To mention reasonable adjustments?

[BangYourHead]

I have NC for this as I don't want it linked to my previous posting history and I am posting here for traffic as I could do with a quick response.

I have just started a new job. I also have a diagnosis of borderline personality disorder. I am used to being able to work flexibly and to have the autonomy to work from home. The new job has agreed I can attend weekly appointments (I haven't disclosed what they are for) but there is no give on start and finish times and I can't work from home. I have a long commute and the lack of flexibly is really affecting my mood (sounds petty I know)! I am stressed running about trying to juggle childcare as a LP and I know I can ask for reasonable adjustments but should I or should I just look for another job?

Lots of people need or want flexibility in start and end times. You should have asked at interview. I never take a role where the company doesn't have this flexibility as they tend to be companies who are all take.

@bangyourhead

It’s a big organisation, it has and HR department. You need to speak with OH and your boss and actually explain the issue. I’d also post in employment where you’ll get actual help, not posters with no experience (or empathy) of disabilities or equality law.

Please look into Access to Work, if you’re within your first 6 weeks they can help for free.

It feels like you are not taking responsibility for your work/life balance. Get a job that suits what you need, and if that's difficult, re qualify.

Can you go and read up on some equalities stuff before posting? Your post is horrible.

A lot of people have no idea what it's like to work with a disability. It is completely reasonable to ask for adjustments.

At places I have worked, even when there is technically a universal flexible working arrangement, you are expected to 'earn your stripes' and prove your work ethic before they let you work from home when you choose. Could it just be that they are reluctant as you are new and haven't demonstrated your ability to do the job well without supervision yet?

Your OP makes it sound like you'd use WFH days when you don't have childcare

I have a long commute and the lack of flexibly is really affecting my mood (sounds petty I know)! I am stressed running about trying to juggle childcare as a LP

Employees should not be be looking after their kids when working at home. I am sure your manager has worked this out too

A lot of people have no idea what it's like to work with a disability. It is completely reasonable to ask for adjustments.
Yes, but you need to disclose it to your employer! The OP is saying they don’t want to disclose.
You can’t just expect them to provide adjustments a. Without any evidence of the disability and b. Without a full assessment (through occupational health, most likely) as to what those reasonable adjustments might look like.
Employers aren’t mind readers!
(FWIW, I have a disability and have always disclosed to employers, and had adjustments put in places.)

Legally they have to take your needs into account and try to accommodate your disability to not be discriminatory - however they cannot make reasonable adjustments for you if they’re not aware of your condition, sorry but they’re not mind readers. There’s a process that needs to be followed - as you work in a large company I assume you have a handbook that you can reference that may outline their procedures?

I would mention it to them because you have every opportunity for more flexible working, whereas if you don’t say anything you’ll be stuck in the same position as you are now. You’ll end up leaving for a new job or having your mental health deteriorate due to stress if your current working arrangements aren’t suitable for you.

You say that they allow other employees to work from home and have a flexible working ethos - therefore there’s a good possibility that they will give you the flexibility that you need rather than dismiss your concerns

The op has said she is willing to disclose in a previous message.

It seems like the question is more whether to ask for the flexibility as a reasonable adjustment for a disability, or whether to ask for it on the basis of the company ethos and your commuting and childcare needs. Obviously you need to ask, and obviously there is a difference in the company obligations depending on the reasons you give. But also, none of us can tell you what is reasonable for your employer to say, because we have no idea what your job is and whether there are reasons why you need to be in the office to do it or not.

Reasonable adjustments for disabilities have to be reasonable. If this job doesn't have the kind of flexibility that most jobs in this company do, there are probably good reasons for that, and it may be that they can't make the adjustments you need. But the only way to find that out is to talk to them about it.

I am stressed running about trying to juggle childcare as a LP

That sounds like OP wants flexibility for childcare reasons, no disability reasons. I don't know any LP who isn't stressed about juggling childcare. That isn't the employers problem.

Op you can't expect specific reasonable adjustments unless you disclose why you need them.

I've had a staff member who needed time for a regular medical appointment. He was given the time but did not need any other adjustments. I have another staff member with Autism who gets very anxious. We have given him a whole range of adjustments to address his needs.
I have some temporary adjustments whilst waiting for surgery. I've had to give my boss far more information than I really would want to share but it was necessary to get the adjustments

Flamingchips - I don't need to read up, I'm an employer and I've been an employee with need for adjustment. We have employees that work from home, and employees that have other adjustments to make their role work. I don't have a problem with the need for adjustment, I have a problem with employees acting like an employer owes them a job. I think it's wholly unreasonable to take a workplace bound job, then complain about the commute and child care issues, and then ask for adjustments based on disability. Like a previous poster pointed out, if child care is the issue, the OP is really expecting to be paid to work from home whilst at times looking after her kids. Like it or not, this doesn't help women in employment. We all pay for attitudes like this that is a fact.

ODFOD. I'm not asking to WFH to cover childcare. I'm asking so that when I feel like shit and don't want to get up in the morning I have the option to stay at home for a few hours to sort my head out.

@ScurfnNerf is your disability a mental health condition? I never disclose my mental health disability before interview or job offer, I'd never get a job.

I have reasonable adjustments around hours. My job involves shifts, but I don't do them. I do regular set hours as that is better for my health.

Again if I only looked for jobs that fit my needs already I'd never have a job!

Have they given you reasons? I know people who WFH but do so on set days and give notice if they ever have to swap or have additional days, I also know people who can literally decide to WFH last minute.

If you decide to apply for another job it's definitely worth trying to find out what the norms are.

Intents I wouldn't either.

Scurf she's willing to disclose.

I think this is all in the delivery of info really. I understand why people don't disclose some conditions until they start, although I wish the world was more accepting so there was more comfort in disclosing.

However, there's a big difference between fairly soon then privately disclosing to HR and keeping a watching brief together on adjustments that may be needed (fab employee of ours did it that way, highly valued by us), as opposed to never disclosing to HR or manager but grumbling a lot to colleagues and asking for lots of flex but not being open about why (much more challenging for employer to handle).

Another thing might be is that we offer flexible working to everyone for emergencies, but as a general principle don't offer regular remote working until X years' service, because new people need a team around them while they're learning. Maybe your employer has similar requirements?

This is my specialist subject. It is really important that disabled people exercise their right to reasonable adjustments as it keeps them in work.

It is correct that your employers should know or ought (given the evidence) to have known about disability to entitle you use the Equality Act, both not to be discriminated against and get disability related reasonable adjustments.

There is no requirement to do so before application, so perfectly okay to disclose now and I suggest you ask for the changes as reasonable adjustments.

I would advise you write to your line manager setting out details of your disability and the significant impact it has on day to day activities (when not on any medication prescribed). Then set out what RAs you need and precisely why you need them, why it would be reasonable and any other relevant factors to support your claim (how others get flexible working, low impact on others, minimal cost etc). If you have any medical notes/reports that would support your application then use them.

Also asked to be referred to Occupational Health. Best to get the detail because often Occ Health reports are poor what changes are needed so best to give them good guidance. Ultimately the decision is with your employer, not Occ health but a recommendation by Occ Health is really helpful . in making the decision you employer has a duty not to be unreasonable and any decision to refuse has to be objectively justified (and the burden of proof is on them)

Do not let them treat it as a Flexible Working request, but a request under the Equality Act .

If they say no to the request (and you think it is wrong) put in a grievance and if turned down, do exercise appeal rights. You could pursue a claim to the ET but note time limit to starting Early Conciliation(which would be within 3 months less one day of date you think the RA should have been put in place after request ....do not wait until grievance process exhausted if longer)

Good luck!

I'd never disclose my three disabilities prior to getting a secure offer. Madness!

Yup I disclosed my disabilities to OH and was told all fine. On my first day I was taken aside by my manager and told if she’d known she wouldn’t have offered the job.

I think you should talk to HR and see if there are any adjustments they can make for you. I dont think it was unreasonable to think you would be allowed flexible working if it's common in your company. As it's such a big company it might work in your favour as a big organisation tends to be better at employment law.

People saying you should have declared your disability at interview have no idea how the real world works. Any mention of a mental illness and you won't get the job. I know someone who has a severe mental illness and no one will employ them. They did free work experience for several companies, all of whom said they were brilliant at the job, but when it came to handing out the real jobs, well you can guess what happened.

@IntentsAndPorpoises it’s not a mh condition, but it is an invisible disability.
Personally, I don’t want to work for an organisation that doesn’t support employees with disabilities. But I work in a relatively niche area, and I have skills that are difficult to recruit for, so perhaps I’ve been lucky.

I don't think you are being u to ask but you will have to disclose your condition and explain why you need the flexibility. I would also explain that you thought flexibility would be an option because if what they say on their website. They can still refuse an adjustment if they can make an argument for it not being reasonable. If it makes the difference between you being able to work there or having to leave or go on long term sick leave, I would ask and see what happens.