AIBU for requesting reasonable adjustments for a disability at work

[Catty21]

I’ve been off work for a while due to an illness that has now made me disabled. Prior to going off sick , my role was full time. My consultant, family and my works occupational health assessment have all pointed out going back full time will be detrimental to my health and that I request to reduce my hours. I have requested reasonable adjustments to reduce my work to 4 days a week instead of 5. This has been rejected . For context, my role is admin working from home and it’s not like it’s senior role or one that would cause an issue if my hours were reduced. The company I work for is a large corporation so it’s not like I am working for a small business either.

My employer knows I’m protected under the Equality Act but have basically said , yes we acknowledge you have a disability , but we can’t make reasonable adjustments for it and if you cannot do full time, you will have to resign. It feels like they don’t want to me return and they are doing this on purpose so I resign.

AIBU by requesting dropping a day ? Where do I stand legally ? Do I just resign ? I have spoken to ACAS but all they have done is email me generic advice .

Any advice ?

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?

They’ve job shared basically across the department which proves it can be done that way. No, it’s not consistent access the week although the last week of the month would be considered time critical when all data has to be submitted

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).

OH and my Consultant are saying it’s to protect myself from burn out as my disability it mentally and physically draining and I don’t want to relapse.

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?

I totally get that the business can reject it on grounds of not suiting the business needs ect. I want to work and don’t want to have to go and rely on benefits. But how do the government expect people with disabilities to get jobs when the job you are currently in cannot even accommodate you ?

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.

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.

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.

Yes, I always had good feed back , passed probation with flying colours and got on with everyone. As soon as I became ill ( at the start of sick leave ) I was told more I less to quit because me being off sick was putting pressure on everyone and I would never be well enough to do my role .

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

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.

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

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.

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

@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).

It isn’t as easy and just get anther job. It’s not like I can rock up and do any job. If I quit my job and apply for a new role I will have to disclose my disability. I have all ready been pro active and applied for other jobs that are part time and you can guarantee if I tick the disabled box , I automatically get an interview. I’ve had interviews where potential employers bang on about how they could accommodate me but have no intention of hiring me. It’s all a tick box exercise. This isn’t unique to me, it’s the same story within all the online disability forums. It’s hard enough out there for able bodied people to get jobs let alone disabled people.

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.