Arthritis - Not sure on employment rights

[ordinarybread]

I have had ongoing issues with my knee for 7 years, I have had an MRI confirm Osteoarthritis but my doctor wants me to take pressure off the knee. The pain renders me unable to walk very far. For context, when it's bad I use crutches and have to crawl upstairs. I have been at this job for 2 years, my old manager who was let go a few months ago let me work remote when my knee flared, I also was pregnant throughout 2022/23 and worked completely remote for that time. I have a new manager now who is more office orientated.

I've been remote since I returned to work on doctors orders going on 4 months now.

The office is 2 hours of travel each way, my knee is in physical agony doing this commute, especially on the tube. I tried meditating and meeting in the middle, I put in my flexible working request to come in 1 day a week but this was declined, they want me in more if possible.

The company's occupational health recommended 1-day max in office and allow ad hoc working from home when I flare. If I say no and demand one day a week when I physically am able to do so do you think I'm risking my job here? I'm with Unite the Union as a heads-up and have access to legal advice + help

Your employer needs to heed the advice of OH but only providing the operational needs of the organisation can be net which may be tricky if part of your role is customer facing. Your case is stronger if you are considered disabled under the EA 2010.

More importantly what is your Dr doing to sort out the severe osteo-arthritis in a 30 year old. It's quite unusual. Knee replacement?

Why did you return to work on Dr's orders - can you say a bit more about that? How much sick leave have you had in addition to your mat leave?

It sounds as though you might benefit from a knee replacement.
Otherwise perhaps time to look for a different job, realistically the long commute is not your employer's problem.

@RosesAndHellebores My role is not customer facing, my role is literally project management and I've done it remote for the past 3 years (1 year with a different firm)
Thats the kicker, I was referred to rehab physio, they told me there isn't anything, they can give me cortisone shots into the knee but they don't want to as it could speed up the cartilage fraying.. they tell me to exercise and eventually yes knee replacement but they said I won't be considered for one until I am over 50 depending on severity. It took me several years to convince them to give me an MRI, they kept telling me I have tendonitis without checking.

I returned to work on a fit note that orders working from home, because I need to money, literally no way round it. I haven't used any sick leave because I have been remote, if I am unwell I just work from home anyway. The issue isn't my role its the commute.

My question is really if I push to have this one day a week, do you think I'm putting my job at risk by pushing for that?

@Redburnett They've told me that's not on the table as I'm 28. Yeah I figured as much. I need to get a job with a 100% remote contract

If you've previously done your job successfully remotely and there is no business need for you to be in the office (which it sounds like there isn't), I doubt your employers would have a leg to stand on TBH - from what you've posted here it's likely your condition would be considered a disability.

Are you claiming PIP
If not put a claim in but get help writing it.

Contact assess to work as well

If you’ve been there more than 2 years you’ll have more protection. Whilst your under a fit note and with occ health support I think you’ll also be ok.

Longer term they could look to manage you out under ill health capability if it’s not a protected characteristic and your contract isn’t a WFH contract. Ultimately it will depend on how important having people in the office is versus the value you bring to the role.

I’d try to keep a WFH fit note for as long as possible, go in when you’re able to but at the same time start looking for fully remote roles or hybrid roles much closer to home.

Yes access to work is a very good idea - they often help out with taxis for some of the journey, even on-site mobility scooters.

Nevertheless you need to read the riot act over your knee and note its impact on your quality of life/career/earnings, etc. If you don't pay tax the NHS loses your funding. Cases such as yours are often worth chucking £250 at with a knee consultant to get a decent report written that will be taken into account above what a clinic registrar says. Might be worth a loan to fund a knee replacement at your age.

If I've understood correctly, OH have said they believe you can manage 1 office day per week but you don't want to do that and only want to go in "if you feel able"?

Your employer has to heed OH, as I believe your arthritis would come under the disability act and therefore following OH guidance would be a "reasonable adjustment".

But if you are refusing that then I think they can terminate your employment on the grounds you are not physically able to do your job even with reasonable adjustments.

Whether they would have an appetite to do that is a different matter. Precedent has been set with you working from home already however they may argue this impacted the business and was only allowed because of Covid rules.

@Myyearmytime I got declined

You need to reapply with help .
It will be a fight so be prepared but this is gateway benefit and opens door to other things like assess to work.

Please try again go to citizen advice and get their help filling in the form .

You do not have to be in receipt of pip or other benefits to be successful regarding access to work.