(uk) Refused Reasonable Adjustments

[Frogs88]

So, I have been suffering with PTSD for the last seven years but it was only diagnosed 3 months ago. Now I work in a shop at a ferry port and unfortunately after some misplaced words from a supervisor (Lets call him J.K) my flashbacks started triggering whenever he was near. I went of sick and got diagnosed with PTSD and started EMDR then returned to work with the reasonable adjustment that I would not work with J.K. I have had no problems at work since.

Yesterday I got called in for a meeting which I attended with my advocate. Basically, there is now going to be a shop on the ship. And my manager is going to be put on the ship along with all the staff members I like working with a trust. J.K. is going to be my new manager and I have to work with him. Now. Or get fired.

I said that I would be willing to work with J.K. again but they had to understand I'm only half way through my treatment. I am really susceptible to flashbacks at the moment and I need more support and either a safe place or safe person to go to if needed.

My advocate asked why I hadn't been put on the boat and I got told it was too late, they'd hired new staff. She asked that I be given the reasonable adjustments of having a safe place or safe person and I got told no because there are only two people in the shop so I can't go anywhere and leave one person behind. So I'm not getting any support from them.

My advocate didn't seem to have the balls to really get them to follow the disability rules.

I've called various places for advice and i've been told to put in a complaint with them for not putting in place any reasonable adjustments.

I was just wondering if anybody has ever had any reasonable adjustments removed or refused?

 

[Suzetig]

The test of reasonableness in terms of adjustment can be a bit of a moveable feast, for example your employer could argue that it's not reasonable to offer you adjustment that impacts on the safety of others if you have to leave so one working alone in the shop. They could also say that your refusal to comply with a reasonable request (to work with a colleague) constitutes a conduct issue on your part. I'm assuming that you've not raised a formal grievance about the person's comments to you or followed a process to have their behaviour investigated?

I do feel your pain, I'm about to go back into an incredibly challenging line management relationship which is massivley triggering for me and have asked for supports including a mentor and clear written agreements about conduct etc. it might be worth you thinking about the minimum you need to cope - do you need a safe place/person all the time or just when JK is around? You could try raising a grievance to challenge their decision but its tough going and may not end in your favour. It's not easy when your idea of "reasonable" doesn't match theirs.

 

[KP the nut]

Can your therapist help or point your way to an advocate service who could mediate.

Wishing you well and ((hugs)) if you accept them.

 

[Frogs88]

I have an advocate, HR is a bully and somehow even though she is there to try and stop me going into 'i'm anxious i'm going to agree with everything you say just so you will leave me alone' mode and I told her what I wanted from the meeting, some kind of safety net or reasonable adjustment in place I still somehow managed to leave being beaten into a situation where I have no reasonable adjustments in place and I am putting myself into a seriously difficult situation with no coping stratergy in place.

 

[moonbeam]

Get a new advocate. I would speak with Mind the mental health charity for advice.

As stated by others reasonable adjustments are dependent on viewpoint. It is easy to say its not reasonable to leave another employee alone so on that grounds its somewhat understandable.

The issue I would see here is that if your work has multiple locations there should be no reason why they can't switch you with another employee at a different site. Sure they hired new employees but they could ask them if anyone is willing to switch sites. That wouldn't be unreasonable.

Get a new advocate and appeal. Check your employee handbook for any helpful tips as well as job description and make sure you appeal within the time frame. Some places have a time frame.

Also were JK's misplaced words something a manager shouldn't say to any employee like a sexual advance or something like that? Or was it just that JK said something unthinking and it had an unforseen consequence?

I am concerned that you say you have no coping strategies in place. Obviously being away from JK would be best but have you spoke to anyone about strategies to cope if you do have to work near JK? Has JK been spoken to and asked to modify language and behaviour to help you better?

Also how long have you worked there? If you are passed probation I don't know that they can just fire you outright, I think there is a process first. Seriously speak with Mind and ask them, they are really great help.

 

[Suzetig]

Also how long have you worked there? If you are passed probation I don't know that they can just fire you outright, I think there is a process first. Seriously speak with Mind and ask them, they are really great help.

This is a good point, if you've less than 2 years service you have limited employee rights and they can fire you for no cause however, if you've been diagnoses with PTSD and the diagnosis is more than 1 year old you fall for consideration under the DDA which means they need to be careful about ending your employment for causes relating to your illness.

 

[Frogs88]

Thanks moonbeam and suzetig.

- My advocate is from mind. But she's a bit weak.
- I have worked there for seven months, they are looking to fire me on capability grounds but arguably as they have commented that when J.K. is not around I am perfectly capable at my job I can claim that the dismissal was an act of discrimination arising from disability as yes, I am covered by DDA.

-J.K was making sexual and sexist comments but they were not aimed at me, they were just thoughtless. Yes, he has been told to be more aware of his language.

- My main concern is that I have said that I am willing to work with J.K. but only if I have some kind of support in place or some kind of process where I can go to self calm if need be but work is not allowing me that. I have also pointed out that it would be best to wait till I am no longer in the middle of EMDR, which ends in five weeks but they have refused that as well saying that they've given me three months and that should be enough.

 

[Frogs88]

None of the coping strategies my T tried to teach me really worked, and some of them actually sent me straight into a panic attack. I can't do breathing exercises because I was strangled and any attention to my breathing brings on a flashback, I can't do body focusing because it brings on somatic flashbacks, I can't do safe place because I had an anxiety attack whilst doing it (no idea why but I got told not to do it anymore) and I can't do supportive people because I can't think of anybody I don't really trust anybody enough for the idea of another person around me to be calming.

 

[KP the nut]

None of the coping strategies my T tried to teach me really worked

I find sniffing essential lemon oil helps to keep me focused. If you don't like lemon choose a crisp smell that you do like and keep some on a hanky. Smell as often as you need to.

Look at this post, there are some great ideas.
https://www.myptsd.com/threads/grounding-101.12459/#post-167834

 

[Suzetig]

I have concern that your therapist is doing EMDR without you being able to use coping strategies - one of the key stages in EMDR is being able to stabilise yourself before the actual treatment starts. It could be that the treatment is actually adding to your problems at work rather than helping. Does your therapist know you don't have any working coping strategies?

 

[Deleted member 1860]

I'm a bit worried that your therapist doesn't know what he/she is doing in regards to EMDR. So many people think "great, EMDR, lets DO IT!" but its not so simple. The actual EMDR is only a PART of the process. A vital precursor to processing with EMDR is learning how to stabilize yourself, ground yourself, soothe yourself, etc. One could even argue that processing is a lot less effective if you haven't learned such skills. That is, processing reduces the sting of trauma a bit, but we still need coping skills regardless. I'm afraid that you'll finish EMDR and not be as satisfied with your results because you haven't learned how to cope.

I'm also worried that you're throwing coping skills away too soon. Sometimes it can take months (or even much longer) in order to master a skill. It took me NINE months of practicing mediation before it had any effect on me whatsoever. I'm glad I stuck with it because now I can calm myself within seconds if needed. Then again, not every skill works for everybody, but I still think that you need to keep working on coping skills.

 

[Frogs88]

Me and my T worked on coping skills for six weeks but obviously being in the u.k. and receiving EMDR on the NHS we were time limited. Also knowing that the company has given me their own time limit as to when and how I should be cured I did tell my T I was ready to move on. The coping stratergies would seem to work and yet fall apart the first minute any real stress came along.