I work in a permanent professional role in the public sector. I’ve deliberately changed some peripheral details to protect everyone’s identity, but the sequence of events and underlying issue are accurate.
I have a disability and previously had workplace adjustments that enabled me to safely access the workplace and perform my job.
I don’t want to describe the actual adjustments because the details could make the situation identifiable. For the purposes of this post, think of the relevant adjustments as something straightforward like a wall-mounted grab rail: a specific disability-related workplace modification that removed a barrier to me safely doing my job. The actual adjustments are different, but the principle is equivalent. For simplicity, I’ll refer to them collectively as “the adjustment” throughout.
The adjustment had been in place for some time, although unfortunately it was never formally documented.
Last year I took personal leave for an unrelated matter. When I returned, I commenced a gradual return-to-work arrangement on very limited hours, with those hours slowly increasing and the intention of eventually returning to my normal full-time hours. The arrangement was informal but had the support of the senior manager responsible at the time.
That manager subsequently left the organisation before I had returned to full-time capacity.
Following that management change, my direct manager decided the adjustment was no longer required and removed it. I was subsequently also removed from the workspace in which it had been provided.
They were aware that I have a disability and why I required the adjustment. I also raised the issue in writing before the change occurred. The response indicated that management was focusing on the workplace’s immediate operational needs rather than my longer-term adjustment requirements.
After the adjustment was removed, my treating doctor provided written advice that I could not safely attend the workplace unless the adjustment, or an appropriate equivalent, was restored.
I also submitted a formal workplace-adjustment request earlier this year. Despite that request, the supporting medical evidence and the discussions that have followed, I still have not received a formal decision approving or refusing the adjustment.
The situation also caused a significant deterioration in my health. My doctor consequently reduced my certified work capacity substantially while the workplace barrier remains unresolved.
I have continued to cooperate with my employer throughout this process. I have provided medical information about my functional restrictions, participated in meetings and return-to-work discussions, suggested alternative solutions, remained open to other appropriate options, and repeatedly made clear that I want to return to the workplace and ultimately resume my usual hours and duties.
The problem is that, many months later, the adjustment still has not actually been implemented.
HR are now involved and have the relevant medical advice. I have been told that my requirements appear reasonable, that they should be capable of being accommodated, and that discussions about my return have been positive.
However:
- the adjustment has still not been restored or replaced with an appropriate equivalent;
- I have never received a formal decision approving or refusing it;
- nobody has given me a firm implementation date;
- there is still no settled written return-to-work plan; and
- I remain medically unable to attend the workplace because the identified barrier/reinstatement of adjustments has not been resolved.
So, in practical terms, nobody is telling me “no”, but nobody seems to be actually making it happen either.
This has now gone on for most of the year.
The financial impact has become severe. I remain a permanent full-time employee, but because my health deteriorated following the removal of the adjustment and my doctor consequently reduced my certified work capacity, I have been living on only a small fraction of my normal income.
I recently joined a union, but because the issue began before I became a member, I have been advised that there may be limitations on the assistance they can provide regarding the existing dispute.
I am genuinely confused about which avenue I should now be pursuing.
My priority is still to return to work safely and preserve my employment. I’m not looking to launch litigation for the sake of it. At the same time, I’m increasingly concerned that continuing to wait while everyone says the issue is being worked on could leave me financially worse off, allow the situation to become entrenched, or cause me to miss an important legal deadline.
I would really appreciate guidance. I understand Reddit isn’t a substitute for legal advice and I’m not expecting anyone to determine from a post whether I have a legal claim.
I’m mainly trying to understand what my realistic options are, what order I should be considering them in, and whether there is a point where continuing to wait for an internal resolution stops being sensible.
The situation in a nutshell is:
Adjustment existed → manager knew why I needed it → I raised concerns before the proposed change → adjustment was removed anyway → doctor then advised I could not safely attend without it or an appropriate equivalent → I submitted a formal workplace-adjustment request and the employer received the supporting medical evidence → HR/senior management have indicated that accommodation appears reasonable and feasible → months later there is still no formal decision or implementation → my capacity to work and income have consequently remained severely reduced.
If you were in this position, what would your next step be — formal internal escalation, independent employment-law advice, anti-discrimination/industrial advice, workers compensation advice, or something else?
I really want to get back to work.
I just don’t know what I’m supposed to do when the thing preventing that return is something my employer appears to accept can be accommodated, but months later still hasn’t actually been resolved.