Work and reasonable adjustments

[user8199002]

I work in retail and was off work sick due to depression and anxiety at the end of last year and when I returned I requested the following reasonable adjustments with occupational health

• to work out the back away from customers as I get anxious and this can cause panic attacks
• to have 3 days off in a row (I work 4 days a week) as this will help me to relax more

My manager has not implemented these and I keep explaining that working in a customer facing role is causing my anxiety to be worse.

Can anyone offer any advice?

[OneMoreTime23]

Have you had a discussion about your requests to discuss any concerns?

[user8199002]

Yes and my manager keeps telling me that there are not enough staff to put the requests in place. Other members of staff work out the back though and have there days off together

[OneMoreTime23]

Okay. So you’ve asked and hems said no.

It may be that other staff are doing those things because they also have conditions entitling them to reasonable adjustments and he can’t take away from them to give those to you.

You’ll probably need to raise a grievance pointing out the reasons for your request, that you consider it unreasonable that others seem to be able to work this way (but bear in mind that they may have been entitled first) and requesting the decision be looked at by someone more senior.

presumably they need some front facing staff? You can’t all be in the back.

[Jimmyneutronsforehead]

Has your manager said why they won't implement these? Are you in a union? Have you contacted ACAS?

If you work in a customer facing role, I think it would be seen as unreasonable in the same instance as that if you accepted a job in a call centre, but then requested to not work on the phone.

You would be requesting a change to your overall responsibilities and role within the business.

It may be that your employer has employed you to do this job, and the workload you have cannot be shared out between existing staff.

Equally, shift pattern wise, it will likely be down to scheduling and whether or not your request meets the demands of the business. For example if there are already people with flexible working patterns in the business which means that as they require so many people on shift on certain days, they cannot accomodate your request, in which case it would be seen as unreasonable.

However, you should be invited to a formal meeting process, where they discuss the request and the outcome of the request as well as give you the opportunity to appeal the decision. If this has not been done you may be able to take them to an employment tribunal, usually within 3 months less 1 day from the original date where the instance occurred, such as your request for reasonable adjustments.

It is up to the business to provide you with reasons for rejecting your request as well as providing evidence to back up those reasons.

If you are disabled the business is obligated to make adjustments however these must be reasonable and what is reasonable is different for all businesses, big and small.

I think what would be seen as a reasonable adjustment in your instance would be to allow you to spread your breaks throughout the day so you have more opportunities to step away from work during your shift, and to allow you reasonable time off to attend appointments which may benefit you. It would also be reasonable for them to provide you with some sort of counselling as many places provide EAP services.

If you are not in a trade union I recommend joining one, however many won't assist with pre existing issues, they may still offer advice.

I also recommend giving acas a call, so they can provide you resources for representing yourself both formally and informally.

[Greywitch2]

It obviously depends on the shop you are in, but I would have thought that a request to not have to deal with customers when you work in retail would not be seen as a 'reasonable' adjustment.

Again, whether they can accommodate you with the days off you want will probably depend on how many employees they have.

If there are already other employees who have this arrangement in place, it doesn't necessarily mean they are unfair not to let you - it simply means that not everyone can 'work in the back'. Is it a shop?

[KnickerlessParsons]

Unless you're employed as a warehouse operative rather than, say, a till operator (don't know what these roles are actually called) I think your manager has grounds to say your request isn't reasonable. And if he needs till operator but has plenty of warehouse staff, they can't pay you to do nothing.

[Overthebow]

Just because you’ve asked for it doesn’t mean they have to implement it if it doesn’t work for the business/team. They may not be able to accommodate it due to others already agreed patterns and requests, or so it’s not unfair to the rest of the staff for example if the task requested is usually shared and wouldn’t be able to be shared anymore.

[rollonretirementfgs]

If you don't like dealing with customers I'd suggest retail isn't the best job for you! I guess the other staff members might not like dealing with customers and would also prefer to be out the back? Makes it tricky for your manager and I don't think OH is a trump card, just a recommendation

[LIZS]

If you are a sales assistant it may simply not be feasible for you ti be in the stockroom all day every day. They will need cover on the shop floor. What triggers you specifically?

[Hollyhocksarenotmessy]

Hi,

The 'reasonable' part of reasonable adjustments means what is reasonable for the employer to implement, and OH recommendations are just recommendations, not absolutes.

I would request a formal meeting to explore the reasons they can't implement them, but if they can't, they can't.

[Applestrudelist]

Occ health can only make recommendations… it’s the line manager who makes the decision about what is ‘reasonable’ for the given situation. Having said that, the line manager would need to document why it was not reasonable and be prepared to defend their position at tribunal.

[Applestrudelist]

If the line manager cannot implement the recommendations then I would involve HR… it may be that they can offer them within another department or role that you could move to temporarily.

[Kitkat1523]

I think your manager is reasonable in refusing these…I mean if you work in retail then your role is going to include customer contact….they have to consider your request….but if it doesn’t suit service need then they are quite within their rights to refuse.
why not find a job with weekends off, then you can request Monday or Friday off…..and look for a job where there’s no customer contact eg office work

[Kitkat1523]

@Applestrudelist

If the line manager cannot implement the recommendations then I would involve HR… it may be that they can offer them within another department or role that you could move to temporarily.

But OP works in Retail….that’s selling things to people…..so customer contact is a massive part of role….it just won’t happen

[User2460177]

You are only entitled to reasonable adjustments if you have a disability as defined in the Equality act. Depression may qualify but will not in all cases. Also they only have to make adjustments that are “reasonable” given their resources. In many cases the requests you made would not be considered reasonable but again it depends on your employer’s situation.

[LIZS]

Unless it somewhere like Argos with a significant behind the scenes operation picking and delivering. Or picking online orders in a supermarket from the stockroom rather than shop-floor. 3 consecutive days off is tricky and surely means four consecutive days working, which is not ideal either. Reasonable adjustments does not mean the employee gets it all their own way.

[Crazycrazylady]

Honestly if you're job in a retail based role. There is no way that not dealing with customers is a reasonable adjustment. I think you need to look for another job

[rwalker]

There under no obligation to honour OHS recommendations

I’d be trying to compromise

[SleepingisanArt]

Friend works for a high street fashion brand - they have separate staff for front and back. Stockroom staff are not customer facing (some are till trained as they began on the shop floor) and shop floor staff are not trained in stockroom procedures. So if she requested to move to the stockroom it would be denied unless there was a vacancy - there has to be balance and there are fewer stockroom staff than shop floor.

[middledagedjobseeker]

Did occupational health agree with the reasonable adjustments that you proposed and formally recommend them to your manager? If so, this puts you in a much stronger position.

[user8199002]

@middledagedjobseeker

Did occupational health agree with the reasonable adjustments that you proposed and formally recommend them to your manager? If so, this puts you in a much stronger position.

@middledagedjobseeker the report states suggestions

[middledagedjobseeker]

Okay, the test then is whether the employer has the finances and resources to make the adjustments.

What does your job description say about being customer facing? What does it say about how days off are allocated?

[user8199002]

@middledagedjobseeker

Okay, the test then is whether the employer has the finances and resources to make the adjustments.

What does your job description say about being customer facing? What does it say about how days off are allocated?

@middledagedjobseeker my job role states customer assistant and my contract just states hours per week to work and nothing about days off

[TinyYellow]

How big is the company you work for? Maybe it’s possible to get moved into a different job role elsewhere in the company. I don’t think it can be considered reasonable for a customer assistant not to deal with customers, so another job will probably suit you better. This might be the opportunity you need to find a job you like.