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Original poster

Refused Part time working request

36 replies

Tavaress · 08/05/2022 18:02

Hello all

I have worked in an office for ten years which belongs to a large factory, when I started there was five of us including our manager but now there are two of us and a lady who comes in for three hours a day but mostly spends her time walking around the factory from one department to another stock taking and she clocks up quite a few miles and steps over the week.

I also do stock taking around the site and need a knee replacement and I have asked if it was possible to share my workload with someone new and could they advertise for someone to do afternoons which would entail that person doing the stocktaking and walking around and I would do the office work in the mornings because of my sore and aching knee.

I have said I will put off my operation and stay in work if I can be office based and get my op done in a few years when I retire. I work eight hours and by the time I walk home which takes only ten minutes I am in quite bad pain with my knee and like everyone I would miss the money but four hours and less walking would be better for my health.

I have had a few meeting with HR and they have offered me the three hours a day mostly walking job which wouldn't suit, the HR lady doesn't seem to understand and is acting quite surprised I haven't snapped her hand off for this job.

They don't think the job share will work and won't even try to advertise it and have used the excuse " What happens if someone is off" which we have to cope with now and I don't see where they are coming from so the way I feel now with my knee up on the couch and co-codamol by my side I will go home half way through my day tomorrow and take the three months full pay and six months half pay and hope my operation comes through and I am on my way to a near recovery..
Any thoughts..

OP posts:
Asimhereanyway · 08/05/2022 18:25

Could you ask them to refer you to occupational health? Is there a union at work & could you speak to anyone re your tasks at work triggering your pain?

I don’t think I would put off a much needed op until retirement in any case
though tbh.

Could you speak to your GP and request they advise desk duties only?

I hope someone will come along soon who has solid knowledge & can advise you.

Maflingo · 08/05/2022 18:29

Well if you move asked for adjustments and they haven’t/won’t/can’t accommodate them, and you are not fit for work, then being signed off is the logical next step. You will probably be referred to some kind of occupational health service by the company, so you can discuss the adjustments again with them and perhaps the company will finally see sense!

SecretVictoria · 08/05/2022 18:36

Do you have anything from your GP/consultant? Trouble is, afternoon only work doesn’t appeal to lots of people in a jobshare situation; they’re only on half wages but are stuck for the whole day. Can’t do any evening activities/collect kids, even going to the gym can be difficult depending on start times vs times of gym classes etc. IME most prefer a week of early, then a week of lates to give more balance.

bellac11 · 08/05/2022 18:37

Can you get one of those lightweight mobility scooters for moving round the site on, that would relieve the amount of work your knee is doinng

cornflakedreams · 08/05/2022 18:38

Have the surgery. Don't wait for it to get even worse and your prognosis / recovery to be poorer. Especially not for the sake of a job.

IncompleteSenten · 08/05/2022 18:39

Have the surgery.

Lolllllllllllll · 08/05/2022 18:39

Would it be possible to use an electric scooter. I’ve seen them used by staff working in airports.

Matchingcollarandcuffs · 08/05/2022 18:41

You need to be careful though as they could legitimately get rid of you on capability grounds of they deem the walking is essential to the job and you can't do it. It sounds like this may be the case, if they aren't able to offer you fully office based work. Even if the GP/OH recommends you stay off your feet of the work deems it necessary you're a bit stuffed.

So, it may be better for referral to OH, and temp change in duties pending your op.

Good luck

Lolllllllllllll · 08/05/2022 18:43

Sorry cross post.

bellac11 · 08/05/2022 18:45

Matchingcollarandcuffs · 08/05/2022 18:41

You need to be careful though as they could legitimately get rid of you on capability grounds of they deem the walking is essential to the job and you can't do it. It sounds like this may be the case, if they aren't able to offer you fully office based work. Even if the GP/OH recommends you stay off your feet of the work deems it necessary you're a bit stuffed.

So, it may be better for referral to OH, and temp change in duties pending your op.

Good luck

Surely that depends on whether the requirement is 'walking' round the site or 'ability to maneuver around the site'

Original poster
Tavaress · 08/05/2022 18:48

Thanks for all your replies, I am willing to share the four hour mornings and afternoons because I would then get some relief but they are only willing to give me the three hour mostly walking job which I think is quite insulting..

OP posts:
Original poster
Tavaress · 08/05/2022 18:54

Matchingcollarandcuffs

Thanks, do you mean they could sack me or make me redundant.

OP posts:
Irridescantshimmmer · 08/05/2022 18:55

Due to the Equality Act 2010, your employer is expected to make suitable adjustments and your condition may mean you could be fully covered by this, however don't take my word for it speak to HR who should be more than familiar with it.

Or ppeak to a union rep who will also be able to help.

BritInUS1 · 08/05/2022 18:57

Don't delay the op because of work

If you genuinely need an operation get it booked in now and get signed off if you need to

LIZS · 08/05/2022 18:58

The position is full time. They do not have to accommodate your preferences and incur the additional costs of recruiting and training a second pt person. If you had the surgery now you may find that reasonable adjustments and a phased return would be available.

Asimhereanyway · 08/05/2022 19:00

your employer is expected to make suitable adjustments

it’s reasonable adjustments.

A failure to make reasonable adjustments is a form of disability discrimination. However, an employer can refuse to make specific adjustments if it would not be reasonable for them to do so.

Matchingcollarandcuffs · 08/05/2022 19:03

They could of they felt you weren't capable of doing the job and they couldn't accommodates you elsewhere. And not having the op wouldn't help, making a temp adjustment to accommodate your needs until you are able to resume duties is easier then them fishing things until you retire. Especially as they've already said they can't offer you what you've asked for.

The emphasis is on reasonable, they don't have to if they can argue the business can't accommodate your request.

You really need specialist advice on this, maybe your Union or legal advice line that Congress with your insurance?

Unsure33 · 08/05/2022 19:07

I would speak to ACAS it is free .

ChicCroissant · 08/05/2022 19:14

Have the knee replacement procedure.

LIZS · 08/05/2022 19:18

Have you put a formal flexible working request in , and it been refused, or just discussed your thoughts?

Original poster
Tavaress · 08/05/2022 19:22

I am going off tomorrow, I have been in great pain for months and we are all just a number. They will have to find someone and will probably draft someone in from the factory which they done a few years ago when we had the other lady off.
There are two people from the factory who have told me they would like to share my job and one actually would prefer afternoons.
I have been off once in ten years when I Fell and broke my hand six years ago and I was off for two weeks. I ran the office for six months when our manager was off for no extra pay and if you could add up all the un-paid overtime I have done over the years it would run into a rather pretty penny.
Let you know how I get on, I am going for a nice hot bath and to bed.
Good night x

OP posts:
Dodgygeezer · 08/05/2022 19:30

What's the waiting list for a knee replacement these days?

DiamondBright · 09/05/2022 07:45

If you're able to take a short notice cancellation you could get your knee done within a few weeks, certainly in my area.

If you aren't already on the list I would get yourself assessed and referred asap. You should be able to get it done and be back at work within the six months full pay period. Why would you wait until after retirement?

LIZS · 09/05/2022 08:12

Sick pay is not necessarily six months full pay. Assuming op is correct she states it is three months full, size half but even that is occupational sick pay and more generous than some and ssp. If she has no op in that time she may yet be managed out under capability eventually. @Tavaress have you got a Fit-note from your gp stating you need adjustments in your duties, that might be a better route short term.

jimboandthejetset · 09/05/2022 10:21

Irridescantshimmmer · 08/05/2022 18:55

Due to the Equality Act 2010, your employer is expected to make suitable adjustments and your condition may mean you could be fully covered by this, however don't take my word for it speak to HR who should be more than familiar with it.

Or ppeak to a union rep who will also be able to help.

The OP hasn't said if she has had occupational health involvement, or his she's tried to formalise the issue with her health so that her workplace are clear that they should be putting reasonable adjustments in place. It's all a bit unclear right now.

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