This one is hard to prove. Unless itâs actually written somewhere - or theirâs clear history that the longest-servers always get first refusal for the full time posts, itâs not certain your MS was the reason, as nobodyâs automatically entitled to any job.
Realistically, I agree it looks likely it was the MS, but they might just claim you were unlucky, and that the other candidates were better for some reason, even though they were newer (did they have more experience elsewhere, for example?)
If it were me, I think Iâd try to keep the two issues separate, otherwise you risk confusing things. Tackle one at a time - first the immediate one of the âreasonable adjustmentsâ for disabled people employers are required to make under the Equality Act 2010 (this supersedes the Disability Discrimination Act, which covered a lot of the same ground). Importantly, the Act expressly identifies people with MS as covered by the disability legislation from the moment of diagnosis - i.e. there is no test for how disabled they (that is, we!) have to be before they are covered - itâs automatic from the start.
So your employer couldnât argue you are exempt, because youâre ânot really very disabledâ, for example. It makes no difference whether your disability is obvious in everyday life or not - the fact of being diagnosed is enough.
So you need to get to the bottom of WHY being permitted to sit - or even lean, as you were - would not be a âreasonable adjustmentâ you are entitled to. I canât think of any good reason. It wouldnât cost much, even if they were to buy you a chair, and if there are no safety issues, such as those I suggested earlier, like blocking a fire exit or something, I really canât see what grounds theyâd have for refusing. âIt gives a wrong impressionâ certainly wouldnât be a good enough reason. If you canât stand for as long as fit and well colleagues, then itâs not showing preferential treatment or setting a bad example for you to be allowed to sit. Their only other objection would be if it was provable you wouldnât be able to do the job adequately in a sitting position, or that it was dangerous in some way. I canât think of any reason either of those would be true, but then Iâve never worked in a laundry, so I donât know exactly whatâs involved (from what youâve said, it sounds like youâre ironing) and whether there are any risks or limitations of doing it sitting down.
I do think itâs a good idea to get your occupational therapist involved, so personally, I would not give final agreement to anything on Monday - even if it sounds good - like saying you can have a chair. If (as I hope you will) you get to the point they offer that, say how pleased you are, but that you would like to involve your occupational therapist to make sure the type of chair is suitable, and see if thereâs anything else she recommends. IF they would actually be buying the chair, you can dress this up as helping them, by saying youâd hate them to spend money on the wrong thing, so youâd like to run it past her to avoid a mistake.
So unfortunately thereâs probably going to be a bit of hedging for time going on on Monday, because you want to consult the experts before agreeing to anything - so donât get pressed into a snap decision.
I think the full time working is a separate issue, and once (hopefully) youâve got the reasonable adjustments sorted out, you can argue that now there are arrangements in place to overcome any difficulties, you are even keener to be considered for a full time role. Thereâs no way they should be saying you canât because youâre ill, but I think thatâs a fight for another day, and one thing at once. Get it OKed you can sit down first.
Tina
xx