Work trying to force me to do shift I said I can't do

[Louise2092]

So, bit of backstory.. my previous work was similar but much more stressful. The latest I worked to was 8pm and never worked weekends (helpline not open).

Due to how stressful my job was, it was exacerbating a medical condition I have. The condition is GORD (gastro oesophageal reflux disease). I have to eat at certain times (roughly a 2 hour window per meal), take daily medication, avoid certain food and drinks, sit up straight for at least 10 minutes after a meal and sometimes sleep sitting up to help control it.

If I don't do these things then I am often up all night basically resembling the vomit scene in the exorcist. I can spend hours on end puking into my personal sick bucket that lives under the bed (cleaned out obviously) so i is handy as the sickness comes on suddenly and I don't often have time to make it to the bathroom.

I have tried multiple things to sort this and the things mentioned above seem to work well for me (only 1-2 bad nights in the last 6 months compared to 3-4 times per week previously).

Stress makes the condition much worse which is why I went for a new job.
So, my problem...

When I interviewed for my current job, the role involved weekends which i'm fine with but the latest I would work to is 10pm. I explained my condition in the interview and said the latest I could work to is 8pm as that is what me, and my body, are used to and working later would ruin the routine which helps my condition.
I was told that would be fine as it is a medical issue and was offered the job (through an agency for the first few months then employed permanently by the company).

I am due to be taken on by the company rather than be employed by the agency on the 24th August and yesterday, one of the managers asked me more about my condition as I had offered to do a nightshift so he said he wanted to make sure I'd be ok.

I explained this will be fine as my normal routine will be done by 9pm and then I can start again the next day when I finish work and catch up on sleep between meals.

He then brought up the 10pm shifts and said they would sort my breaks to make sure I get a proper meal and time to sit up after eating but this means 2 15 minute breaks from 2pm-8pm rather than the usual 15 minutes and 1 hour I'm now used to.

I explained I said in interview I can't do that shift and I appreciate them trying to get around the issue by reorganizing breaks but I didn't want to break my routine.

He then said that the job requires some 10pm finishes and it would ultimately be down to my operations manager to decide if I have to do the shifts or not. I haven't done the shift since I started in April and there have been no issues with it until now. I've done overtime, shift swaps and now an overnight shift so am flexible in every other way.

I'm now worried they won't take me on once my agency contract ends due to me not being able to do this shift.

Can they actually refuse to take me on permanently for this despite me bringing it up at interview?
If they had said at the time then I would have stayed at my old job.

I just really can't afford to be up all night being sick again, i end up with backache, am exhausted the next day and often need to phone in sick as I am too tired to drive or even function and am not good company.

The worry over this is killing me and the operations manager is now off for 3 weeks so I have this hanging over me until the 24th when i find out if its either break my routine which works for me or be jobless.

Please help and sorry for the really long post just wanted to give all relevant info.

"Can they actually refuse to take me on permanently for this despite me bringing it up at interview?"

Did you receive an offer of permanent employment from this company at the time of the interview? Or just an offer from the agency?

The agency dealt with all the CV sifting, recommended people for interview and then the company interviewed me (the manager who spoke to me and the operations manager are actually the ones who interviewed me) and it the company who tell the agency who to hire.
it's quite a complicated method of employing that they have.

I'm employed by the agency right now but it was the companies decision to employ me on the contract despite knowing and agreeing to the shift issue.

Basically from what other staff have said, it's pretty much a given that people are taken on permanently by the actual company once the agency contract ends unless there is a real issue with absence, time keeping, quality etc. But I'm worried they'll try and use this as an excuse not to take me on permanently.

I'm sorry but you can do the shift, it's just as convenient for you. Should everyone else have to work around you?

I've suffered from the same condition, and although stress can make it worse, getting what you eat is the biggest thing. You are not disabled so you are not covered by any legislation in that way.

"Basically from what other staff have said, it's pretty much a given that people are taken on permanently by the actual company once the agency contract ends"

"Pretty much a given" based on hearsay isn't a contractual offer of employment, and they don't need an "excuse" not to offer you a permanent job.

If your condition is a disability and you have reason to believe that what you are asking would be a "reasonable adjustment", and also have reason to believe that the reason they don't offer you a permanent role is because of the disability, then you might have an argument.

Is your condition a disability?

Could you seek advice from your GP in terms of whether I t could be classed as a disability.

I'd have thought any condition that can cause you to vomit to that extent must surely have a significant effect on your quality of life, and therefore you need support in the workplace in terms of reasonable adjustments.

Even if not for this job, for any future role you want to do.

Thanks for the advice.
I spoke again with the manager and explained my reasoning behind not being able to do the shift and the extent of how bad it was before I put all the stuff in place (that works) to control it. He has now said he can understand where I am coming from and as I am flexible in every other way, he'll make sure it is put in my new contract that I will work no later than 8pm. He has spoken to the operations manager and she agreed to it as it was brought up at interview so all sorted, Just need to sign it now.

The condition is GORD (gastro oesophageal reflux disease). I have to eat at certain times (roughly a 2 hour window per meal), take daily medication, avoid certain food and drinks, sit up straight for at least 10 minutes after a meal and sometimes sleep sitting up to help control it.

That's pretty heavy going for GORD. presumably you're under secondary care, or considering surgery? If so I'd ask your consultant to put in writing that you need this routine, or to ask for a referral if only being seen in primary care. This is not something that people with GORD usually have to do.

I've had multiple endoscopies and they found it had a hiatus hernia, ulcerated oesophagus and something else I honestly don't remember the name of. They won't consider surgery as they don't know if it would help due to the hernia and what I'm doing now seems to be working ok so if it stops working or I get fed up of it then we can look into surgery. I've gotten used to the routine tbh and after a bad experience the thought of surgery terrifies me so I'd rather stick to what I'm doing now and see how it goes. I just don't want to risk anything messing it up. I ended up being diagnosed with depression when it was happening almost nightly and even considered not ever having kids due to how much I can't stand being sick. It's amazing going to bed and not worrying that I'll suddenly have a burning throat and projectile vomit across the room.

It had such a negative impact on me as I wouldn't go out for dinner or get takeaways or buy the more expensive food as I felt it was a waste of money cause it would just go in the sick bucket. I stopped going nights out and started sleeping downstairs on the armchair most nights so my partner could get a full nights sleep.

I thought it was normal for gord and I just had to deal with it so now something works for me to stop it happening I don't want to do a single thing to risk being I'll again.