Reasonable Adjustments & Significant Disadvantage

[tanglewood01]

Hello all.

 

I'm involved in an on-going trubunal with my employer. I need give a written response on a couple of issues to be discussed at a forthcoming Case Management Discussion (CMD).

 

The thing I'm having trouble with is: criterion or practice or physical feature which places me at a 'significant disadvantage'. I understand what it is asking but I wanted to see some examples of it being applied. I've searched and searched but can only find the legislation and guidance rather that it's practical application.

 

It is easy to answer this question in regard to some issues but I am unsure about others. For instance, accessability of the work place is a big issue and I'll have no problem with the 'substantial disadvantage' here because certain conditions would mean I was unable to access the office. Therefore the sunstantial disadvantage is access, I think?

 

What I'm really struggling with though is the lesser but still important issues. For example, my office chair is blocked in by another and due to a small office, my chair is often knocked, causing severe pain and agitation of my condition. I cannot rise from my chair without first having to ask a colleague to move and I need to stand often due to my condition and sometimes I need to stand quickly due to muscular spasms. I do not have space to keep all of the items I need in easy reach. How do I put the substantial disadvantage into words?

 

If anyone can give me guidance or point me to case law I would be really grateful. Thank you

[papasmurf1cx]

Hi

 

Is there any way the employer can easily and cheaply rearrange the physical lay out of this small office eg by you moving to a position that would not involve the constant standing up? If not then you might have a problem because the more costly the adjustment could mean the employer could wriggle free because if it places a huge financial burden on them they have a get out route.

[tanglewood01]

I don't have any problems with the case and they will not be able to 'wriggle' out of it. The adjustments I requested were reasonable and Counsel is confident that the Tribunal will agree.

 

I just need help with examples/case law/more detailed guidance as per my original post

[papasmurf1cx]

I am a bit confused. If you have Legal Counsel involved, why do you need help from Caggers? Are you arguing with your legal advisors?

[tanglewood01]

I am a bit confused. If you have Legal Counsel involved, why do you need help from Caggers? Are you arguing with your legal advisors?

 

Counsel does not represent me, they were instructed to give their opinion on particulars of the claim and the merits/chance of success. I have a solicitor but they do not provide representation so I represent myself at hearings. For reasons I won't go into here, I have found it is pertinent for me to gain as best an understanding of the legislation and it's application as possible and not to rely entirely on my solicitor.