Reasonable adjustments

[Windywuss]

I work in HE but thought this wasn't specific to that so I'll ask here.

We have been informed that everyone can now ask for Reasonable adjustments regardless of disabilities. This isn't right is it? Surely if everyone can do it, those that need them are not on the level with those that don't anymore?

I don't even understand why you would feel entitled to ask for RA if you have no disabilities..... I imagine this will invite people making requests because of childcare etc but that is covered under flexi working.

I just don't think management knows what they're doing!

I've been told that I can't make a flexi request under RA for my disability. I can only request flexi for childcare reasons.

Baffling.

I would have thought the term “reasonable adjustment” meant it was reasonable, and helped people’s work life?
is giving other people a reasonable adjustment taking it away from others?

If it’s not actually needed, how can it be deemed reasonable?

You are absolutely within your rights to request flexi time for disability related issues. They have to assess each request for reasonable adjustments on an individual basis.

Surely if everyone can do it, those that need them are not on the level with those that don't anymore?

It's not a competition, is it?

Is the reason you need flexi to do with childcare though, or is your condition something that would benefit from flexi?

I’m not sure where the line is for reasonable adjustments really. If one person is allowed flexi because of childcare, should another be allowed it when they get a puppy, for example?

What does that mean?
Reasonable adjustments for disabilities are just that; adjustments intended to put the disabled person on an equal footing to everyone else.

This is true. Also no, people without disabilities don’t have a right to ‘reasonable adjustments’ in the equality act sense of the term. The legislation is here - https://www.legislation.gov.uk/ukpga/2010/15/section/20. It is an anticipatory duty though, so employers/organisations should be making reasonable adjustments before people ask for them in many cases (so having a lift or hearing aid loop in the building; offering text in large print as a matter of course etc..). It is true that people don’t necessarily have to tell you they have a disability in order for the duty to arise, and also that they don’t always have to prove it if they do - are you sure that’s not what your organisation is saying? Again though - you should be able to work flexi-time as an RA - they’ve definitely got that wrong!

It's both at the moment but as my child gets older I forsee a situation where I may no longer get it because they only consider it for childcare.

Unfortunately OH is a gamble. I've had a very good OH doctor and a very bad OH adviser...so bad in fact I had to make a complaint.

The OH company don't allow us to ask any questions or raise any issues ourselves. We just have to answer questions. It's quite gruelling and difficult.

I don't understand the issue. It is not a zero sum game.

If you are disabled, you are still able to request reasonable adjustments and your employer has a duty to make reasonable adjustments to support you.

I can't see how making adjustments for others is necessarily going to get in the way of that?

Thank you. That's very well put and clear.

This is a situation that has arisen in connection with planning for timetabling for the next academic year. So this will be for academic staff only and it'll be about asking for exemption from specific slots for teaching purposes. So I imagine nobody will think it reasonable to teaching a Friday afternoon anymore! 🙈

I think it will with regard to staffing to cover, in this case, a teaching timetable but it could apply elsewhere say for a rota for duties or whatever.

If I cannot work late in the day because my disability means I am not well by then or else the reverse...perhaps someone with a disability has to take meds which impacts early mornings. Those are RA that would impact timings.

If someone else travels a long way to work and would prefer not to do that in the morning, then to put a preference on the same footing as a medical need, doesn't seem right to me.

You’re welcome and no, I can’t imagine anyone will think it reasonable to work on a Friday afternoon!! You’re right about the need for ra’s to be relevant and effective though - having a disability isn’t a free pass to get out of unfavourable bits. I think you’d need to start with a rota system that shares the shit out fairly (taking ras into account there) and then deal with any other issues arising after that - so as you say, if someone has meds that make them groggy in the morning/a disability that makes them tired by the end of the day then those should be taken into account and the disadvantage mitigated in the system, and then any child care/ evening class/ don’t like Fridays issues should be equally addressed, if that makes sense.

I say good on the organisation! It's only disabled people who have genuine needs. Many people have health concerns that genuinely impact their ability to work but don't fall under the category of disability.

If it's a health concern then that's one thing...but a lot of these would meet the definition anyway for disability. Whether or not people see themselves as disability is another matter.

I just know we'll have people who don't want to do the commute two days in a row or on a Friday or want a long weekend so don't want to do Monday asking. I don't think management know what they're doing. Anyone can make a Flexi working request except for people asking for health reasons...and now anyone can ask for RA too.

But anyone could always have asked for reasonable adjustments.
What’s reasonable in a business sense has always been for the company to decide. Even when the adjustments relate to a disability, a company can refuse to do anything that will detrimental to the company, or excessively costly to implement.

Yes. I know that is the reasonable bit. But able bodied people do not need RA.

I think you are making too much of a deal out of this. Reasonable Adjustments as a legally backed concept, as far as I know only exists within the Disability Discrimination Act, and now within the Equality Act. Anyone can ask for an adjustment for any reason, childcare, caring for elderly relatives or sick spouses, heck if they wanted just to accommodate a hobby they enjoy. If the employer can reasonably accommodate their request and it helps them with being happy and motivated, why not? There will still obviously be a legal backing to a disability related "reasonable request" meaning that the employer has to grant it in case there is a very good reason not to. There won't be such a backing for non disability related requests.

What do you mean by reasonable adjustments because there are many scenarios where somebody could ask for an adjustment and not be disabled.

Set finishing times because you have kids
set days because you’re caring for an elderly parent
a special keyboard or mouse after an ergonomics assessment because your wrist was hurting
set days because you study

^ they’re all adjustments you’re allowed to ask for and your employer can assess if they’re reasonable or not but not necessarily based on a disability

Reasonable adjustments in the legal sense under the Equality Act (2010) are there to support people who have disabilities that put them at a disadvantage to the rest of the workforce. It is distasteful of you to talk about it not being a competition, when people like the OP will have to struggle with their disability compared to able-bodied staff who don't have disabilities. I'm sure the op would rather not have a disability.

OP you have made a very good point, that if the term Reasonable Adjustments is misused or overused, it loses its impact and purpose, which is to support you and put you on a level playing field with others. "health concerns" are of a temporary nature and those can be dealt with on a case by case basis (eg ability to take sick leave, ability to wfh for a period to get better). The difference your organisation hasn't picked up on is the permanent nature of your disability, it won't go away or get better after a couple of weeks off.

the term Reasonable Adjustments should be a protected term enshrined in law and not to be thrown about in such a haphazard manner.

Thank you @daisychain01 . You have articulated that far better than I could. It helps get my thoughts in order.

Exactly equity not equality as that’s not possible

I totally agree.

In my organisation everyone can ask for flexi, regardless of their position. They can ask for a whole raft of things eg standing desks etc regardless of disability. It's seen as addressing a need.

It's not taking away anything from a disabled person, their adjustments may be more fundamental eg as automatic door access. The funding comes from a different source too.

The legislation around flexible working requests changed a couple of years ago. Anyone can request it now, for any reason and you don’t actually need to give your employer the reason. You just make the flexible working request without giving any reason. They can only turn it down on a few things related to business need. Go look at the legislation because what they’re doing is wrong.

Does anyone know about oh referrals being granted then colony policy changing in regards to attendance and the oh referrals being revoked?