AIBU for requesting reasonable adjustments for a disability at work

How long have you worked there? And has it been as a direct employee for the whole time?

When you requested a reasonable adjustment how was this carried out? If it was informal I’d advise submitting a request again but being crystal clear that it is a - Statutory Flexible Work Request . Stating again the reason for request and being covered by equality. They can decline it but they must provide a fair reason why and the request must be handled within a strict 2 month time line or if may be deemed unlawful.

@Catty21 do you have all that in writing, especially the pressure to quit?

ilk healt retirement is possible but they will only dismiss you on ill health grounds if OH have recommended it, and it doesn’t sound like oh have said that.

you absolutely need employment legal advice and asap because if you wanted to make a constructive dismissal claim you only have a short window of opportunity (3 months less 1 day from the date that the incident took place).

Would they consider you working 5 days but less hours per day?

Because the job you are doing is not the only job in the country. Some jobs can be done over 4 days. It isn't a question of this job or benefits. It's this job or a different job.

I think is excellent advice.
Definitely consider the points raised by @Sixredjumpersoneblackskirt

This. ☝️ You need legal advice. It's perfectly acceptable for them to say no if you didn't have a disability but I'm not actually sure what the legals are when there's a disability. I suppose the question is - is it reasonable? How would it impact the business if you were not there for a fifth of the week? Difficult one to call - I doubt it's a black and white case.

Can you explain what you mean by the business not being impacted by you working 4 rather than 5 days?

But could working a shorter day or doing the hours when it suits you work? You haven't really said other than you are at risk of physical and mental burnout. I have a friend who's job allow her flexibility to start late if she needs to, go rest (go back to bed and sleep) during the day and finish early. Any combination of these might happen and her work place allows her to do this. Maybe this would be what your employer would be able to consider and make adjustments for.

They aren't though. They are saying that they can't accommodate the requested adjustment and that she needs to work full time putting the ball into her court as to whether she wants to continue working full time or not.

OP it is possible they can't accommodate you having a full day off but have you asked whether you can work part time but over the 5 days? Disclaimer- I admit I haven't RTFT of this has been addressed already.

Unfortunately even though it had been suggested as a reasonable adjustment, if the business can argue it is not reasonable then their alternative obligation is to try and work with you to find an alternative solution.

reducing hours is an easy one to argue it is not reasonable, because of the cost of recruiting another person to cover the lost hours etc. The fact that the work has been divided out whilst you have been off does not in itself show that it would be reasonable, it would have been an interim measure until you returned. However if it is a large organisation it will be harder to justify on costs alone. You need to push them for the business decision why this is not possible.

acas will only give general advice and not specific advice for you - that’s not their role (but the role of a union or employment lawyer). If you feel you are being discriminated against (and I’m sad to say that these cases are very difficult to prove) you will need to quit and go for constructive dismissal. An alternative is to seek a settlement agreement on the basis of discrimination, but you will need legal support for that.

sadly the time to join a union has passed as they all have strict rules on pre-existing conditions.

what was your relationship with your employer like before you went off sick? Were you well thought of? Good appraisals? I ask because if you weren’t it’s unlikely the employer will go out of their way. This isn’t right or fair, but it happens.

see if you can get legal advice from you home insurance but you could ask for a protected conversation to look at what they want and gauge whether they would enter into a settlement, if they want you gone.

it’s a terrible situation and not doubt incredibly stressful.

Employing 2 people is usually cheaper on payroll alone, less NI and employers tax & pension!! Especially if the job share could be allocated more junior work and therefore on a lower salary.

I wonder as they’ve been covering the work they just want to edge you out and save your salary full stop?

Surely the concern here is that your work has been shared across the department and this shows you aren't actually needed rather than it can be a part time role. Maybe if you did happen to resign, the other staff just increase their workload like they have been doing while you have been off and your role isn't replaced.
Maybe that is what they are hoping for (saving money).

Why has OH suggested that part time employment is a necessary adjustment?

Is it sitting at a desk that is the issue or other reasons? Could you get round the issue in other ways, such as more flexible hours so you are still doing full time hours but extended over the day so that you have longer breaks - given that you say you are not really responding to emails or doing calls or time critical work during the working day and you are already working from home.

Alternatively, could they supply a standing desk if say sitting is the issue?

What were you planning to do on your one day off? Is there a way you could adjust that instead?

It’s not always about if the actual work can be done successfully as a job share or not; it’s usually about cost as it costs far more for an employer to have two people covering a full time position than just one.

Even though it’s a large corporation, budgets will be broken down by categories and / or departments so if they went to tribunal, all they’d have to show is that a job share is not cost effective under the budget they have for administration within the finance department for example.

Can you start later/finish earlier? Have additional breaks? Sounds like you are working from home so would they allow you to do a shorter day but still 5 days a week, or even to have a longer day to adjust for rest breaks and you catch up on work in an evening?

I think the issue with a job share is that the other person doesn't just make up a full time salary. I might be wrong but I am sure because of pensions and NI contributions it costs more having a job share than if it was just one person. I am not sure whether costs can be a reason for denying you going part time, but I imagine it could be argued that it could add to the costs.

You aren't in a union so they won't be able to help on this occasion, but I recommend you now join one as even if this issue gets resolved, you now know there may be other problems in the future so it's worth paying for that support.

This is often why we need to reject similar requests. No one wants 1 day per week and there is then the onboarding costs, new equipment, 2 amounts of line management etc…

In the context op describes it seems working longer days or ft hours in 4 is likely to be equally, if not more, detrimental to her health than ft week. How have they managed during your absence? Is the workload consistent across the week or time critical?

OP they don’t necessarily want you to go just because they have rejected it. They are thinking about the workload and if it is doable for the work to be done in less time.

My question is what happens to the work on the fifth day? If you are able to do it in four, then you needed more work to do. If you are ‘only’ doing four days of work, then there is a day or work that won’t be done.

it isn’t about you - it’s about a request to the business and rhe case being assessed on a business need. As others have said it’s almost impossible to get someone for one day a week so they need someone working five days.

I can honestly say in my career (working in senior positions in a number of large multi nationals) a reduction in days is almost universally denied.

I know it suck’s, but it isn’t personal even though it feels that way. Perhaps a follow up meeting to do four longer days, or four days in five (if that works for you?).

I'm glad you're covered by your house insurance.