Equality act | Mumsnet

user9301001 · 2023-05-23T18:46:48+00:00

If someone has an illness that is covered by the equality act and wants to work shorter days is this something that they would be entitled too even if it does not suit the business?

Cloudhopping · 23/05/2023 19:51

Hi OP, the short answer is no. The law states that an employer has to make 'reasonable' adjustments. If it's not 'reasonable' for the employer, they can refuse.,

FfeminyddCymraeg · 23/05/2023 19:51

Entitled to do if it didn’t suit the business? No.

You’re entitled to ask but they are allowed to say no if it simply isn’t possible. They should explore ways in which to make accommodations for a disability but the law recognises they have a business to run and if it’s genuinely not possible then it can lead to your dismissal (after a process, obviously).

Hollyhocksarenotmessy · 23/05/2023 19:54

No, I'm afraid not. There's no entitlement to anything if you have a disability. Employers have to make reasonable adjustments, and reasonable means what is reasonable to expect the employer to do. Worth exploring the reasons why it's a no.

12roundsofwhitelowfatspread · 23/05/2023 19:57

The person is entitled to request adjustments, and the employer must consider them. The employer should agree to reasonable adjustments - the employer does not have to agree to all requests, particularly if it would have a disproportionate cost (although Access to Work grants could possibly help here), or if it would disadvantage other people, make it impossible to provide a service safely, or if the size/scale of the company means it would be genuinely difficult to do the adjustment. The gov.uk website sets this out, as does ACAS.

To use your example of shorter days

how would that unworked time be covered by other people?
is an essential service being delivered that has to be provided at that time?
is there a safety reason that people must not work alone and the shorter day would mean a colleague was alone at the end of the day?

These are all things where some companies would be able to find a solution, especially in a bigger employer who might have plenty of flexible working patterns and more staff willing to cover. But some small employers might struggle, and so for them, the adjustment might not be “reasonable” so they would not then have to agree to it.

Original poster

user9301001 · 23/05/2023 20:06

12roundsofwhitelowfatspread · 23/05/2023 19:57

The person is entitled to request adjustments, and the employer must consider them. The employer should agree to reasonable adjustments - the employer does not have to agree to all requests, particularly if it would have a disproportionate cost (although Access to Work grants could possibly help here), or if it would disadvantage other people, make it impossible to provide a service safely, or if the size/scale of the company means it would be genuinely difficult to do the adjustment. The gov.uk website sets this out, as does ACAS.

To use your example of shorter days

how would that unworked time be covered by other people?
is an essential service being delivered that has to be provided at that time?
is there a safety reason that people must not work alone and the shorter day would mean a colleague was alone at the end of the day?

These are all things where some companies would be able to find a solution, especially in a bigger employer who might have plenty of flexible working patterns and more staff willing to cover. But some small employers might struggle, and so for them, the adjustment might not be “reasonable” so they would not then have to agree to it.

I currently work 15 hours over 3 days but my manager wants to change my shift pattern to 15 hours over 2 days. At the moment I don't work Saturdays as only two people work and my working pattern would not work as I would be finishing early or starting later meaning one person would be on their own.
The manager wants everyone to work Saturdays to make it fairer.
I work for a large company and people have worked shorter shifts before (students, parents). I am the only one in the department at the moment doing shorter days.

OP posts:

ErmentrudeTheCow · 23/05/2023 20:40

I take it the shorter days are in order to manage a long term health condition effectively? This is a common adjustment and one we frequently recommend. You may well struggle doing the hours over 2 days.

As PPs have said you are entitled to request a reasonable adjustment but it does not have to be granted.
In your situation I would recommend you gather evidence from HCP involved in your care on how working 2 full days will affect your health. I would ask for referral to Occupational health too. If your employer fully understands the implications for your health they may be able to look again at your shift patterns

Original poster

user9301001 · 23/05/2023 21:16

ErmentrudeTheCow · 23/05/2023 20:40

I take it the shorter days are in order to manage a long term health condition effectively? This is a common adjustment and one we frequently recommend. You may well struggle doing the hours over 2 days.

As PPs have said you are entitled to request a reasonable adjustment but it does not have to be granted.
In your situation I would recommend you gather evidence from HCP involved in your care on how working 2 full days will affect your health. I would ask for referral to Occupational health too. If your employer fully understands the implications for your health they may be able to look again at your shift patterns

@ErmentrudeTheCow
Yes I have a long term health condition (cancer) I have been referred to OH before and it was agreed I would perform better working shorter days as I get tired quickly but a new manager has come in and wants to change everything.
I have an appointment with my consultant on Friday so will speak to him.
Thank you

OP posts:

swanling · 23/05/2023 22:25

Does your new manager know about the previous OH recommendation?

OhTinyBear · 23/05/2023 22:33

Hi OP, this link might be useful
https://www.equalityhumanrights.com/en/multipage-guide/reasonable-adjustments-practice you have to click through the pages to read all the guidance but it’s pretty straightforward.

here’s a version of the guidance intended to explain it to employees https://www.equalityhumanrights.com/en/multipage-guide/employment-workplace-adjustments

And here’s a version of the guidance aimed at employers, so you can see what they should do https://www.equalityhumanrights.com/en/multipage-guide/employing-people-workplace-adjustments

Having had cancer legally “qualifies” you as disabled for the rest of your life, for the purposes of the Equality Act. Your employer, as a large organisation, has to do a lot more to help you than if they were only a small business, because what is considered “reasonable” depends on the resources available to the organisation as a whole.

Your manager sounds like they’re in need of some training on the Equality Act and how to support disabled workers. In your shoes, I would ask for a new referral to Occupational Health so an occupational health specialist can make recommendations. Good luck OP, and I hope the treatment is going okay.

Reasonable adjustments in practice | Equality and Human Rights Commission

Providing auxiliary aids and auxiliary services for disabled employees - such as a reader, a sign language interpreter or a support worker

https://www.equalityhumanrights.com/en/multipage-guide/reasonable-adjustments-practice

Original poster

user9301001 · 24/05/2023 20:30

swanling · 23/05/2023 22:25

Does your new manager know about the previous OH recommendation?

@swanling OH recommended a phased return to work (this was done 6 months before I returned to work) which I did I then spoke to my manager at the time about how I was struggling with working longer days and agreed with him that I could work shorter days.

OP posts: