Reasonable adjustments

[user842091]

Hi after some advice.
I recently returned to work after long term sickness. I did a phased return for 6 weeks. After my illness I lost a lot of my confidence and I also get tired very quickly.
In the job that I do on a Saturday and Sunday we only have one member of staff in. During my phased return my manager was fine about me not working these days, but now has informed me I have to work them. I feel really anxious about this as I'm worried I might get tired and won't have anyone to help me out if I do suddenly experience a wave of tiredness.
My manager has told me that my colleagues are getting annoyed that I am not working these days so I will need to start working them. I have no problem working them if a colleague was working too but not sure I can manage on my own.
I don't know what to do and its making me stressed :(

What recognised disability do you have?

Have you discussed the reasonable adjustments your disability requires during your phases return?

I have cancer.
I explained to my manager during the phased return that I experience sudden waves of tiredness and he was great about it during the 6 week phased return but says I have to do the weekends now.

I would go through HR if there is one.

They need to risk assess you working a weekend day so your concerns are covered. Do you mean you would be working alone or with one other member of staff? Is it just working either Saturday or Sunday in lieu of another day?

@LIZS

They need to risk assess you working a weekend day so your concerns are covered. Do you mean you would be working alone or with one other member of staff? Is it just working either Saturday or Sunday in lieu of another day?

I would be working alone. Yes working these day in lieu of another.

If you have cancer are you well enough to fulfil all of your duties? A 6 week phased return should be sufficient to determine that but I think the company probably needs to refer you for an oh assessment or seek a report from your Dr or Consultant.

It may be reasonable to ask you to work 1/2 days at weekends. It is not reasonable to tell you you need to return because colleagues are fed up with working at weekends and that is discrimination. However, if you can't do all of your job after a 6 week phased return it may be reasonable to suggest you reduce your hours so additional weekend cover can be hired to cover what you cannot do.

It sounds strange but have you made sure you’ve used all the right “buzzwords” to make clear to your manager that you’re requesting Reasonable Adjustments for your Disability under the Equality Act? Make clear that your Cancer is an ongoing disability recognised by law, and this isn’t “just” a case of easing you back into work after a period of illness - your description of a “phased return” jumped out at me as that may imply that you’d be looking to eventually to get “back to normal”. - you need to make 100% crystal clear that you need ongoing Adjustments.

Sorry you’re having to go through this but some employers are shockingly unaware of their legal obligations and they may need the law shown to them to understand their responsibility.

They can refuse reasonable adjustments but in my mind they need a bloody better reason than “other employees are moaning”.

Can you ask your GP to certify that you can’t work alone on a Fit Note? They can recommend a phased return on them and then you can show it to your manager.

Some more resources that may help your manager understand:

www.cancerresearchuk.org/about-cancer/coping/practically/the-disability-discrimination-act-equality-act-and-cancer

www.citizensadvice.org.uk/work/discrimination-at-work/taking-action/asking-your-employer-for-changes-to-help-if-youre-disabled/

@Dyrne

It sounds strange but have you made sure you’ve used all the right “buzzwords” to make clear to your manager that you’re requesting Reasonable Adjustments for your Disability under the Equality Act? Make clear that your Cancer is an ongoing disability recognised by law, and this isn’t “just” a case of easing you back into work after a period of illness - your description of a “phased return” jumped out at me as that may imply that you’d be looking to eventually to get “back to normal”. - you need to make 100% crystal clear that you need ongoing Adjustments.

Sorry you’re having to go through this but some employers are shockingly unaware of their legal obligations and they may need the law shown to them to understand their responsibility.

They can refuse reasonable adjustments but in my mind they need a bloody better reason than “other employees are moaning”.

@Dyrne thank you for the advice :) I will have a chat with my manager and explain that I need ongoing adjustments. I think that maybe I haven't been clear with him about how much the tiredness is affecting me.

No problem, hopefully having another chat with your manager can get them to see how they need to be continually supporting you.

Another tip - don’t just talk about your “tiredness” - make it clear that part of your Disability causes fatigue in certain situations, and they can make adjustments by doing X Y Z (e.g. not having you Rota’d on alone).

Is there a Lone Working policy you can refer to?

What are the effect of this tiredness in your work? Have you shown evidence of it and having to ask a staff for support during the 6 weeks of returning to work working during the week days?

@dontdisturbmenow

What are the effect of this tiredness in your work? Have you shown evidence of it and having to ask a staff for support during the 6 weeks of returning to work working during the week days?

I haven't worked afternoons during my phased return so no-one has seen the tiredness. I have worked 5 half days instead of 3 full days, but if I work a weekend I would need to work a full day as I would be the only member of staff.

If your fatigue is as a consequence of treatment you had, do be sure to highlight that. It can take many months to regain strength after medication and chemo etc.

They can refuse reasonable adjustments but in my mind they need a bloody better reason than “other employees are moaning”

This is very true. Your manager shouldn't be so spineless using their staff as some weasly "It's not me, it's other people whinging" excuse. Hmmm, not convincing!

@daisychain01

If your fatigue is as a consequence of treatment you had, do be sure to highlight that. It can take many months to regain strength after medication and chemo etc.

They can refuse reasonable adjustments but in my mind they need a bloody better reason than “other employees are moaning”

This is very true. Your manager shouldn't be so spineless using their staff as some weasly "It's not me, it's other people whinging" excuse. Hmmm, not convincing!

The fatigue will probably be ongoing as its caused by the medication I am taking, which I will need to take for the rest of my life but hopefully my body will adjust and the fatigue will get a bit better. My manager is spineless think thats what has upset me the most. He made it feel personal as if I'm not pulling my weight and not been a team player by not working weekends. I don't feel like I'm taking the mick with my illness, I feel that I am doing my job just as good as before my illness as working mornings and shorter days is when I can give my best. To tell me that I'm not been a team player because I am unable to work alone on a weekend feels so unfair :(

So it not the working weekends, it's the working a full day that's the issue?
Then explain this. With, as per PP's advice, reference to the cancer, Disability / Equality Act.

Maybe you can share the weekend days someone else?

@TheSpottedZebra

So it not the working weekends, it's the working a full day that's the issue? Then explain this. With, as per PP's advice, reference to the cancer, Disability / Equality Act.

Maybe you can share the weekend days someone else?

I did suggest sharing a weekend day with another member of staff but he told me that no other staff are willing to work a half day they only want to work full days.

Be strong OP - it is your employer’s responsibility to avoid discrimination by ensuring their employees with a Disability are given suitable adjustments to enable them to work. It is not your fault that you have cancer, it’s not like you asked to get it so you could get out of working weekends!!

The act is very clear that changes to Rotas/working times are a standard adjustment that can be investigated to accommodate employees with disabilities.

Be firm with your manager, put everything in writing - if you have a conversation with them then follow up with an email “jus to confirm the contents of our conversation today - blah blah blah”.

Spineless managers make me so angry - if you don’t want to deal with this sort of thing then don’t become a bloody manager!!!

Part of making reasonable adjustments for staff is also about managing other employees effectively to prevent issues with "resentment" due to the disabled employee working a bit differently.

So he's failing you twice over.

I'm sorry you're having to deal with this shit on top of the cancer and treatment.

Have you had any advice / support from Macmillan? www.macmillan.org.uk/cancer-information-and-support/impacts-of-cancer/work-and-cancer/reasonable-adjustments

Spineless managers make me so angry - if you don’t want to deal with this sort of thing then don’t become a bloody manager!!!

Completely agree.