Not sure what to do?

jillydog61

Hello, i have not been on the forum for a while, cause everthing has been OK ish?
We now have a new manager at work and is causing me problems. I work in a large country store and have been for the past three years been able to sit on a chair, while at the till.
He has now decided to take the chair away, i have told him that i need to sit, cannot stand all day?
I am making myself ill worrying. Can feel my joints ready to go into full scale war.
Not sure how the law works in my favour, do not want to say something that is not fact. I am sure that the law states that employers have to make my working day comfortable? is that correct
Feel very sad today and very weepy, i know i should not let it get to me but its difficult. I enjoy my job and like going to work, but cannot stand all day
Can anybody please give me a little advise thanks Gill

mariefab

I'm sorry that your new manager is thoughtlessly causing this problem for you and I hope that we can help you to sort it out.

Was the chair at the till for anyone to use?
Or was it there for you, as a reasonable adjustment, because of your RA?

jennylynn

Hi Jillydog

I'm so sorry that you are having difficulty at work. It seems very silly to remove your chair without a reasonable explanation doesnt it? and the extra stress must be playing havoc with your joints :sad:

The equality of human rights commission explain the law on reasonable adjustments quite nicely, please find the link below. Its always nice to know where you stand as these areas can be so very grey and so very stressful.

http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/the-duty-to-make-reasonable-adjustments-for-disabled-people/

I hope once your manager realises the importance of being able to rest your joints they will make a reasonable adjustment and bring it back

Good luck,

Jennyx

caterina57

Why are they saying they need to remove the chair? must be a reason and you have a good reason to respond,
Cath

chris7

Hi Gill

Had the same thing happen at the shop where I work one day a week. They assume wrongly! that we are less productive if we sit down even though we are often there for a few minutes processing orders in addition to using the till! I am guessing what they really want is for you to be floor walking all the time and in my opinion hassling customers to buy more if your store is like mine? :roll:

I know others here have mentioned the reasonable adjustment which should give you some proctection to ask for the chair to be returned due to your health. The CAB would advise on that, though you have a useful link here too. We were told we could not use the perching stool unless we had a doctors note which my doc was happy to provide. That sorted it for me, I hope your new manager can see that the chair is not too much to ask and actually enables you to do a much better job.
Let us know how you get on.
good luck
Chris

jillydog61

Hello, thank you for all your replys, the chair has always been just for me , and the new manager told me "that he hates chairs" !!!! even though i told him about my RA, fell on deaf ears

I wish they could have my joints for a few days, i think they would change there minds.

I go to see my rhumy in two weeks and i will see if she will write me a note or something, feel like a school kid needing a note

Thanks Gill

mariefab

Well, as the informal conversation hasn't worked and you will be suffering until this is sorted perhaps a semi-formal approach should be the next step.
You could hand your manager a letter for his consideration (keeping a copy for yourself as a receipt).
For example:


Dear (manager's name),

Further to our discussion about the removal of the chair that was provided for my use at the till:

Your stated position is that you do not wish to have a chair at the tillpoint. However, the chair was provided for me as a reasonable adjustment because of my disability and thus complies with the requirements of section 20 of the Equality Act 2010.

I request that the chair should be returned. If you would like me to provide a letter from my rheumatologist supporting my request I will be happy to do so.

I would appreciate a written response to my request at your earliest convenience.

Yours sincerely





Signed (received by).............................................

Date........................


If he claims that having the chair, in a confined space, is a potential Health and Safety hazard (I've heard this excuse before) the answer isn't to fail to provide a chair. Instead he should source and acquire a suitable chair that does comply with Health and Safety requirements.

If he resists your request, or you receive no response within 28 days, the next step would be a formal Grievance, to the next level of management, on the grounds of disability discrimination.

jillydog61

THANK YOU Would never have thought of that
Gill

jillydog61

Hello Mariefab, thanks for the letter, handed it in yesterday and also emailed a copy to HR, felt scared, silly i know.

i am taking today off sick, joints bad, as everybody knows stress and RA do not mix. I enjoy going to work and this is making my working and home life hell at the moment.

See Rhuemy on tuesday, see what she has to say.

Thanks again Gill

speedalong

Great letter Mariefab.

Jilly it is stressful fighting for what we need. But a great relief when it is sorted out. Hope this is worked out soon, worry is no good for the joints - gives arther an unfair advantage.

Silly man - who cares if he likes chairs or not?! You don't like him, but you have to put up with him!!

Speedy

mariefab

Sending a copy to HR was a great idea Gill. They ought to be fully aware of the employer's duty to make reasonable adjustments and the potential consequences of failing to do so. Hopefully they'll have a word in your manager's ear to resolve things quickly.
What they really should do is consider whether there are any other reasonable adjustments that can be made to assist you.

I'm a bit concerned that you felt scared though. Is this manager a nasty piece of work?
If he says or does anything to you (because of the letter) that could be regarded as a detriment this would be victimisation which is prohibited by section 27 of the Equality Act.
So, you certainly don't have to take any nonsense from him.

jillydog61

Hello he is a bit of a bully! we have a lady who is 65 and gives 150%, she is brilliant. He spoke to her, well, i cannot tell you. She went home and could not sleep because he made her feel the lowest of the low.

So you can understand why i feel a little scared! Unfortunaltely i am off for a week, on hols not sick, so i have to wait a week to see what has happened, wish i was at work so that i can fight my corner

Thanks again Gill

jillydog61

spoke to Rach at work and i have to provide a letter from my rhuemy, and luckily i see her tomorrow, so keep your fingers crossed
Gill

Pherstun

Hi Gill

Did you get your chair back?

Debbie

kneegirl

When my Manager was being a bi*ch I got a letter from my consultant (this wasn't arthur related though it was a few years) He basically wrote in other words but "hope you will do as I have told you to do" (he didn't word it like that though!!)

xx

GUINDI

Hi Gill,

I wonder how you get on. Our pals in the forum are right. An employer MUST make a reasonable adjustment in your working life if suitable. Now, I do not see what a heck his problem is with you having a chair when you are behing the till.

I would definetly not letting go and like Cris suggested have a look at th equality act information - if he is making you ill the problem will be worse for him.

Cannot believe people in this world!!!

hope you are okay and keep us informed - Love . Paloma xxx

jillydog61

Hello, would like to tell you after god knows how many weeks. YEAH I HAVE MY CHAIR BACK Yeah.
Shame i had to fight for it!!!!!
Stupid man, "what goes around comes around" I HOPE

Would like to thank everyone for their help especially mariefab, brilliant letter

Take care everyone GIll xx xx xx xx

chris7

Hi Gill

Good to see your update.
It may seem a small triumph but I do know what it means so well done to you and mariefab for the return of the chair.
take care
Chris

GUINDI

Brilliant news girl

xxx

kneegirl

brill news