Reasonable adjustments- can an employer force them on you?

[rebelnotaslave]

I have a psychiatric condition, employer knows already have some adjustments, at my request. I requested, discussed, we trialed and was made permanent. This was a change to work in terms of a particular shift pattern.

I have been full time for two years, since I started job and although I have managed, I have been unwell recently and decided that I just cannot manage full time work long term (I also have tow small children). So I requested part time- 3 days for this reason. I was referred for an occupational health report to see what else could be done. I discussed 3 days with the doctor, he seemed to agree. This was accepted by the head of my department.

Now HR have seen the OH report, which although mentions my request for 3 days, ends with a recommendation that I work reduced hours over 5 days. This was never discussed in my OH meeting. I can't do this for financial reasons, and because of childcare means that I won't actually gain anything, in terms of time for me to rest and do positive things for my mental health (e.g. exercise).

My HoD is a bit bemused- he is happy to allow 3 days as it works for the department, but HR are banging on about it being against medical advice. Can they refuse my request because a doctor (who I never met- a different one writes the report) as recommended something I don't want? Can I accept with the acknowledgement that it is against medical advice?

Thats odd that a different OH doctor wrote the report, mine have always been written by the doctor who saw me.

Can you contact the OH doctor you did see and say what has happened? He/she might be able to sort it out, maybe there was a misunderstanding when the report was written?

Can you contact the OH doctor you saw? Send a brief email.

For future reference, I have always asked to see draft OH reports before they are sent to my employer as I have had colleagues receive reports with errors.

Hope you can get it sorted

I know I should have asked to see it first. It had been delayed so long I just wanted it done. It seems this OH company do it like this, where you see a local GP who sends their notes to someone else.

Fwiw it would be operationally better for my department if I did 3 days. 4 hours a day is going to be tricky.

I have parental leave, but it has to be taken in whole weeks and it is unpaid. I can't afford whole weeks of unpaid leave until they sort this out.

What I actually requested was a break from work, stressful environment (not the work itself) and hence me and doctor discussed 2 whole days off, preferably consecutively so I can have a break from work and do the things that help like running, and meditation. If I'm over 5 days I won't get to do any of that. I'll drop kids at school go to work, pick them up and come home.

I'm in a union and my employer is a trade union.

Oh crap, just realised I sorted childcare and before and after school club for the kids for Sept based on 3 days.

I'm an Occupational Health Advisor. It sounds like a really weird set up where a different person to the one you saw writes your report. This system has obviously caused some misunderstandings!

The OH report should not contain any recommendation that has not been discussed with you first. Also, OH is purely there for guidance only, so employers should be able to make their own decisions regarding your working pattern but it founds like HR are taking the belt and braces approach. It may be simpler and quicker for you in the long run to go back to OH and ask them to amend the report if HR are not going to be flexible. Good luck.

Thanks it is weird, and I only lying noticed the first time as I know the GP who did the appointment. Well he's a retired local GP. And I noticed the name was totally different on the report.

I will contact the OH company tomorrow. This has been arranged for weeks.

Tomorrow I would contact your union rep, HR and OH. Say it is causing you immense distress and you ask for everything to be kept as it has been whilst the matter is being looked into. If necessary say that you believe due to a different person writing up the OH report, you feel some incorrect information has been added that you are disputing. It could be (although unlikely) that the person who wrote the report has a template and changing hours/days is a typical adjustment (because it is quite a normal thing for OH to recommend) so they either haven't deleted it or just assumed it was suitable in your case.

Good luck.

OH say they are looking into it and HR say they raising it with OH. Will hopefully have more info on Monday. Doesn't help the childcare issue though.

Have you said you need to keep things as they are in the meantime? I think you have to say that and if it is all getting too much for you, ask your union rep to take up the discussion on your behalf.

Are you certain the suggestion of 5 days hasn't come from your manager? When I raise referrals for my staff there is a section for questions you want to ask so could well imagine your manager asking if reduced hours over 5 days would be beneficial.

No, I've seen the referral. It's just asks whether reduction in hours would be helpful and any other suggestions.

I don't think she would have agreed to 3 days, made all the preparations for it, worked out my new holiday allowance just for this to happen a few days before.

OH got back to me with an addendum letter for the report, stating that they had no medical objection to me doing 3 days and the original report was not supposed to be prescriptive.

Except that now the person at the top of HR is now on leave for 3 weeks and so can't formally ok my request. They are suggesting I do August on 3 days by using my annual leave. This seems pretty unfair to me, as none of this is my cock up.

I would ask for whoever is covering the person in HR to make a decision for the meantime to keep things as they were until the necessary person returns from leave. Put in a grievance if you have to.

Thanks. I'm glad I'm being reasonable in expecting that. It's ridiculous that a large organisation has to cease making HR decisions every time this person goes on holiday. They are the equivalent to a director.