Reasonable adjustments

[TharBeDragons]

NC for this post. In the past year I have had two recurrences of a serious and life threatening infection. I returned to work, where I work from home and only attend if there's something that can't be done virtually.

I had an OH assessment at the weekend for 15 minutes. The report came back endorsing continuing to work from home would be a reasonable adjustment, as I need to carry out a sterile procedure every day. However it says if this is not made, I'll be unfit for work.

My line manager knows about this and my other disabilities but pushes relentlessly to get me to sit in the office. My condition means getting up early to commute would mean I'd last an hour at work before needing to rest. The line manager has also privately expressed views that are sceptical of OH and actively sabotaged reasonable adjustments. They have also dismissed a few disabled colleagues but their performance was the issue.

Am I worrying over nothing here or should I be concerned about dismissal? The OH report confirms I have a serious disabling impairment within the terms of the Equality Act.

If you are performing well in carrying out all the tasks of your role and not relying on colleagues to cover tasks that should be the responsibility of the postholder of your position but which you can't do then you can't be legally dismissed. They may still get rid of you but it will be illegal and you'll get a decent payout. Are you a union member? If not, join now. Keep records of everything you do and evidence of the tasks being done well so that they can't allege poor performance.

...you can't be legally dismissed...

Anyone can be legally dismissed. Reasonable adjustments are exactly that - reasonable to the employer - and if they can't be sustained then dismissal may be legal. Redundancy? That's legal. Performance is only one a many reasons for lawful dismissal. Having a disability is no protection against dismissal.

You need to focus on the Reasonable Adjustment aspect of the report. However just because it has been advised it does not necessarily mean that the adjustment should be provided - it’s about the reasonable-ness.

What support has been offered to you bearing in mind that commuting to a place of work is reasonable? I note that you need a rest period after your commute - it would not be unreasonable for an employer to provide this.

in addition they should be able to ensure you have a sterile environment to undertake the procedure when you are in.

employers do not need to accept recommendations in an OH report and it will ultimately be up to them working with you to work out what would be reasonable, for example two days in and 3 days home or similar.

OP I work in HR - how long have you been employed there? In your OH report did it specifically say you're covered under the EA?

Why is your manager pushing you back to the office?