I refused work due to an injury, I was threatened with disciplinary? [UK]
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I have a injury that happened outside of work, it is infact an infected toe. I am on antibiotics. I can walk but it is very painful.
The job I normally do is standing all day so I was told to move to another area, which involves walking constantly for the next 10 hours. I refused this work because it was unreasonable, I was then told I am unfit for work, and I should go home. I told my employer they can send me home but they would still have to pay me. They then threatened me with disciplinary, and then said If I stayed inside the building and still refuse the work they would take me off the clock.
- Failed to make reasonable adjustments for 1 day
- Threatened with disciplinary
- Told I was unfit for work but would not send me home
- I am fit to work just need adjustments for one day
Are they wrong to act like this?
human-resources united-kingdom employment
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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 |Â
show 2 more comments
up vote
1
down vote
favorite
I have a injury that happened outside of work, it is infact an infected toe. I am on antibiotics. I can walk but it is very painful.
The job I normally do is standing all day so I was told to move to another area, which involves walking constantly for the next 10 hours. I refused this work because it was unreasonable, I was then told I am unfit for work, and I should go home. I told my employer they can send me home but they would still have to pay me. They then threatened me with disciplinary, and then said If I stayed inside the building and still refuse the work they would take me off the clock.
- Failed to make reasonable adjustments for 1 day
- Threatened with disciplinary
- Told I was unfit for work but would not send me home
- I am fit to work just need adjustments for one day
Are they wrong to act like this?
human-resources united-kingdom employment
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
3
Are you a member of a union?
– Joe Strazzere
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?
– Dan
1 hour ago
 |Â
show 2 more comments
up vote
1
down vote
favorite
up vote
1
down vote
favorite
I have a injury that happened outside of work, it is infact an infected toe. I am on antibiotics. I can walk but it is very painful.
The job I normally do is standing all day so I was told to move to another area, which involves walking constantly for the next 10 hours. I refused this work because it was unreasonable, I was then told I am unfit for work, and I should go home. I told my employer they can send me home but they would still have to pay me. They then threatened me with disciplinary, and then said If I stayed inside the building and still refuse the work they would take me off the clock.
- Failed to make reasonable adjustments for 1 day
- Threatened with disciplinary
- Told I was unfit for work but would not send me home
- I am fit to work just need adjustments for one day
Are they wrong to act like this?
human-resources united-kingdom employment
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I have a injury that happened outside of work, it is infact an infected toe. I am on antibiotics. I can walk but it is very painful.
The job I normally do is standing all day so I was told to move to another area, which involves walking constantly for the next 10 hours. I refused this work because it was unreasonable, I was then told I am unfit for work, and I should go home. I told my employer they can send me home but they would still have to pay me. They then threatened me with disciplinary, and then said If I stayed inside the building and still refuse the work they would take me off the clock.
- Failed to make reasonable adjustments for 1 day
- Threatened with disciplinary
- Told I was unfit for work but would not send me home
- I am fit to work just need adjustments for one day
Are they wrong to act like this?
human-resources united-kingdom employment
human-resources united-kingdom employment
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 6 mins ago
TolMera
1,7522825
1,7522825
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 2 hours ago
qwerty1234
91
91
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
qwerty1234 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
3
Are you a member of a union?
– Joe Strazzere
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?
– Dan
1 hour ago
 |Â
show 2 more comments
3
Are you a member of a union?
– Joe Strazzere
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?
– Dan
1 hour ago
3
3
Are you a member of a union?
– Joe Strazzere
1 hour ago
Are you a member of a union?
– Joe Strazzere
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?– Dan
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?– Dan
1 hour ago
 |Â
show 2 more comments
2 Answers
2
active
oldest
votes
up vote
6
down vote
Sorry this isn't going to be the answer you wanted..
told I was unfit for work but would not send me home
and
I am fit to work just need adjustments for one day.
You're unfit for work through injury/illness not resulting from work activities so should really be following whatever the sickness policy is for your company. The work they requested of you sounds reasonable (something like an office or retail worker being asked to take a 10 mile hike over mountainous terrain when that is couldn't be foreseen as part of the job would be an example of "unreasonable" - just walking around another area of the facility isn't I'm afraid) and you refused to do it. You haven't "shown willing" and therefore the onus is on you to declare yourself sick and leave.
I'm assuming here that your goal in asking to be sent home is to be eligible for pay (also assuming that your employer doesn't offer sick pay beyond Statutory Sick Pay), unfortunately this doesn't apply in your situation as it is you that refused duties first. If (for example) you had agreed to do the work assigned and they had said to you "this isn't working, you can hardly walk - go home!" then it would have counted as you having shown willing and they would have had to pay you (unless you are on a zero-hour contract).
If you have been sick for 4 consecutive days or more (including non-working days) then you are eligible for SSP and can claim that for up to 28 weeks (although it is not paid for the first 3 days).
If your company does provide company sick pay (a.k.a. an "occupational scheme") then check your contract for any conditions that need to be followed (such as reporting methods, deadlines and quantity limits) and if you can meet those then then go home, put your feet up and recuperate! That's what it's there for.
failed to make reasonable adjustments for 1 day
They are under no obligation to do so, the legal obligations around making "reasonable adjustments" applies in the case of disability, pregnancy (during and after), and long-term health conditions such as arthritis - not because you're sick and injured.
threatened with disciplinary
Are you really surprised by this? You've behaved insubordinately, made unreasonable demands and tried to make your sickness/injury their problem. I'm surprised it's only at the "threat" stage to be honest!
Are they wrong to act like this?
Nope, sorry!
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
add a comment |Â
up vote
0
down vote
If you refer to the ACAS page on Reasonable adjustments in the workplace, you'll find (unfortunately for you) that employers in the UK are only required to make these adjustments for workers with disabilities - and makes no mention of (presumably short-term) sickness or injury.
As such, their determination that you were "unfit for work" seems to have been justified (at least technically), so it appears that they've done nothing illegal.
I'm not entirely clear on the events you describe around being told that you're unfit for work, as first you write
told I am unfit for work, and I should go home
but then
told I was unfit for work but would not send me home
With the limited info you've given it looks to me as though you were expected to "take a sick day", and whether or not that would be paid time off depends on whether or not you have any paid sick days left this year.
Superficially is does seem that they were somewhat unreasonable in asking you to do this other job involving some walking when your normal job is just standing, but you haven't shared much around this so there might be other factors at play here ...
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
add a comment |Â
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
6
down vote
Sorry this isn't going to be the answer you wanted..
told I was unfit for work but would not send me home
and
I am fit to work just need adjustments for one day.
You're unfit for work through injury/illness not resulting from work activities so should really be following whatever the sickness policy is for your company. The work they requested of you sounds reasonable (something like an office or retail worker being asked to take a 10 mile hike over mountainous terrain when that is couldn't be foreseen as part of the job would be an example of "unreasonable" - just walking around another area of the facility isn't I'm afraid) and you refused to do it. You haven't "shown willing" and therefore the onus is on you to declare yourself sick and leave.
I'm assuming here that your goal in asking to be sent home is to be eligible for pay (also assuming that your employer doesn't offer sick pay beyond Statutory Sick Pay), unfortunately this doesn't apply in your situation as it is you that refused duties first. If (for example) you had agreed to do the work assigned and they had said to you "this isn't working, you can hardly walk - go home!" then it would have counted as you having shown willing and they would have had to pay you (unless you are on a zero-hour contract).
If you have been sick for 4 consecutive days or more (including non-working days) then you are eligible for SSP and can claim that for up to 28 weeks (although it is not paid for the first 3 days).
If your company does provide company sick pay (a.k.a. an "occupational scheme") then check your contract for any conditions that need to be followed (such as reporting methods, deadlines and quantity limits) and if you can meet those then then go home, put your feet up and recuperate! That's what it's there for.
failed to make reasonable adjustments for 1 day
They are under no obligation to do so, the legal obligations around making "reasonable adjustments" applies in the case of disability, pregnancy (during and after), and long-term health conditions such as arthritis - not because you're sick and injured.
threatened with disciplinary
Are you really surprised by this? You've behaved insubordinately, made unreasonable demands and tried to make your sickness/injury their problem. I'm surprised it's only at the "threat" stage to be honest!
Are they wrong to act like this?
Nope, sorry!
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
add a comment |Â
up vote
6
down vote
Sorry this isn't going to be the answer you wanted..
told I was unfit for work but would not send me home
and
I am fit to work just need adjustments for one day.
You're unfit for work through injury/illness not resulting from work activities so should really be following whatever the sickness policy is for your company. The work they requested of you sounds reasonable (something like an office or retail worker being asked to take a 10 mile hike over mountainous terrain when that is couldn't be foreseen as part of the job would be an example of "unreasonable" - just walking around another area of the facility isn't I'm afraid) and you refused to do it. You haven't "shown willing" and therefore the onus is on you to declare yourself sick and leave.
I'm assuming here that your goal in asking to be sent home is to be eligible for pay (also assuming that your employer doesn't offer sick pay beyond Statutory Sick Pay), unfortunately this doesn't apply in your situation as it is you that refused duties first. If (for example) you had agreed to do the work assigned and they had said to you "this isn't working, you can hardly walk - go home!" then it would have counted as you having shown willing and they would have had to pay you (unless you are on a zero-hour contract).
If you have been sick for 4 consecutive days or more (including non-working days) then you are eligible for SSP and can claim that for up to 28 weeks (although it is not paid for the first 3 days).
If your company does provide company sick pay (a.k.a. an "occupational scheme") then check your contract for any conditions that need to be followed (such as reporting methods, deadlines and quantity limits) and if you can meet those then then go home, put your feet up and recuperate! That's what it's there for.
failed to make reasonable adjustments for 1 day
They are under no obligation to do so, the legal obligations around making "reasonable adjustments" applies in the case of disability, pregnancy (during and after), and long-term health conditions such as arthritis - not because you're sick and injured.
threatened with disciplinary
Are you really surprised by this? You've behaved insubordinately, made unreasonable demands and tried to make your sickness/injury their problem. I'm surprised it's only at the "threat" stage to be honest!
Are they wrong to act like this?
Nope, sorry!
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
add a comment |Â
up vote
6
down vote
up vote
6
down vote
Sorry this isn't going to be the answer you wanted..
told I was unfit for work but would not send me home
and
I am fit to work just need adjustments for one day.
You're unfit for work through injury/illness not resulting from work activities so should really be following whatever the sickness policy is for your company. The work they requested of you sounds reasonable (something like an office or retail worker being asked to take a 10 mile hike over mountainous terrain when that is couldn't be foreseen as part of the job would be an example of "unreasonable" - just walking around another area of the facility isn't I'm afraid) and you refused to do it. You haven't "shown willing" and therefore the onus is on you to declare yourself sick and leave.
I'm assuming here that your goal in asking to be sent home is to be eligible for pay (also assuming that your employer doesn't offer sick pay beyond Statutory Sick Pay), unfortunately this doesn't apply in your situation as it is you that refused duties first. If (for example) you had agreed to do the work assigned and they had said to you "this isn't working, you can hardly walk - go home!" then it would have counted as you having shown willing and they would have had to pay you (unless you are on a zero-hour contract).
If you have been sick for 4 consecutive days or more (including non-working days) then you are eligible for SSP and can claim that for up to 28 weeks (although it is not paid for the first 3 days).
If your company does provide company sick pay (a.k.a. an "occupational scheme") then check your contract for any conditions that need to be followed (such as reporting methods, deadlines and quantity limits) and if you can meet those then then go home, put your feet up and recuperate! That's what it's there for.
failed to make reasonable adjustments for 1 day
They are under no obligation to do so, the legal obligations around making "reasonable adjustments" applies in the case of disability, pregnancy (during and after), and long-term health conditions such as arthritis - not because you're sick and injured.
threatened with disciplinary
Are you really surprised by this? You've behaved insubordinately, made unreasonable demands and tried to make your sickness/injury their problem. I'm surprised it's only at the "threat" stage to be honest!
Are they wrong to act like this?
Nope, sorry!
Sorry this isn't going to be the answer you wanted..
told I was unfit for work but would not send me home
and
I am fit to work just need adjustments for one day.
You're unfit for work through injury/illness not resulting from work activities so should really be following whatever the sickness policy is for your company. The work they requested of you sounds reasonable (something like an office or retail worker being asked to take a 10 mile hike over mountainous terrain when that is couldn't be foreseen as part of the job would be an example of "unreasonable" - just walking around another area of the facility isn't I'm afraid) and you refused to do it. You haven't "shown willing" and therefore the onus is on you to declare yourself sick and leave.
I'm assuming here that your goal in asking to be sent home is to be eligible for pay (also assuming that your employer doesn't offer sick pay beyond Statutory Sick Pay), unfortunately this doesn't apply in your situation as it is you that refused duties first. If (for example) you had agreed to do the work assigned and they had said to you "this isn't working, you can hardly walk - go home!" then it would have counted as you having shown willing and they would have had to pay you (unless you are on a zero-hour contract).
If you have been sick for 4 consecutive days or more (including non-working days) then you are eligible for SSP and can claim that for up to 28 weeks (although it is not paid for the first 3 days).
If your company does provide company sick pay (a.k.a. an "occupational scheme") then check your contract for any conditions that need to be followed (such as reporting methods, deadlines and quantity limits) and if you can meet those then then go home, put your feet up and recuperate! That's what it's there for.
failed to make reasonable adjustments for 1 day
They are under no obligation to do so, the legal obligations around making "reasonable adjustments" applies in the case of disability, pregnancy (during and after), and long-term health conditions such as arthritis - not because you're sick and injured.
threatened with disciplinary
Are you really surprised by this? You've behaved insubordinately, made unreasonable demands and tried to make your sickness/injury their problem. I'm surprised it's only at the "threat" stage to be honest!
Are they wrong to act like this?
Nope, sorry!
edited 24 mins ago
answered 1 hour ago


motosubatsu
34.6k1588141
34.6k1588141
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
add a comment |Â
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
It sounds like they threatened not to pay op if they went home sick. I suspect they would need to by law so your answer is incomplete at best. Or just wrong.
– Nobody
57 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
@Nobody I've added more info to address the question of pay.
– motosubatsu
52 mins ago
add a comment |Â
up vote
0
down vote
If you refer to the ACAS page on Reasonable adjustments in the workplace, you'll find (unfortunately for you) that employers in the UK are only required to make these adjustments for workers with disabilities - and makes no mention of (presumably short-term) sickness or injury.
As such, their determination that you were "unfit for work" seems to have been justified (at least technically), so it appears that they've done nothing illegal.
I'm not entirely clear on the events you describe around being told that you're unfit for work, as first you write
told I am unfit for work, and I should go home
but then
told I was unfit for work but would not send me home
With the limited info you've given it looks to me as though you were expected to "take a sick day", and whether or not that would be paid time off depends on whether or not you have any paid sick days left this year.
Superficially is does seem that they were somewhat unreasonable in asking you to do this other job involving some walking when your normal job is just standing, but you haven't shared much around this so there might be other factors at play here ...
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
add a comment |Â
up vote
0
down vote
If you refer to the ACAS page on Reasonable adjustments in the workplace, you'll find (unfortunately for you) that employers in the UK are only required to make these adjustments for workers with disabilities - and makes no mention of (presumably short-term) sickness or injury.
As such, their determination that you were "unfit for work" seems to have been justified (at least technically), so it appears that they've done nothing illegal.
I'm not entirely clear on the events you describe around being told that you're unfit for work, as first you write
told I am unfit for work, and I should go home
but then
told I was unfit for work but would not send me home
With the limited info you've given it looks to me as though you were expected to "take a sick day", and whether or not that would be paid time off depends on whether or not you have any paid sick days left this year.
Superficially is does seem that they were somewhat unreasonable in asking you to do this other job involving some walking when your normal job is just standing, but you haven't shared much around this so there might be other factors at play here ...
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
add a comment |Â
up vote
0
down vote
up vote
0
down vote
If you refer to the ACAS page on Reasonable adjustments in the workplace, you'll find (unfortunately for you) that employers in the UK are only required to make these adjustments for workers with disabilities - and makes no mention of (presumably short-term) sickness or injury.
As such, their determination that you were "unfit for work" seems to have been justified (at least technically), so it appears that they've done nothing illegal.
I'm not entirely clear on the events you describe around being told that you're unfit for work, as first you write
told I am unfit for work, and I should go home
but then
told I was unfit for work but would not send me home
With the limited info you've given it looks to me as though you were expected to "take a sick day", and whether or not that would be paid time off depends on whether or not you have any paid sick days left this year.
Superficially is does seem that they were somewhat unreasonable in asking you to do this other job involving some walking when your normal job is just standing, but you haven't shared much around this so there might be other factors at play here ...
If you refer to the ACAS page on Reasonable adjustments in the workplace, you'll find (unfortunately for you) that employers in the UK are only required to make these adjustments for workers with disabilities - and makes no mention of (presumably short-term) sickness or injury.
As such, their determination that you were "unfit for work" seems to have been justified (at least technically), so it appears that they've done nothing illegal.
I'm not entirely clear on the events you describe around being told that you're unfit for work, as first you write
told I am unfit for work, and I should go home
but then
told I was unfit for work but would not send me home
With the limited info you've given it looks to me as though you were expected to "take a sick day", and whether or not that would be paid time off depends on whether or not you have any paid sick days left this year.
Superficially is does seem that they were somewhat unreasonable in asking you to do this other job involving some walking when your normal job is just standing, but you haven't shared much around this so there might be other factors at play here ...
answered 56 mins ago


brhans
1,9301119
1,9301119
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
add a comment |Â
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
you're correct - reasonable adjustments are applicable only to those considered "disabled" for work purposes. This can include physical and mental health conditions and it doesn't need to be permanent but it does need to be long term and leave the individual at a significant disadvantage for either obtaining to retaining employment
– motosubatsu
13 mins ago
add a comment |Â
qwerty1234 is a new contributor. Be nice, and check out our Code of Conduct.
qwerty1234 is a new contributor. Be nice, and check out our Code of Conduct.
qwerty1234 is a new contributor. Be nice, and check out our Code of Conduct.
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3
Are you a member of a union?
– Joe Strazzere
1 hour ago
I used to be, but the one I was with was not very helpful. I cancelled it. I would sign up again to another.
– qwerty1234
1 hour ago
If they are still available, you might want to run this question by your local union rep.
– Joe Strazzere
1 hour ago
Did you inform your supervisor of your injury and reduced mobility at the start of the shift?
– AdzzzUK
1 hour ago
failed to make reasonable adjustments for 1 day
What makes you think they have to?– Dan
1 hour ago