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.

Yes they do. Disabilities are not just physical.

What sort of non physical disabilities need actual adjustments?

We may all have reasons why we want to ask for reasonable adjustments, disability is a reason but doesn’t necessarily mean others can’t request, what’s wrong with that. Eg I’ve asked for adjustments because my dd lives overseas, to wfh for a month, a good workplace listens and then decides

Well the disability act also covers neurodiversity and mental health.

Mental health conditions, neurodivergence, cognitive impairment. I'm making particular reference of OPs use of able bodied.

You don't believe that people with mental health conditions or autism or adhd might also need RA?

Exactly.

Able bodied people often need RA.

Why would that not meet the definition of disability under the equalities act? It would.

Anyway, thank you to those that have been supportive. I'll bow out now as I can see the tone is turning to the usual shout fest.

Ok... apologies if I used the wrong term. I am actually really unwell today which includes issues with cognitive processing. So probably didn't phrase that well. People without disabilities I should have said?

This is the work section. Not aibu. Not here for a fight or arguments. Just trying to understand my work issue.

I guess the problem is that legally people are allowed to ask for flexible working that can only be denied for set legal reasons. So employers have to balance everyone's 'legal' rights. And someone has to work Friday afternoon!

@Windywuss the problem is that the definition of disability is so broad that maybe the employer thinks it's easier to just make reasonable adjustments a generic concept. Requests still presumably have to be evidenced and not necessarily agreed. In that regard the most in need are being lumped together with those with very minor or no issues. A casualty of every problem having to be labelled or diagnosed these days.

But what exactly is your work issue? You briefly mention you’ve been told you can’t make a RA request because of your own disability? Can you explain so that we can advise you accordingly rather than give opinions on the bulk of your post that is a broader topic. Sorry you’re feeling unwell.

I thinks it's unhelpful for employers to use the phrase reasonable adjustments for what are actually informal flexible working arrangements - which is what changes to working patterns /amended duties being made at employees' request usually are (whether it's because of caring responsibilies, preference or whatever).

Reasonable Adjustments are a tool of the Equality Act to support disabled employees. Yes there is a non legal way of using the words, but I think it's is clearer and more helpful to use them in the equality act context in employment situations to avoid confusion.

I thinks it's unhelpful for employers to use the phrase reasonable adjustments for what are actually informal flexible working arrangements - which is what changes to working patterns /amended duties being made at employees' request usually are (whether it's because of caring responsibilies, preference or whatever).

Reasonable Adjustments are a tool of the Equality Act to support disabled employees. Yes there is a non legal way of using the words, but I think it's is clearer and more helpful to use them in the equality act context in employment situations to avoid confusion.

I'm not seeing a "shout fest". I'm seeing some people disagreeing with you, and explaining their reasons.

Perhaps your work could have phrased it better. It sounds like they are bringing in flexible working. They sound like a good employer.

For us Flexi and reasonable adjustments are two separate things, so people can request a flex pattern for things like childcare, whereas reasonable adjustments usually come off the back of an OH referral and/or a disability passport they can include an adjusted working pattern but not always and there are usually a selection of adjustments not just the working pattern. In terms of needs of the business the RAs would be prioritised.
Are you sure someone isn't confusing the two?

Surely it's reasonable that anyone can ask - they haven't said that they still won't consider each case on an individual case, which will include taking into consideration their situation whether it's disabilities, child care, family issues etc.

Sometimes there is something small that makes a huge difference to someone which may not go under a disability. They're basically telling people like that that it's fine to ask - they may say no, but they'd rather be asked and have the opportunity to fix it than have them leave or be uncomfortable.

For example my dd really hates doing Zoom calls on camera. She's happy to do them as long as she doesn't have to turn her camera on. She had a number when she first started which she hated.
She mentioned this to her line manager, who spoke to the people she deals with and they chose between doing it in person or doing it without the camera. Dd is happier with that stress removed, the people she deals with are fine, and if there's a reason why they need to be on camera, which does occasionally happen, they understand if she only is on camera for the part she needs to be. The company policy is normally to be on camera.
This is an adjustment that made huge difference to how much she enjoys her work, and was easy to do.

I know it would. But they are able bodied people who may need RA.

I agree that they probably shouldn't have used the term reasonable adjustment as that is a term covered by law. But I think it's fine to allow people to ask.

A lot of my employers could accommodate changes to start or finish times, which could make it easier for people to manage childcare or even hobbies. Some people like to have a standing desk - my current employer would say no unless you have an OH agreement that it's needed for musculoskeletal reasons or similar, for budgetary reasons, but a previous employer was pretty happy for anyone who requested it to have one.

A lot of it might come down to what's reasonable, and if there were conflicting requests, I'd prioritise those covered by the EA, but I think it's okay for anyone to ask.

The poster who mentioned equity (giving people what they need) instead of equality (treating everyone the same) is right.

A Reasonable Adjustment under the Equality Act 2010 removes the disadvantage experienced by a person with a health condition covered by the disability element of the act, i.e. the health condition has lasted or will last over 12 months and creates substantial difficulties in comparison to a person who doesn’t have that health condition. It’s not just mental health and ND but other hidden Disabilities such as Diabetes, Asthma and Sickle Cell. This Reasonable Adjustment should level the playing field so the disabled person has equality of opportunity when compared to someone with no health conditions.

The law on flexible working changed recently. It used to be that you had to work for an employer for 6 months, now EVERYONE ( regardless of health) has the right to request flexible working from day 1 of employment. The employer can refuse but that refusal has to be based on a genuine business reason and fall within 8 selected categories. “Everyone will want it if I say yes to this person” is not within any of those 8 categories. The reason for refusal has to real, not based on what MIGHT happen and each case should be judged on its own merit.

all sorts - that’s literally the legal definition of disability as it relates to reasonable adjustments

Edited to say: meant to quote the ‘what sort of non physical disabilities’ question here.

thanks for this - it’s really helpful

Anyone can ask for flexible working.
People with disabilities and long term health conditions (typically something over 12 months standing) can ask for reasonable adjustments.

As I'm sure others have said, the legal duty to make reasonable adjustments only applies to disabled people.

There is no legal requirement to make adjustments for non disabled people.
An employer can certainly make adjustments for non disabled people, but legally they can turn around and say 'no'.

Where it could get tricky, and I've seen this happen, is where a non disabled person gets a request accepted and a disabled person does not.

For example, a non disabled person asks to WFH as a 'reasonable adjustment' for childcare, then a disabled person makes the same request and gets refused because the parent already has those days off and the employer doesn't want to be short staffed. The disabled person in this case (me) won their tribunal claim.

There is obviously protected characteristics of pregnancy/maternity/sex, and which my employer tried to use as their defence for their different treatment of us, but there is no hierarchy of protected characteristics and childcare is not the employer's responsibility whilst reasonable adjustments for disability are.