Reasonable adjustments at work/cancer diagnosis

[Friday999]

Name changed for this.

I was diagnosed with cancer a few months ago. I work full time, but we do hybrid working and I’ve managed my medical appointments without trouble as my line manager is flexible and I tend to WFH towards the end of the week when I seem to run out of steam and don’t feel 100%. This has all worked just fine.

However it now looks like I may be transferring to a different department, the only one in the entire organisation that doesn’t do hybrid working. I’ve done my homework and it looks like cancer is classed as a disability under the Disability Discrimination Act for employers and also that WFH is a fairly standard option for cancer patients requesting reasonable adjustments.

I don’t want to WFH all week, I just want to continue with my existing hybrid arrangements, which is 2/3 days per week in the office. My employer (public sector) has an established hybrid policy, its just that the manager in my potential new department isn’t a fan of hybrid so doesn’t operate that way.

So – do I approach HR before I move into the new department and request reasonable adjustments (ie continuing with hybrid) , or do I wait until I get there and try to negotiate with my new line manager?

Are you in touch with occupational health? You will be covered by the Equality Act and therefore reasonable adjustments will apply. Contact your HR department as they should also be aware and can refer to occ health for formal assessment if needed. Also ask to have a meeting with the new manager so they are fully aware. Good luck with your treatment.

I haven't been in touch with occupational health at all so far - my current department is very flexible and so there's been no need to take advice or flag anything up?

You say 'potentially' - you need to speak to HR to work out if you will actually be transferring and, if so, make the point that your current adjustments will need to continue in your new department. Ask early and ask HR because they will know what the work policies are, so that way you are covered. Once you know your transfer date then book a meeting in advance with both HR and your new manager just to get everything recorded in writing before you formally move across. I wish you well with your treatment and recovery.

I would think deeply about whether the new department would be a good fit for you. The manager sounds inflexible and you might get a lot of comments, regardless of it being an accommodation.

Not what you need at all.

It's not my choice to join the new department, its due to a restructure. I would be staying put if it were up to me!

Are you transferring voluntarily?

Unless there is a genuine operational reason for the new manager needing their team to be in the office FT, what I’d be asking HR is why your manager-to-be is allowed to opt out of organisational policy on hybrid working. Expecting to work as per the organisation’s policy is not a reasonable adjustment. In fact if you want to work per the policy I’d not be surprised if HR told you no adjustment is needed.

If it is purely because of their preference not to let their team hybrid work, I bet your new manager is also the kind to “opt out” of providing reasonable adjustments.

Speak to Oc Health, speak to HR. Don't wait. Line your ducks up before you get there.

If the new Manager is one that doesn't want to adopt a companies flexible working stance then he's likely to be a pain in your arse. So get the rules set out for you up front so he has no wiggle room.

I'd also be looking at Plans B and C.

All the best with treatment and recovery.

Expecting to work as per the organisation’s policy is not a reasonable adjustment. In fact if you want to work per the policy I’d not be surprised if HR told you no adjustment is needed.

This is exactly what I'm thinking ......

If you’re public sector talk to your union. Put in a flexible working request mentioning the Equality Act and point out you have a protected characteristic. Get agreement from HR before you join the new department. You can, very pleasantly, explain your working pattern and how it’s protected in law.
Occy Health are usually very supportive and will give a list of ideas and suggestions to support you.

Do not bank on your new manager just being a decent type and hope they will do the right thing. As your treatment progresses you will be less able to advocate for yourself as you may get more and more tired. Put the support in place now.

Obviously I can provide documentary evidence of my diagnosis, should it be required, but its not so easy to prove symptoms. I'm also worried about that.

I took sick leave to be honest. Cancer treatment takes enough head space and energy. Public sector has generous benefits

@Friday999 your diagnosis is your proof. You are disabled. You tell them what reasonable adjustments you need. They need to be reasonable, so a foot massage and butler service is unreasonable but a working pattern followed by others in the organisation is reasonable. Your new manager would have to provide evidence that wfh would impact negatively on your job - that would be hard as you successfully wfh at the moment.

Get that flexible working request in - your employer is legally obliged to consider it and grant it if you are being reasonable.

your diagnosis is your proof. You are disabled. You tell them what reasonable adjustments you need. They need to be reasonable, so a foot massage and butler service is unreasonable but a working pattern followed by others in the organisation is reasonable.

So the diagnosis is enough? I don't need to prove (if proof were possible) other symptoms?

Nope. I’m a TU rep in a public sector work place I’ve done loads of flexible working requests and sickness meetings. They may ask you what they symptoms are and you tell them but your diagnosis is the proof. Look up ACAS information on flexible working, I think they have a phone line you can ring.

What you are asking is reasonable and your employer is legally obliged to consider it and explain if they refuse. Your request is eminently reasonable.
Ive always found occy health very supportive, they produce a report with suggestions. I’m surprised given your diagnosis HR haven’t already set up a meeting with you to discuss what adjustments work can make - I would assume it’s because you and your manager have a good arrangement.

Thank you @Thetreesaregreeninspring that's really helpful. Yes I have a very good arrangement with my current line manager, so there's been no need to involve HR to date.

What grounds would my new line manager have for declining such a request, other than the fact that she has chosen not to operate hybrid in her department? Its a normal, office-based department, which ran with hybrid until she arrived, then she changed it.

She can have whatever grounds she wants with other people, that’s not your issue. You re specifically asking for a reasonable adjustment for your situation. You have a protected characteristic, they have to consider your request legally. If your new manager wants to turn your request down she will have to put her reasoning in writing and explain why it would be unreasonable for the organisation to meet your needs. She’s going to have a hard time doing that as other departments already offer this to staff.
HR will probably take her to one side and explain they don’t want an employment tribunal for disability discrimination.