New manager ignoring reasonable adjustments

[user1890776]

Two years ago when I returned to work after a cancer diagnosis I requested reasonable adjustments of working part time hours. I requested to work 4 mornings a week (16 hours).
Since then a new manager has started and I explained my working pattern, he has told me he wants me to work 2 full day (8 hours per day). I explained that due to fatigue I would struggle with those hours but he is insisting that my hours need to be changed.
He explained that I am needed for full days now, its not fair on the team that I leave early (they have obviously been complaining).
I know I wont manage full days, can anyone advise on how to deal with this please?

What's your contract? Has that changed and have you been working the new hours for the 2 years? I'd be straight on to the union

@Sweetmotherofallthatisholyabov

Contract is just for the hours so 16 hours per week. The contract states must be available to work hours required by the business needs. I'm not in a union.

Yes I have been working the mornings for the past 2 years.

What about suggesting working x4 afternoons?

Talk to his manager and join a union

Do you have a HR department? What do you have in writing to confirm the hours you’ve been working the past two years?

nothing confirmed in writing and no HR department.

Was a phased return agreed or a change to your permanent schedule?

I had a phased return of 6 weeks and after that I knew I couldn't return to my old hours so spoke to my manager about working the mornings as I struggle with fatigue in the afternoon.

Do you have an occupational health department? Hindsight is a wonderful thing, its a pity that you had nothing documented at the time. It may not be what you want to hear but I think the easiest way to deal with this would be to go back to your doctor or consultant and go the medical health route to confirm that you still need the adjustment.

No OH department. I know Im so annoyed with myself for not getting something in writing.

Yes would this help?

Write to your manager explaining that cancer is automatically classed as a disability under the EA2010. Explain that your working pattern is a reasonable adjustment under the EA 2010 and whilst you can look at changing the time of day (only offer this if you can definitely work the hours) you work you can only work 4 hours each day. Offer to be referred to Occupational Health to confirm that you are disabled and that your working hours are a reasonable adjustment.
Note: Most employers have an external OH provider.

Keep a record of all communications with your manager. If he continues to insist then lodge a grievance for disability discrimination.

I sympathise but even with a disability etc employers can go down the OH route and pay you off under business needs

I work for massive company with union/proper HR and we’ve done it loads if the person is no longer fit for the job.

Just because someone has a disability doesn’t mean that workplaces have to suffer to keep them on. There are processes in place to manage people out on basis of being unfit/incapable for the job.

if the job can no longer be done mornings only then they can give 3 months notice to change a contract and if person doesn’t agree pay them redundancy

Reasonable adjustments are just that. The business has to consider your requested adjustments, they don’t have to grant them if they feel they’re unreasonable. Which is obviously the case. They can say sorry we’re not able to accommodate this, and pay you off.

You’re not correct here. OP CAN do the job, and has been doing so for 2 years. So there’s no grounds for dismissal.

OP, have a read of this - it’s very useful!
workingfamilies.org.uk/articles/the-law-when-an-employer-asks-you-to-change-your-hours/

She’s been working mornings only for 2 years. She’s not requesting any adjustments, her employer is trying to force adjustments on her.

Reasonable adjustments are very subjective.

If the adjustments are not reasonable for the business then they can say no.

If the business needs mean they need you in two full days and there is nothing in your contract to state otherwise then te business are within their rights to state that you must work the two full days.

I have a disability and have had job and interview offfers withdrawn because the companies have either been unable to or refused to bring in reasonable adjustments. Even though both companies claimed to be disability confident employers.

The term is meaningless.

The employer is allowed to say that those hours are no longer suitable for the business and put a stop to them. Doesn’t matter how long you’ve been doing them for.

She’s been working mornings only for 2 years. She’s not requesting any adjustments, her employer is trying to force adjustments on her. the problem is that the hours she works aren’t listed in her contract, and so the business can dictate the hours.

The same as an employee who starts at a company which doesn’t work weekends can demand their employees work weekends if 9-5, mon-fri isn’t specifically listed in their contracted hours.

The employee has two options. If the employer won’t agree to stick with the original hours they either work the dictated hours, or look for another job.

Hi OP
There is some pretty uninformed advice on here. You need professional advice from either a lawyer or very top tier HR professional.
Here is my understanding- if you’ve been doing the pattern for some time (I think a year or two, I can’t quite remember) there is an implied contractual change.
Is there HR? If so, email them and ask to be referred to OH before you agree to anything.

Getting rid of someone for changing their reasonable adjustments due to a disability would need to be done careful and honestly it’s not something I would sign off without going down OH and various other routes including pretty strong legal advice.

If you've been working the mornings for a significant time as a reasonable adjustment this becomes custom and practice and in effect is your contract, regardless of what the contract actually states. Any reasonable layman person would look at the circumstances and see that (that's the usual test for a tribunal - is it reasonable for the new manager/ business to see your hours as a reasonable fixed adjustment - yes).

Without HR I'd go to your GP/ consultant and he them to confirm in writing that the hours you've been working should be retained going forward as a reasonable adjustment. Under the equality act they will need to do this if they can, the fact you've been doing so for so long shows they can. If the business needs have changed they'll have to go through a formal capability procedure with you.

Hope that helps!

After two years i should think there would need to be a better reason to change your working pattern than "your colleagues are jealous". I would ask to be referred to occupational health. They can look objectively at what adjustments you need and you'd then need to be very clear with them that you couldn't work 8 hrs per day because of your disability. Also seek advice from acas. There's a charity called disability rights uk who might be able to help as well.

Get your doctor to write a letter, and send it in with a cover letter explaining that this is a reasonable adjustment following cancer (because cancer is automatically a disabling condition).

Then if they ignore, ring Acas.

I would contact ACAS to see what advice they give. I don't work due to having a medical condition that causes chronic fatigue. Afternoons are hell for me so I just volunteer some mornings a week but can't guarantee that even for mornings I would feel up to it. It is frustrating and upsetting when your body feels like it is out of your control.

I am sorry that you had cancer and now a new manager is trying to change your working hours. What has changed business wise that means he needs full days? Speak to ACAS today.

Hi op, I think you need to get some independent advice. I think many people aren’t quite sure and some are talking at cross purposes.

I think most people are assuming you still have cancer. I didn’t think it was that clear from the op. Obviously if you do still have it, then an ongoing reasonable adjustment that enables you to work, seems only fair.

However, a reasonable adjustment may not always remain reasonable. Business needs change. Even the 2 year rue doesn’t mean they have to give those shifts forever and can not move to change them. Change of hours contracts is not that unusual. Especially as business has changed so much due to the pandemic. So please seek some advice, where you can give the details and get some advice.

Unfortunately a simple confirmation that you are disabled doesn’t mean they can’t do this.

Good luck.