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Author Topic: Reasonable Adjustments!  (Read 5289 times)

Firefly

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Reasonable Adjustments!
« on: 08-11-19, 10:01PM »
Hi I'm new on here so apologies if this topic has already been covered. I have a long term medical condition that in recent years while working at tesco has deteriorate and as such am now disabled.  I have reasonable adjustments in place following an OH report and an Adjustment Passport.  It was a battle to get my adjustments put in place and all along I have felt that my manager agreed to them because he had no choice. He says that he has referred me to some one higher than the people manager but refuses to tell me who
 I've spoke to an instore rep who said that the only time that you are referred to someone other than OH is in extreme circumstance such as a high absence level. Which doesn't apply to me! My manager has regular unscheduled let's talk where he finds any excuse to find fault not once in these let's talks has he asked me how I'm finding things. My manager also informed me that Reasonable Adjustments are only ever temp but an Adjustment Passport is perm...I believe policy is the Passports should be updated reviewed ever 6 months but mine has never been reviewed so surly he is in breach of the policy? Also he had said that me doing a gap list and filling gaps isn't working as there are still gaps because I can't fill bottom shelves.
He already knows I can't work bottom shelves so gaps would occur on the bottom shelves anyway!!!! What answer can I give to this. Also do tesco have a policy on how managers rate the productivity of a disabled collegue as he continues to compared my productivity to that of my non disabled collegues!

madness

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Re: Reasonable Adjustments!
« Reply #1 on: 08-11-19, 10:10PM »
You can't do the job. You can't run stock control and or have an adjustment of bottom shelf gap are ok because of medical reasons.
I'd say you need to move to checkouts I'm assuming that bending down is the issue.

Firefly

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Re: Reasonable Adjustments!
« Reply #2 on: 08-11-19, 10:27PM »
Hi Smart Arse, I'm not actually stock control I'm a ca! The issue with the bottom shelf is the bending and was allowed as an Adjustment that I would work bottom shelves. I would love to move to check outs bit I have an issue with not just sitting but standing for long periods of time. So in all honesty I can only tolerate been on check outs for 45 minutes without it severely effecting my walking ability. The ironic thing is I have tworked let's talks that specify I only work middle shelves and this is also stated in writing elsewhere!

NightAndDay

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Re: Reasonable Adjustments!
« Reply #3 on: 08-11-19, 11:00PM »
Smart arse is his rank, his username is Madness.

Also firefly, if your adjustment passport gives information on your disability along with what you can and can't do physically and if there exists documentation in your personnel file stating your disability and your exempted tasks (i.e bending down to the bottom shelf). They can't make you do anything in your exempted duties list, they also can't treat you unfavourably, lets talks or an SYP plan for something that makes you either do the task you're medically exempt from doing or compares your performance against non-disabled personnel is considered unfavourable treatment and from what you have described, it sounds like your manager, who acts on behalf of Tesco is violating the 2010 equalities act, specifically disability discrimination. Any lets talks that are because of your disability would count as evidence towards such in a tribunal. A grievance is the best starting point going forward to the effect that you feel unfairly treated due to your disability.
« Last Edit: 08-11-19, 11:10PM by NightAndDay »

Long gone

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Re: Reasonable Adjustments!
« Reply #4 on: 09-11-19, 12:53AM »
Calling the guy smart arse LMFAO

lucgeo

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Re: Reasonable Adjustments!
« Reply #5 on: 09-11-19, 08:17AM »
If there are still gaps on bottom shelf, that is a filling issue, you should only be highlighting what stock you have found that hasn't been out out, so if you're putting out other stock on higher shelves, then you are doing more than you should be doing, the bottom shelf stock you find, should be put to one side for the fillers to put out. Date when found and leave on a back stock cage for that days fill.

If the manager wants to refer you to higher echelons let him, as I'm unaware of who can override an OH assessment, and your sickness absence can be increased to 8% for certain conditions. Has this been looked at, with your medical needs?

Next time he arranges a lets talk, ask for a witness to be present, preferably a rep, and give the reason that you feel he is singling you out for unfair criticism and discrimination due to your disability, which is in breach of the 2010 Equalities act.
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lucgeo

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Re: Reasonable Adjustments!
« Reply #6 on: 09-11-19, 08:29AM »
 8-) forgot to add on the last paragraph, always start with..."I've spoken to the area union office and been advised..." That always put them on the backfoot, especially when they know they could be grievanced for harrassment and bullying  :thumbup:
« Last Edit: 09-11-19, 08:31AM by lucgeo »
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madness

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Re: Reasonable Adjustments!
« Reply #7 on: 09-11-19, 12:10PM »
Op has mentioned they are a ca so i'm guessing replenishment and they are getting hauled up on the gaps from not filling the bottom shelfs.
Quite franking an adjustment passport agreeing to "only filling middle shelfs" is ludicrous.
I commend you for wanting to work with such a life effecting disability but equally your job exists to fulfil a role for tesco. Tesco doesn't exist to supply you with a customised job.

Your meetings should have been to establish what you can and can't do and match that up to a role within the store.

You mentioned you can't sit for a long time without without it causing issues for you walking about.
Also you can't get to the bottom shelfs so filling is out as a role

So if i were your manager then a role on self service or customer service desk would be the only roles suitable for you.
If either of those is unsuitable then in my opinion you are unable to work for the company.


lucgeo

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Re: Reasonable Adjustments!
« Reply #8 on: 09-11-19, 12:25PM »
No, re-read the OP. Their medical condition has deteriorated whilst working for tesco, so they have been put on gapscan. Now gapscan is just that, scan a gap, then check the bookstocks and if deemed instore, you try to find them and scan them to instore them back on the bookstocks.

Some stores have their stock controllers fill the gaps, some don't, as the general belief is that it is a filling issue, and to expect the stock controllers to fill the gaps is not incorporated in their allotted hours.

So it's far from ludicrous, to have someone on gapscan who are unable to fill a bottom shelf as they are gaps canning not filling.
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Walker

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Re: Reasonable Adjustments!
« Reply #9 on: 09-11-19, 03:03PM »
Generally, stock controllers shouldn't really be filling in an ideal world. As long as you can bend over enough to do counts / scan the bottom it's a reasonable role for someone with back problems to have.

Stock that you can't fill yourself could be put on a cage for replenishment staff to put out.
« Last Edit: 09-11-19, 03:06PM by Walker »

Long gone

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Re: Reasonable Adjustments!
« Reply #10 on: 09-11-19, 05:06PM »

NightAndDay

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Re: Reasonable Adjustments!
« Reply #11 on: 09-11-19, 10:16PM »
It doesn't matter if it takes a minute, if it's not in the stock controllers job description to fill, then it's not their job, it's not their fault that they don't come under the RACI for it.

Siwel123

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Re: Reasonable Adjustments!
« Reply #12 on: 09-11-19, 11:06PM »
Because filling would take up our already limited time to complete store routines that affect the stores performance. You say it's a few minutes a product, i had 25 instores on grocery last time i did a gap scan, so what 1 minute per product, would mean it would take 25 minutes minimum to put the product out, plus time to put security tags on the alochol if they need that.

In that time i could have completed the majority of my grocery counts or a decent point of fresh gaps etc

Long gone

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Re: Reasonable Adjustments!
« Reply #13 on: 10-11-19, 12:43AM »

Siwel123

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Re: Reasonable Adjustments!
« Reply #14 on: 10-11-19, 07:58AM »
That's your stock control department but i certainly don't do that and neither does anyone else on our stock control team, we're busy for our full shift and they clearly aren't doing there jobs right if they have time to stand around and natter for hours.

You shouldn't be doing gaps anyway? If you are going round and scanning areas that haven't been gapped either your stock team is rubbish or you're doing something you shouldn't as they onlyscan areas that have been worked.

With out of stock stickers again they should be taken out by stock as they go around but it's not a massive job to take it out yourself as you fill along is it?

You say filling isn't a massive job, but i just showed you that it could easily take 25 minutes after finding all the products to put them out, could you afford to lose 25 minutes minimum per day on doing a job not in your description? I gap both grocery and fresh, so that could be me losing 50 minutes a day, doing something not in my job description, which wasn't you just whinging about having to do stuff that you're not meant to do?

lucgeo

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Re: Reasonable Adjustments!
« Reply #15 on: 10-11-19, 08:46AM »
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Redshoes

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Re: Reasonable Adjustments!
« Reply #16 on: 10-11-19, 10:19AM »
Op has mentioned they are a ca so i'm guessing replenishment and they are getting hauled up on the gaps from not filling the bottom shelfs.
Quite franking an adjustment passport agreeing to "only filling middle shelfs" is ludicrous.
I commend you for wanting to work with such a life effecting disability but equally your job exists to fulfil a role for tesco. Tesco doesn't exist to supply you with a customised job.

Your meetings should have been to establish what you can and can't do and match that up to a role within the store.

You mentioned you can't sit for a long time without without it causing issues for you walking about.
Also you can't get to the bottom shelfs so filling is out as a role

So if i were your manager then a role on self service or customer service desk would be the only roles suitable for you.
If either of those is unsuitable then in my opinion you are unable to work for the company.

Is this a short term problem or ongoing, sounds like it's ongoing. As such there must be some reality in this. The company has to try and help, try and find a suitable role but if they don't have to create a job. They don't have to pay someone to turn up who is unable to do the job. They also can't ask someone to move from another role as it might be more suitable for you, if there happens to be a vacancy then a suitable move might benefit all. You need to be supported but it might be that the support is to go to group pm and back to occupational health as a suitable role is not available. The result of this can be unexpected, a solution could be found. I have seen this happen. On the other side of things the proces to take ill health early retirement can kick in. To my mind, you can either do the job or you can't. Someone who can only serve on a till facing one way can do the job for example. Someone on CSD/kiosk  who can't reach or bed can't sell cigarettes from top or bottom shelves can't do the job. It's the same as not being able to work in the bakery if you have asthma. You need to be able to do full job, not just cherry pick. I understand being supported but if the right job match can't be found, either because it does not exist or is not available the reality is that there is not a job for you.
If it's until you recover and get better, that is different. That is support until you can continue in your role that is needed. If you have had an accident at work that is something that is dealt with by outside of stores. If you are no longer fit to do your job due to an accident in work this should be taken into consideration.

Rad

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Re: Reasonable Adjustments!
« Reply #17 on: 10-11-19, 08:31PM »
Hi I'm new on here so apologies if this topic has already been covered. I have a long term medical condition that in recent years while working at tesco has deteriorate and as such am now disabled.  I have reasonable adjustments in place following an OH report and an Adjustment Passport.  It was a battle to get my adjustments put in place and all along I have felt that my manager agreed to them because he had no choice. He says that he has referred me to some one higher than the people manager but refuses to tell me who
 I've spoke to an instore rep who said that the only time that you are referred to someone other than OH is in extreme circumstance such as a high absence level. Which doesn't apply to me! My manager has regular unscheduled let's talk where he finds any excuse to find fault not once in these let's talks has he asked me how I'm finding things. My manager also informed me that Reasonable Adjustments are only ever temp but an Adjustment Passport is perm...I believe policy is the Passports should be updated reviewed ever 6 months but mine has never been reviewed so surly he is in breach of the policy? Also he had said that me doing a gap list and filling gaps isn't working as there are still gaps because I can't fill bottom shelves.
He already knows I can't work bottom shelves so gaps would occur on the bottom shelves anyway!!!! What answer can I give to this. Also do tesco have a policy on how managers rate the productivity of a disabled collegue as he continues to compared my productivity to that of my non disabled collegues!

The high absence thing is incorrect.  OH can be contacted if your health has an impact on your ability to do your job or your behaviour and probably many other reasons.
 

optout

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Re: Reasonable Adjustments!
« Reply #18 on: 11-11-19, 10:57PM »
It seems to me that at one point the store glitterati have decided that what the OP is doing is 'reasonable' and that the stores 'reasonable adjustments' are thought of at the time to be reasonable to all involved.


What has changed to suddenly make these changes 'unreasonable' to tesco????
Can the apparent fact that a manager has 'changed their mind' (All other original things remaining equal) at a later date, be a fair reason to revisit this situation, or could it be argued that this is harassment by the manager and tesco, compounded by the fact that the person being harassed is disabled??? AND leading to eventual constructive dismissal.

The company may/or-may-not have to create a new job role, HOWEVER, in this case could it not be argued that they HAVE CHOSEN TO and that when the decision was made to create this role it was seen as a reasonable adjustment to make by all concerned. SO, what excuse can be given to suddenly decide that it has BECOME unreasonable IF all else has remained the same????

Just thinking aloud. I don't expect a response to such a long-winded question. But, if there are any constructive thoughts on this stance, if would be interested to hear them. :thumbup:
I AM NOT A REP, BUT......

NightAndDay

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Re: Reasonable Adjustments!
« Reply #19 on: 11-11-19, 11:22PM »
From a loss of earnings perspective, if the OP is a full time SC, if Tesco has a role which would suit him but  would mean a drop in his pay, would that be considered a "reasonable adjustment" if a worker was forced to lose hours, in some scenarios that could trigger a redundancy situation.

As long as he is able to fulfil his role with the exception of bottom shelves, Tesco is obliged to accomodate that, to not do so walks on the thin line of breaching the 2010 equalities act.

optout

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Re: Reasonable Adjustments!
« Reply #20 on: 12-11-19, 02:08AM »
So the 'reasonable adjustment' is in effect an 'adjustment to the role'. And is seen at the time as reasonable to all concerned??
I AM NOT A REP, BUT......

NightAndDay

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Re: Reasonable Adjustments!
« Reply #21 on: 12-11-19, 08:28AM »
A reasonable adjustment would be any measure taken by the employer that accomodates the employees disability without impacting earnings or hours of availability.

Redshoes

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Re: Reasonable Adjustments!
« Reply #22 on: 12-11-19, 08:41AM »
From a loss of earnings perspective, if the OP is a full time SC, if Tesco has a role which would suit him but  would mean a drop in his pay, would that be considered a "reasonable adjustment" if a worker was forced to lose hours, in some scenarios that could trigger a redundancy situation.

As long as he is able to fulfil his role with the exception of bottom shelves, Tesco is obliged to accomodate that, to not do so walks on the thin line of breaching the 2010 equalities act.

I don't agree. The result of this is that someone else has to pick up that other part of the role, as in bottom shelf, so it's two people sharing a role. If the store is able to support this its all good but if not it becomes a problem. An adjustment passport is the right way to go but the ongoing issue of the other part of the role could have been agreed for short term, until something else came up, until health improved etc. If it was agreed for longer term, ongoing, then the store have to live with decision made. If ongoing and health is getting worse, can you then ask not to do bottom two shelves. Then bottom three, how far can this go. I sympathise and I think it's right that the company does try and support but I don't think they should be forced to pay someone to do a job they are unable to do. If they do for one they need to do for others, up and down the country in hundreds of stores.

Welshie

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Re: Reasonable Adjustments!
« Reply #23 on: 12-11-19, 09:46AM »
A lot of this would surely depend on the condition,  I know the OP said they are now disabled but are they now registered disabled ? Or just feel disabled ?
Many health conditions are covered under the equalities act but not all ,it can be quite surprising. 
I hope the OP gets the help they need .

darklighter

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Re: Reasonable Adjustments!
« Reply #24 on: 12-11-19, 09:47AM »
 

 

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