Reasonable Adjustments, and planning for change.

[spanglechick]

Hi all

I have pretty bad osteoarthritis in both knees (plus a chronic neuro condition that makes me permanently exhausted, but which is mostly managed with meds). I’ve recently been awarded a blue badge for my mobility issues.

Work are aware of both conditions, but explicitly there has been action around my mobility, in that I emailed our operational manager (we are a secondary school) to request a lift key as a reasonable adjustment.

I might not stay there forever, and teaching is an active job where vanishingly few people my age (mid forties) or above are still employed, and so I need to be fairly circumspect wrt time off etc due to disability.

Anyway. (And this is quite involved, so forgive me) the current problem is this.

During my teaching week I work in nine different rooms over a fairly large three story school. This is not standard: all but six full tome teachers have their own teaching room, but we have a shortage of rooms for drama and music.

It has been decided that during the six week exam period, two of my teaching rooms (representing 50% of my teaching timetable) will be given to the SEN dept to run exams for SEN students. The reason to choose these rooms is that they are closest to the SEN dept, however, we’re they to take over rooms in, for eg, the English dept, those classes could be reroofed to any other room with desks (of which there are comparatively many). It’s a judgement call.

Anyway, my issue is that, worst case scenario, I could now have up to 19 different rooms a week (plus meeting and using the faculty office as vase that’s around twenty journeys across the site every day), and that this would exacerbate my arthritis and cause me pain, and potentially require me to have time off.


So, what I want to know is, how reasonable is it to expect that my needs were factored into the original decision (which they clearly weren’t)?

And also how much of a fuss can I legitimately make about this before it can be interpreted that I’m being a primadonna?

 

[8115]

Potentially looks a bit personal, although this is near impossible to prove. Has this happened to other people in a comparable situstion but without health issues. And of course, quite often what looks like malice is just stupidity. There's a saying about that, I think.

My gut instinct is that if you don't do something now, you are setting yourself up for a host of problems down the line. Of course, if you do there may still be problems but that's a worst case scenario.

 

[spanglechick]

Potentially looks a bit personal, although this is near impossible to prove. Has this happened to other people in a comparable situstion but without health issues. And of course, quite often what looks like malice is just stupidity. There's a saying about that, I think.

My gut instinct is that if you don't do something now, you are setting yourself up for a host of problems down the line. Of course, if you do there may still be problems but that's a worst case scenario.

Thanks. It’s not personal. All four drama teachers are effected, and there is absolutely an argument for having SEN students sit their exams near the SEN dept.

Plus there’s a rationale that says that disruption to drama is less serious than disruption to core subjects. I mean, clearly thats bollocks, but it’s how education works.

 

[equationgirl]

Can any other rooms near to the SEN department be used? I would suspect that thoughtlessness is at the heart of this decision, rather than anything else, but it feels personal either way.

 

[newbie]

I’m being a primadonna?

I have nothing useful to add except that surely that's a core competence for a High Empress of Dressing Up?

 

[spanglechick]

Can any other rooms near to the SEN department be used? I would suspect that thoughtlessness is at the heart of this decision, rather than anything else, but it feels personal either way.

No. The other rooms on the corridor are too small. But there are big rooms elsewhere in the school. And it’s not like, when we say SEN, we mean kids who aren’t expected to find their way around the school every single day.

 

[spanglechick]

Anyway, my head of faculty is having all the political arguments, I just wanted to know whether they’re supposed to consider my disability when making decisions like this. I’m not sure how “reasonable adjustments” works beyond the vaguest general definition.

 

[equationgirl]

No. The other rooms on the corridor are too small. But there are big rooms elsewhere in the school. And it’s not like, when we say SEN, we mean kids who aren’t expected to find their way around the school every single day.

It does rather sound like the SEN team made some sort of case for the rooms on the basis they were the nearest. You could make a counter case that because of the extra walking/ carrying etc you will experience because of this decision, you are more likely to have a flare up of pain, reduced mobility etc and what could the school do to mitigate these effects on you?

 

[equationgirl]

Reasonable adjustments must not cause undue hardship to the employer (can't recall the exact wording) so if you demanded the school hire a supply teacher for all the classes in new rooms that you don't usually use, that would probably be seen as an undue hardship. But asking the school to help you reduce the possibility of you being out sick would not, especially if you made a few suggestions.

For example, do they need to take all the rooms from the drama department, what if they used a combination of drama rooms and other rooms? Could you offer to inviligate in one of the smaller rooms if it didn't clash with your schedule?

 

[spanglechick]

Should they have considered my mobility before deciding?

 

[Baronage-Phase]

Should they have considered my mobility before deciding?

They need to be regularly informed and reminded.
Perhaps they could look at putting all Drama rooms on one level or one corridor for next term?
You'll need to talk with them or get Occ Health to make recommendations on your behalf.
And you could point out to them that the set up as it is will aggravate your condition which will more than likely lead to absences.
They might be able to come up with some solution and for next year they could look at moving drama rooms closer together if they are all just standard sized rooms that could be used for any other arts or languages subjects.

 

[spanglechick]

They need to be regularly informed and reminded.
Perhaps they could look at putting all Drama rooms on one level or one corridor for next term?
You'll need to talk with them or get Occ Health to make recommendations on your behalf.
And you could point out to them that the set up as it is will aggravate your condition which will more than likely lead to absences.
They might be able to come up with some solution and for next year they could look at moving drama rooms closer together if they are all just standard sized rooms that could be used for any other arts or languages subjects.

Thanks. No, they’re specialist spaces, and one of them is the theatre(!).

 

[Baronage-Phase]

Thanks. No, they’re specialist spaces, and one of them is the theatre(!).

Ok. I see.
How long do the exams run for SEN students?

 

[equationgirl]

Should they have considered my mobility before deciding?

They probably should have considered your mobility issues/restrictions and the disabilities of other teachers, if they have them. They should also have considered any similar issues pupils have, if applicable. The equality act 2010 would apply to both employees and pupils.

 

[equationgirl]

Thanks. No, they’re specialist spaces, and one of them is the theatre(!).

Yeah, we used to have exams in the theatre too - not a great space at my school, despite it being the most modern part of the school it didn't have a lot of natural light and the strip lights in funky patterns always gave me a headache. It's not a great idea, frankly.

 

[abstract1]

Should they have considered my mobility before deciding?

They should do a risk assessment imo, which should then inform any decisions they make.

 

[abstract1]

Disability is a protected characteristic - if you haven’t see it already, this might be helpful:

Employing people: workplace adjustments | Equality and Human Rights Commission

 

[equationgirl]

They should do a risk assessment imo, which should then inform any decisions they make.

That's only part of things though. Health and safety won't necessarily override the protected characteristic aspect, it would probably be a compromise between these and other things like numbers of staff available to do the exam inviligation, coverage of non- exam classes etc

 

[spanglechick]

Disability is a protected characteristic - if you haven’t see it already, this might be helpful:

Employing people: workplace adjustments | Equality and Human Rights Commission

Thanks, that’s handy. Sounds like they should have proactively done an assessment of my needs, so maybe I should ask for that.

 

[spanglechick]

That's only part of things though. Health and safety won't necessarily override the protected characteristic aspect, it would probably be a compromise between these and other things like numbers of staff available to do the exam inviligation, coverage of non- exam classes etc

Invigilators aren’t teachers. They’re recruited specifically.

 

[farmerbarleymow]

They should have considered the needs of disabled staff when planning the changes, and discussed it with you to identify any potential issues. It seems like they've been thoughtless here, so definitely worth speaking to them to see if this can be sorted out.

 

[equationgirl]

Invigilators aren’t teachers. They’re recruited specifically.

Oh, OK, thanks for the info.

 

[abstract1]

Thanks, that’s handy. Sounds like they should have proactively done an assessment of my needs, so maybe I should ask for that.

They absolutely should have as they have a statutory responsibility to you and should be doing one for this situation, and one which considers all your needs in your workplace given your health needs aren’t going to be resolved (they’re not temporary) - simply, something along these lines;

Identifying the hazard, how it is likely impact on you, and the likelihood of it actually happening = assessed risk

So, requiring you to teach over 19 classrooms x resulting in you experiencing pain and possible time off x likelihood = high

They then need to be clear what reasonable adjustments they will make in order to avoid the assessed risk and outcome actually happening where possible, and how long these will be in place i.e. during the exam period.

I also think it would be worth getting Occ Health involved - they can be a mixed bag ime, however, it formalises things and ensures the risk assessment is done properly. It might also be worth speaking to your union.

Good luck!

 

[Miss-Shelf]

I haven't got any advice but thankfully others have [other than ringing ACAS and your union for legal picture]
Just wanted to say hope you get an adjustment that works for you as it sounds hellish to be on the move that much

 

[equationgirl]

spanglechick do you currently have a designated parking space close to the building? If not, might be worth looking at?

 

[Epona]

I just want to say that I have had osteoarthritis since I was about 8 or 9 years old - yeah I can walk around, but employers are utterly shit at doing anything to make my life easier - last job I had (a while back now) they refused to let me switch desks with the person who had the desk right by my filing cabinet, then chastised me for being too slow getting files and putting them back (there was a long walk involved, and no trolley was made available to me) and I ended up with the agency telling me that my services were no longer required.

 

[Epona]

Big open plan offices where your files could be half a mile away from your desk are a very bad thing for those with mobility issues

 

[spanglechick]

spanglechick do you currently have a designated parking space close to the building? If not, might be worth looking at?

I’ve been using one of the school’s disabled bays. I did have a meeting with our school manager, and said a named bay would be better, but he seemed reluctant.

Anyway, I had this meeting and he’s requesting Lambeth’s “access to work” team come in and do an assessment.

He wants a copy of the letter where I was told I would be getting my blue badge, as evidence of disability. He also kept using the term “now you’re registered disabled”. I pointed out that if there is such a registry, then I’m not. And that as I understood it, that was by the by. But he had a bee in his bonnet.

I offered a photocopy of the blue badge itself, since it’s official photo ID with a hologram and a unique number etc, but he wants the bloody letter from Lewisham telling me I could go collect it. Which I don’t think I have.

I also tried to talk about my IH, which is a chronic illness that I currently manage with meds, but may well require adjustments in future, but he dismissed this with a wave of the hand.

Anyway, ups and downs. He’s going to see what can be done with timetabling, and hopefully I’ll be only scheduled for three rooms next year.