Flexible working/ disability

[Wooly1]

Hi looking for some advice if anyone can help.

Currently on ML due back at the end of the month. I put in a flexible working application to reduce my days but it took over 4 weeks to come back as declined. I found out after the meeting that the process hadn't been done properly, no letter was sent to advise my of my right to have someone present and no minute taker was present.

I found out about this when chasing for a response on my application 4 weeks after the meeting. the boss emailed me to say that I needed to come in again. I couldnt manage this as i was going on holiday two days later, by this point the original meeting was 4 weeks previous and I had been promised a response within 3 days of the meeting. In the meantime redundancies had been offered so I needed to know the outcome of my application before i went away so i could decide whether to apply for VR.

My boss sent the letter declining my request on the day I was leaving for holiday. So i sent the VR letter off but didnt get it.

I requested to appeal my FW request but whilst I was waiting to hear one of my friends mentioned to me that as I have arthritis I may be offered protections under the Equality Act. I investigated this and it seems like it was correct.

I then sent a letter to my HR dept officially stating that I had arthritis and requested that they consideted my request to work reduced days as a reasonable adjustment under the Act.

Just recieved a call fron HR today asking for more information about my condition and authority to be called by occupational health outsourced to a 3rd party. I did query the need for 3rd party involvement when I could request letters from my Consultant and GP but the HR woman got quite shirty about me "attempting to avoid it" as she saw it. Occupational health will now call me within 48 hours and apparently she will now look for a manager to hear my appeal.

I then asked how my FW appeal would be treated in light of my request under the Act. She stated that it would still follow normal FW appeal process. Is this correct? My assumption was that due to the Act and the legal requirements it would follow a differenr process and I should be more likely to succeed.

For info my ML was not covered, work was managed within the team...this is the basis of my request and the proof that my request is reasonable. I am only looking to drop 1 day which was a 5 hour day for me before ML. Others in the team work the pattern that I am requesting.

Thanks

Apologies for the quality of my post. I am totally exausted, one of the symptoms of my arthritis

What reason did you put down for requesting a reduction in hours in your first FW request?

If it wasn't relating to your disability and you've never mentioned having one before, I can see why some eyebrows are raised. It sounds like you are appealing on the basis of something they knew nothing about.

You need to think WHY dropping a day is more helpful to you/your condition than say, doing shorter days instead?

I'd definitely be looking for OH input in your employers shoes too, to confirm you had a disability as per the Act. Consultant letters wouldn't tell me what I need to know in the way OH would i.e. is this a disability and is the adjustment reasonable or is this just a back door to getting the reduction in day for childcare, that was previously denied.

In terms of the appeal process, you haven't mentioned a disability in the FW request and it does seem like you're changing the goalposts now it's been denied...

What I'm trying to say (sorry, it's early!) is that it sounds like you've made a statutory request to change your hours in order to care for your child, they've denied it and you appealed based on it being a reasonable adjustment for a disability they seemingly were unaware of. Is this right?

@Dragonmama

My boss does know about my condition and has done for a while. It was mentioned in my FW request but wasnt the sole focus of it IYSWIM.

The reason for not putting in a reqyest for reasonable adjustment under the act was that I wasnt aware that my condition was covered. Its not "back door" but i didnt know there was cover for me under the act.

The reason for less days rather than shorter days is that I am literally wiped out by mid afternoon currently whilst not working. I dont see that shorter days will help that plus I see this as better fir my employer too. My request us asking only to drop 5 hours which I do over 1 day.

Hopeful bump

And a bit of extra info. Saw a consultant at rheumatology today who said he would support my request if he was written to by occupational health.

That has encouraged me a little but still worried about what happens next.

Sitting here in agony though after a steroid injection into my knee

Hi Wooly, sorry you're having a rubbish time. I don't think that the Act would necessarily require a different appeal procedure and I wouldnt take it as read that you will get the 4 days as a reasonable adjustment. Referral to OH I'd quite usual I think and is partly to protect the employer in the event of a claim. I'd recommend dping your best to get your OH assessor (who is probably not an expert in arthritis) to understand why 4 days would help. If it is RA then NRAS do a good leaflet for employers which can help them understand the condition. Think it is also available online. Is it a recent diagnosis or longstanding? If recent things may improve with treatment.

Please be careful, I worked for the civil service, so I thought I would be treated well and fairly. How wrong could I be, I developed severe sciatica initially, and work were fine my line manager was brilliant. When I had an MRI it was discovered I had numerous problems with my spine. including Osteoarthritis. I had to move offices as my mother became very unwell & I was living 200 miles from her, at the new office they were not as understanding, Within 2 years of my initial problem, I was having problems driving so my manager suggested I try & get to a office much nearer to my home which was 20 miles, so I moved again to office 3 miles away it was not easy though , the building manager tried saying it was unsafe to others if I was in the building amongst other stuff, All was discrimination and it was brought to there attention so I got the move.. It was here within a year they started at me sending me to occupational reviews if I even had a few days off, my illness had become a lot me difficult to cope with, id been put on a lot of meds which made me very sleepy and disorientated, ST THE REVIEWS WITH THE OCCUPATIONAL PEOPLE IT WAS MENTIONED I SHOULD CONSIDER RETIRING I WAS NOT EVEN 42 However this was pushed, At the same time my line manager was also being pushed for me to accept there offer, I held out as long as possible the union was rubbish , I was then called in the office and told if I did not agree the senior manager were pushing for me to be sacked, as I had over done my allowable 9 days sick a year.I begged for a different job role , to go part time everything nothing worked, Ive now been out of work since 2011. I even had union rep all the way through they were more concerned for there own positions, but that working in the civil service

My hopes of getting another office role has long since diminished
If you can hold on to your job then bend as much as they want, as soon as youve a diagnosis and registered disabled no one will give you a chance.
Good Luck Caz

I aplogise for any typos, hands not good today.

xx