Applied for flexible working

[whatnow41]

I'll try to keep this short. I have a long term disability and been with my employer 8 months. Their policy allows anyone to apply for flexible working after 3 months. Its a contract with 7 days a week shift patterns. They keep changing the shift rotation pattern so I will end up doing 1 full cycle of 8, then 12 weeks and now another 8 week rotation. I can't adapt to the shifts and it's causing me significant health problems/impact in daily life.

I've now put in a flex working request, as the shift pattern changed again last week, and is due to change again in 5 weeks, I just don't feel like I'll ever get a chance to even know if my body can adapt, as there is no regular routine I can try to maintain.

I've not had a FWR meeting, just completed the form. It's not been formally acknowledged as being received. My boss has moved me sideways to take on different responsibilities but it is the same job, no change to contract or pay. This move fixes my shift pattern issues. But it is still the same contract, with no formal agreement to vary it and they can ask me to work the full shifts again at any time.

What should I do? Is it best to leave it while everything is OK and only tackle this if it becomes a problem again? As a disabled employee, I'm already vulnerable and don't want to make myself a target unnecessarily when my issue is 'fixed' for now.

Should I be requesting this as FWR or for it to be confirmed the changes are actually reasonable adjustments due to disability? Can I simply assume the change is RA and dispute it then if they try to take it away from me? TIA

Maybe pause it a while to prove it works then get it contracted when it isn't contentious.

Can I simply assume the change is RA and dispute it then if they try to take it away from me?

I would never advise assuming anything related to a disability. You have rights in law as a disabled person and unless you agree the arrangements and formalise them with your employer, they will always see it as an opportunity to change them on a whim.

Your previous shift patterns sounded unworkable even for someone without a disability. If the changed pattern is more regular and you think it's likely to be something you can work with, I'd give it 2 weeks and then formalise it as a Reasonable Adjustment so they will think twice before they try to change it. You need certainty.

then formalise it as a Reasonable Adjustment request / proposal which makes it clear how that pattern of work supports and assists you to do your job effectively, while having to live with your disability. It's crucial you make it clear in what ways it benefits you as this becomes your case for the Reasonable Adjustment.

You will have already set the precedent with the 2-3 weeks when you can go all-out to prove how well it works for both you and your employer.

@daisychain01 thank you very much I will do that. I simply don't trust them to play fair on this one.