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New disability

8 replies

DivaDroid · 05/02/2024 19:16

Hi, apologies for the essay Blush
I'm hoping for any information etc regarding hybrid/flexible working please. I'm in Scotland - I know the laws can be different than in England.
My husband works in sales for an oil type company. He WFH during Covid lockdowns.
He had a stroke in Jan 2022, was signed off for a few weeks & a phased return to work, starting with FT WFH, moving to hybrid once he could drive then back in the office, then office FT after a few months.
In Jan 2023 he had a (terrifying for me) 5-10 min tonic clonic seizure, related to the brain damage from his stroke. He returned to WFH within the week after this & resumed hybrid working after a neuro appointment & starting anti seizure meds. He had another smaller seizure in July 2023 which reset the clock on his driving.
As public transport is crap/non existent here, I take DH in to the office & collect him on my days off (I'm a PT shop worker). This means he's not in the office the same days every week, but is usually in 1-3 days every week, most often 2-3. He works the rest of the time at home.
Come July, we're expecting him to regain his driving license - assuming no more seizures. Part of the 'triggers' for DH seizures are being overly tired.
We are concerned that his workplace will expect him back in the office full time at this point. I feel that the hybrid working as he is just now is working well.
His reviews have all been positive - no mention that him being at home is detrimental to the business.
It's a smallish business & the owner is very 'old school' when it comes to ways of working - he couldn't wait to get everyone back in the office after Covid Hmm
Can his work insist he goes back to the office full time? He has been working full time, just between home & office.
He's been with the company for almost 14 years & his line manager (not the owner) & department colleagues have no issue with the way things are just now.

OP posts:
Soontobe60 · 05/02/2024 19:24

Is the issue to do with the commute as opposed to actually being in the office?

GoodOldEmmaNess · 05/02/2024 19:26

It sounds like he would fall under the Equality Act definition of having a disability - ie 'a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities'.
That means his employer must make reasonable adjustments to allow him to do his work. WFH certainly sounds like a reasonable adjustment, particularly since he has already done that successfully

mynewusername2023 · 05/02/2024 19:27

I've had a stroke and was referred to occupational health by work to get their recommendations as to where I worked and how often. Work stuck to the plan as I think they can get in trouble if they don't.

It would be worth seeing if something similar can be done.

DivaDroid · 05/02/2024 19:27

Soontobe60 · 05/02/2024 19:24

Is the issue to do with the commute as opposed to actually being in the office?

Sorry, yes it is. A commute 5 days a week is (I feel) likely to lead to further seizures, brain injury & time off work

OP posts:
DivaDroid · 05/02/2024 19:28

And thank you for your responses Smile

OP posts:
helpfulperson · 05/02/2024 19:47

Get in touch with Access to work, they may fund the cost of a taxi.

LIZS · 05/02/2024 19:50

helpfulperson · 05/02/2024 19:47

Get in touch with Access to work, they may fund the cost of a taxi.

This. Is the issue how tiring dh finds a commute or the fact you might need to drive him. Reasonable adjustments could include wfh.

zebrapig · 05/02/2024 22:58

Has he had an occupational health referral as I think one would definitely be appropriate for him. They will make recommendations to the employer on what adjustments need to be made to accommodate your DH's disability.

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