Flexible working request issues

[BasalGanglia]

Apologies for the length of this post, I just need to get this off my chest as it's stressing me out.

I returned to work full time in April following 10 months off for a cardiac arrest which has caused a hypoxic brain injury and fatigue.

In June I put forward a formal flexible working request asking to drop from 37.5 hours over 5 days to 30 hours over 4 days as a reasonable request to help with my fatigue.

This was declined in July; however, my line manager did suggest that I could build up flexi time to take a day off (the usual amount allowed is 2 hours at a time). It was also suggested that I could consolidate my hours to work full time over 4. I have all this in writing as part of my letter declining their decision.

The Head of Dept (my line manager’s manager) apologised that I couldn’t have the hours I wanted and asked if I’d taken up any of the suggestions put forward by my line manager. I said no and I think doing a ten-hour day to consolidate my hours over 4 days would be too much and make my fatigue worse.

I then went away and started looking into working a 9-day fortnight whereby you work approx. 50 mins extra per day to get the 10th day off. This would be utilising the suggested compressed hours and building up flexi to take a day off.

I suggested this to my line manager, and she seemed positive. I gave her an example of what the hours would look like, and she said she’d speak to the Head of Dept.

A few days later my line manager said she’d spoken to the Head of Dept who said that she would have to speak to HER bosses and get back to me.

I feel like this is leading to another rejection because I highly doubt that the Head of Dept (an NHS 8b manager responsible for 60+ staff) doesn’t have the final say on something like this. I think that’s an excuse and provides someone faceless for me to blame.

I’ve spoken to my union but had no response.

Out of interest what reason did they give for turning down your 4 day week request? You probably already know this but just making sure they turned you down on one of the 8 legal reasons and didn't just make something up! Re the policy, I've just gone through this with the civil service and managed to find the policy, my request did get considered by a manager 3 above my manager, don't know how that compares with the NHS structure. Fingers crossed for your request OP

Have you been assessed by occupational health. Surely this would fall under the realm of a reasonable adjustment to enable you to work following your serious illness. Seems heartless and unreasonable to refuse what seems to be a perfectly reasonable request to drop 7.5 hours a week.

Was this done through Occ Health on the grounds of a reasonable adjustment required on the grounds of health/disability? This should not have been treated the same as a standard flexible working request.
They should have told you the reasons why this adjustment could not be made, then looked into redeployment. Have they done any of this?

If you are really struggling I would be tempted to go off sick, go back to occupational health for a re-assessment of your current needs and get them to put in writing what your requirements are. If your dept can't meet this then the NHS should put you on the redeployment list.

Are you getting any support from a community rehabilitation team or a occupational therapist?
Someone in my family is in a similar situation and we have great support from the community rehabilitation team who wrote a letter to support our request and threatened a discrimination case if reasonable adaptations and requests weren't made to support them.

I'd have thought this was within the realms of a reasonable adjustment taking into account what must be regarded as a disability under the EA 2010. In those circumstances I would expect the reasons for refusal to be flexed.

Has OH made any assessment and/or recommendations? What's your length of service? What's your absence record prior to this? Are there grounds for I'll health early retirement?

I wish you well.

Thanks for your quick responses, I'll try and address them all here:

The main reason they gave was that there was too much work to distribute among the other staff. I do get that, we're a busy department.

Occupational health have recommended that I drop hours but the department has the final say.

I had a vocational occupational therapist as part of my community rehab. She wrote a letter of support but obviously that didn't work.

I don't want to get medically retired as I'm only 38. The cardiac arrest was due to internal bleeding due a ruptured uterus so there's nothing actually wrong with my heart.

It feels like there's a hurdle at every point and that they want me out.

If the result of your brain injury and cardiac arrest are causing you long term health issues, such as chronic fatigue, then they qualify as a disability. Which is why OH agreed with the reasonable adjustment you suggested.

Frankly you need to put your health first. I would seek legal advice (ACAS/Citizen Advice Bureau).

I’d go back to OH and push them to be more helpful

Even if I can't drop my hours I think the 9 day fortnight would be worth a trial. I've shown that I'm willing to compromise, so if they can't meet me halfway I'll have to consider leaving.

Bless you. You shouldn't have to leave your job. I would be taking advice from your union rep / acas as your employer is under an obligation to make reasonable adjustments in respect of employees with disabilities.

I'm not sure longer days is a good way to manage fatigue, even if you do get a day off?

If you try to get a 9 day fortnight, I would request a midweek day off as management would probably have less issues covering those days than a Mon or Fri ( if part time staffing is anything like my dept) and you would have a better change of getting it

I think you have made a mistake applying for flexible working abd shoumd instead have asked the organisation to make reasonable adjustments to accommodate yoyr disability. I would go back to them now and say I've made an error abd this (reasonable adnustments) is what I am requesting ... a reduction in hours to 30 per week over 4 days.

Ahhh the good old NHS so caring towards their staff. This is disgusting behaviour. I'm so sorry you're having to deal with this when you've already been through a traumatic event. Is there anyway you can look to moving to another role?

How does the hypoxic brain injury affect you…is it considered a disability? If it is, this may be leverage to get your request through or effect a move to a department that can accommodate a four day week.

Alternatively, would the department be amenable to you going more PT and doing a job share?

Or how about working five short days? Having had fatigue from long term illness I would say this is probably even more valuable than a day off as you can manage your energy levels daily. If you finished 1.5 hours early every day that gives you 7.5 hours back over the week and is a lot easier on work redistribution and cover for the wider team.

The issue with getting this on disability grounds now may be that you are actually back at work and they see that you are doing the job. It's always easier to get this implemented before you return from sick leave.
In the NHS OH should make recommendations which the dept implements, if they can't for operational reasons they put you forward for redeployment.
I currently work with someone who was redeployed from the wards into a less physical job following an injury.

Honestly OP, look after yourself. If it's really affecting your health go off sick and go back to OH

I am considered to have a disability - even then occupational health have said its management decision.

I'm a band 6 in a niche office based role and another effect of the brain injury is speech difficulties so it would be difficult to redeploy me.

My fatigue tends to be cumulative, getting worse further on in the week, so in theory I could work longer hours at the start of the week.

You're being a bit too kind to your employers in your OP. Although I agree you should have made the request on Reasonable Adjustment grounds - did you definitely not do this? If not the starting point will be starting again with the original request but on these grounds.
The argument about distribution of work is fair in a small, possibly medium sized company, it's not so reasonable when the employer is an NHS trust (or whatever they call themselves these days).
They will have a hard time arguing that on one hand claim you're so valuable you have to work 5 days a week, then on the other say your impairment is so disabling that they cannot possibly redeploy you anywhere else (again, size of the organisation is significant here).
Ultimately if you're forced out of the job you'd be well advised to seek legal advice about a disability discrimination claim.

Is the problem with you dropping to a 4 day week that the department would lose that day as part of cost savings?

So you'd be working a 4 day week but the team would have lost the 5th day from their budget and still have to redistribute the 5th day's work among remaining staff or struggle to manage it?

Ahh, the nhs! Full of caring people! I can’t offer any advice but really hope you get this sorted. The cynic in me feels that if you didn’t work in the nhs this would have been accommodated

@BasalGanglia As a pp said this is not a standard flexible working request it is a reasonable adjustment.

Do you want to work 30 hours over 4 days? If so, send an email to manager copied into HR. Title it “Reasonable Adjustment”, set out that your GP and OH have confirmed you need to reduce your hours/days to help you manage your disability. State you have tried full time and it is having a negative impact. That reducing to 4 x 7.5 days is in line with medical professionals advice and what you need as a reasonable adjustment.

Attach a link to the NHS’s own guidance www.nhsemployers.org/publications/making-workplace-adjustments-support-disabled-staff

I would also ask my GP for a fit note stating 4 days and reduced hours. I agree with a pp suggesting your NWD is a Wednesday has benefits for you as you only work 2 days in a row. Wednesdays are less likely to impact the business.

The downside is most BH fall on a Monday or Friday so you will find your leave is adjusted to be fair.

If they reject this, then do the same but a 9-day fortnight. If you are in a Union ask them to support you.

Be very clear this is a reasonable adjustment not flexible working.

It's worth remembering that reasonable adjustments are usually recommended on the basis that they can be supported operationally. If you reduce your hours and ha e a corresponding ding reduction pay, I can't see why this cannot be supported. Sometimes it's easier to support a reduction to 28 hours or 24.5 hours 0.6 and 0.5 respectively because it's easier to recruit the replacement. OTH they presumably managed when yiu were off so they would be better with less of you than none of you.

In extremis, don't discount I'll health early retirement because it feels so final. If you are well enough for work again in 2, 3, 4 years, it will minimise the impact on yiur pension. Take some good pensions advice.

I've just gone back through my emails and management have said that my request needed to be done formally through the flexible working process.

To answer an earlier question, I have 15 years service, 3 years at this particular Trust.

There's other things that have happened since I returned including:

Suggesting a demotion to a role where I don't have to speak (within my 4 week phased return)

Accidentally sending a letter with my medical information to another staff member and the Head of Department defending them and not apologising to me

Not informing me about a promotion opportunity while I was off sick.

As you can imagine it's so stressful and I'm considering giving my notice in without a job to go to. I'm lucky that my role is in demand and I can pick up some contracting work.

This is dreadful. I would be submitting a grievance. What an appalling way to treat youv

Do as they ask and complete the flexible working request form but clearly state everywhere “This is a request for a Reasonable Adjustment under the EA2010”.

WRT sending the medical information contact your Data Protection Officer and ask them to refer it to the ICO. This is a GDPR breach that should be reported