Can anyone help with my response about reasonable adjustments

[WhatsReasonalbe]

Hi I am looking for some help with how I should respond to this.

I have a medically unexplained condition where I have episodes think along the lines of epilepsy / traumatic medical events.

After OH assessment it was stated that my sickness triggers should be adjusted as I need to take a few days off after each episode and it is expected that my sickness will be more frequent due to this. I have had 4 in the last 6 months resulting in 3-4 days sick on 2 of the most severe occasions. Previous to this I did not have an episode for 18 months.

in a meeting today my manager said that as my condition is unpredictable they can’t put in place the adjustment to the triggers.

I am trying to formulate a response but not sure if they are being reasonable or not. I feel like it is a common reasonable adjustment and my illness is long term and classed as a disability for employment purposes.

would be very grateful to hear opinions or knowledge about this thank you.

How are you supposed to have a predictable illness like that??

If its medically unexplained then I don't see how the disability act can apply (I could be wrong though). Do you have a diagnosis? I would ask the manager for a written response as to why they are not supportive of the guidance written in your OH report and then take it from there. Are you part of a union?

It’s long term condition and the OH report detailed it is classed as a disability for employment reasons. I have all the medical evidence and had to disclose to close colleagues as they had to be made aware of what to do if it happens when I am in the office.

my employer has not followed their own protocols re reasonable adjustments and have had no formal notice of this and no reviews as per their own policy. I was told verbally in a meeting today.

I am looking on the ACAS website and may seek some advice. I don’t want to do a grievance just want to get it sorted as easily as possible. My medical condition causes a lot of stress and anxiety and I have been diagnosed with PTSD due to it. I really don’t want unnecessary stress in addition.

I would ask for their response in writing along with a full explanation as to why they are not implementing the OH advice regarding the reasonable adjustments. Make it clear to your manager that you want it in writing as you intend to speak to HR/ take it higher up the food chain as you feel you are not been treated correctly based on their own policies.

Is there a charity for the illness? I have a chronic condition and the charity produces lots of literature including a “guide for employers” which explains how it affects people at work and their responsibilities.

Although if they aren’t even listening to their own OH report, it is unlikely they’ll listen to anyone else.

Eh? Is your manager a bit dim? The adjustment isn't that your time off is preplanned for. You will be off sick regardless of whether he's prepared for it or not. The adjustment is that your time off won't be held against you. Which isn't just a reasonable adjustment, it's the bloody law.

Thank you it’s very hard to take the emotions out of it and formulate a response.

The last episode my children saw me being blue lighted off to hospital. I emailed my boss the details he needed for the return to work and said that I find it hard to talk about and would rather not discuss it in person.

He asked me all the details again and I am embarrassed to say that I cried and got upset. I have not fed back to him about that yet but it’s all stacking up and I need to get the issues down and get their response. It’s causing me additional stress in an already stressful and traumatic situation.

I would say although the single incidents are not always predictable, you do know what the symptoms will be afterwards and so you'd like to put in place and agreement of how you and you work will adjust when you have one and what actions you both can follow in those cases.
If they refuse, ask for it in writing and for them to provide a reason why they can't agree. Then I'd speak to your union or ACAS.

My husband has a condition like this. Whilst there are reasonable adjustments and the legislation fundamentally what it comes down to is whether the business can support yiur absence. He worked for the govt - they got rid of him .

Dear [Manager's Name],

I am following up on our recent discussions concerning my medical condition and the need for reasonable adjustments described by the Occupational Health (OH) report and the Equality Act 2010. As you are aware, my condition has been recognised as a disability for employment purposes, and I believe that certain adjustments are necessary to ensure that I am not placed at a disadvantage in the workplace.

Under the Equality Act 2010, as an employer, you must make reasonable adjustments where a provision, criterion, or practice puts a disabled person at a substantial disadvantage compared to non-disabled persons. This includes adjustments to absence management triggers where these are likely to affect someone with a disability disproportionately.

The OH report has specifically recommended adjustments to my sickness triggers to accommodate the nature of my condition. These adjustments are essential because the unpredictable nature of my episodes means that I may require more frequent absences than someone without my condition. These episodes are not within my control and result in genuine medical need for time off work.

While I understand the challenges associated with the unpredictability of my condition, this does not negate the legal obligation to make reasonable adjustments. Adjustments can and should be tailored to individual circumstances, and in my case, adjusting the sickness triggers appears to be a reasonable and proportionate step. I want to reiterate that this adjustment is not to exempt me from absence management altogether but to ensure that my condition is fairly considered within the framework of the sickness policy.

I would also like to express concern that the reasonable adjustments have not been formally communicated or reviewed per the organisation's protocols. This lack of formal acknowledgement and the absence of a review process is causing me additional stress, which is compounded by the traumatic nature of my condition.

I would prefer to resolve this matter informally and avoid the need for a formal grievance process, which I believe aligns with both of our interests. Therefore, I am requesting a formal review of the reasonable adjustments needed for my condition, including the adjustment to the sickness triggers recommended by OH. I am confident that we can find a workable solution that complies with our legal obligations and allows me to continue contributing effectively to the team.

I would appreciate a written response to this request within [reasonable time frame, e.g., 7 days] to agree on the necessary adjustments and move forward. If you want to discuss this further, I am happy to arrange a meeting at a convenient time.

Thank you for your understanding and support.

Kind regards,

WhatsReasonalbe

thank you so much that’s so very helpful @Thenose .

It’s very hard when there is so much emotion and stress involved but that is just what I needed. I will update you as to what’s happening. Ironically we work as senior leaders providing services for people with disabilities so I am absolutely aghast at how my manager is handling this.