Reasonable adjustments question

[user8700980]

I was diagnosed with cancer Jan 2020 and returned to work Jan 2021, as part of my reasonable adjustments I reduced my contracted hours down and requested to work mornings as I suffer with fatigue in the afternoon. This was agreed with my manager.
A new manager has now started and she has changed my shifts to afternoons due to another member having childcare issues. I explained that I still need the adjustments as I still suffer from fatigue but she told me she needs me to work afternoon shifts now.
Can anyone offer any advice on how to deal with this situation?

Does your work have an HR department/occupational health department? It may be that your manager is under the belief that you can’t work whole days but if you don’t work mornings then you won’t be to tired to work in the afternoon. Would you be fatigued in the afternoon if you rested in the mornings, like I presume you are currently resting in the afternoons? If there is a medical reason why the fatigue hits in the afternoon, I would speak to HR or your line manager if you don’t have an HR department about an occupational health referral. They would then provide their assessment on what hours are possible/not possible. Alternatively a letter from your GP may help.

How formal was your change of hours? Are they documented as a permanent change to mornings only?
Are you a member of a union?
If not, often houses insurance covers some legal support or ACAS/Citizen’s advice bureau may be able to comment/support you.

@Arucanafeather

How formal was your change of hours? Are they documented as a permanent change to mornings only? Are you a member of a union? If not, often houses insurance covers some legal support or ACAS/Citizen’s advice bureau may be able to comment/support you.

It was discussed during my return to work with my manager about working shorter days and morning due to fatigue. I explained to my manager that I get fatigued in the afternoon due to my medication. I don't know how it would effect me working afternoons if I had mornings off I guess I won't know until I try. Just feeling anxious about it.

Do you have the change of Hours from your original contracted hours in writing? I’m not sure that child care issues should trump reduced hours for medical reasons. Do you think they working mornings is perceived as a “better” shift to have and they think that’s why you want mornings and, may be, why the other person who has cited childcare issues wants mornings. Personally if your company is large enough to have an HR department I would be asking for their assistance.

Removing reasonable adjustments would be discrimination but you'd need evidence they were agreed - letter, email, even text?

If they weren't formally agreed, then you should speak to HR to request them. Cancer is automatically a disability, and even if you are recovered, you can still be covered.

Are you in a union? Join one if not.

@heelforheelandtoefortoe

Removing reasonable adjustments would be discrimination but you'd need evidence they were agreed - letter, email, even text?

If they weren't formally agreed, then you should speak to HR to request them. Cancer is automatically a disability, and even if you are recovered, you can still be covered.

Are you in a union? Join one if not.

This is simplistic and untrue. Yes, cancer is automatically a disability, and you are covered for that so long as you are affected by the treatment (which can be lifelong), or are receiving treatment - even if that's just taking a pill every day. However, an employer is under a duty to provide reasonable adjustments. What is reasonable depends and will vary, not just with your situation but also the employers. It may be that it was reasonable for you to work just mornings, but because of other changes in the workplace that is no longer a reasonable adjustment, even if your own situation has not changed. Removing reasonable adjustments which were agreed it not necessarily discriminatory, as situations change. Also, if you did have a formal change of working and new contract (which I assume is not the case), then reasonable adjustments doesn't come into it. Your contract is what matters then. I would certainly recommend you go above your manager to their manager/HR and process this more formally. The main difficulty as I see it is that you do not know how you will manage, rather than knowing that it will be a problem. It is very unusual for someone to still be so fatigued more than a year after completing cancer treatment, as your body will by then have usually recovered from chemo and whatever else has been done to it. Certainly though you need to raise it formally, go above your new manager, and do it asap.