonable' and really didn't get any advice other than, well you've worked for the company long enough to pursue an unfair dismissal claim, er right, but would I be unfairly dismissed etc, well couldn't even give an indicator to whether I might or might not have a claim.

So decided to give my union a phone, well that's been a waste time, but the time my union rep phone 3 days later, I was working. He did speak with hubby, who said I'd be home late afternoon the next day, but alas he wasn't available so would get a work colleague to phone. Got home at 2.30 to an message on my answerphone, said colleague at rang just after 1pm. Did leave a phone number, but this isn't being answered. So appears the Union subs I've paid for years, means nothing as I'm none the wiser.

Perhaps read the replies you have received on here and then consider the reasonable adjustments you need to make!

 

[Ellie Jones]

Sue I have read the replies here.

Some good advice, and sure I've considered my position and what I would deem reasonable, I'm aware that I do have certain protections under the 2010 Equality Act concerning my medical condition, but also realise this protection is pretty grey with 'reasonable' and what could be considered 'Reasonable' for one company may not for another etc etc.

And it's not me, making reasonable adjustments, it my company and work colleagues that need to make adjustments so to speak.

In truth my company or should I say my work colleagues are trying to oust me from my job, bullying me hasn't worked, they can't get me on work practices I do my job to an high standard so what have they left.... Trying to get me sacked, have my hours cut so that it's not financially viable to travel to work, or downgraded to a lower paying position.

So for me, it's important to know my rights, as I will be going into a meeting that could have a serious impact on me, and really don't want to make the wrong choices.

I have finally spoken to somebody at the union, who were actually quite dismayed with what's happening, at this stage their advice is. Not to agree to anything in the meeting, but to get them to put their intentions into writing, I.E they want to cut my hours, move to a different post etc etc, with reasons to while they feel this is the best options for me, then the union is more able to advise me, as at this stage if I don't agree with any of their intentions, it comes under aggrievance and at this point the union can then come in on any meetings etc,

 

[PhoebeC]

Glad you spoke to the union. What's your plan now?

 

[Ellie Jones]

Enjoy Christmas, I know that nothing now will happen until after, as Occupational Health haven't made any contact with me so far, until they've done their bit, not meeting can be held, and I've asked to a copy of their reports prior to further meetings. I have no intentions of going in blind not knowing what they have said/suggested to any meeting.

And now I know that, they can't expect me to make any decisions at a meeting, as I can request they put any decisions they've made or are requesting me to do such as reduce hours and/or change position within the company I can insist they put this in writing for me to consider.

It will be kind of play it by ear, and take each step at a time, and consider the next move.

 

[Pumper_Sue]

Must admit I am more than confused by your posts as your original post mentions nothing about reduced hours or shift changes. You were just complaining about meal breaks and treating hypos!
So why have you moved the goal posts to completely different issues?

 

[trophywench]

It's sometimes very difficult - when you're under pressure - to ask the right questions without saying things which might not be relevant to getting the answers you actually want to get right now - these problems are usually as a result of things which have happened over a very long period. Been there done that.

 

[PhoebeC]

Enjoy Christmas, I know that nothing now will happen until after, as Occupational Health haven't made any contact with me so far, until they've done their bit, not meeting can be held, and I've asked to a copy of their reports prior to further meetings. I have no intentions of going in blind not knowing what they have said/suggested to any meeting.

And now I know that, they can't expect me to make any decisions at a meeting, as I can request they put any decisions they've made or are requesting me to do such as reduce hours and/or change position within the company I can insist they put this in writing for me to consider.

It will be kind of play it by ear, and take each step at a time, and consider the next move.

Totally agree, best to be prepared before any meetings. Be focused and in control of it at all times.

For now like you say enjoy christmas. Hopefully you have some time off away from the place.