Access to work

Omgwam

Good morning

I have a chronic pain condition and a combination of the side effects of medication along with the pain meant my employers OH department had recommended in February that I continue to WFH full time (which all staff had done since covid) which I have been doing. The OH report confirmed that in their opinion I would fall under the equality act. The rest of my team went into the office once a week.

My employer decided a couple of months ago that we needed to be in the office 2-3 times a week. I referred to my earlier OH report but they requested an update and I’ve had an OH appointment today with a Doctor.

My employer asked them to comment on my ability to drive into work (an hour drive) and whether an alternative would be to get public transport (a 25 minute walk to get to the bus from home , 2 hour journey to my office town and another 25 minute walk from the bus stop to the office - so almost 3 hours each way).

The Dr is recommending I WFH full time indefinitely as it’s unlikely my condition will improve and I will be on medication indefinitely. She will state I cannot drive in and will say a 6 hour public transport commute is unreasonable and will make my condition worse with likelihood of resultant sickness absence).

She did however mention access to work may be able to support transport costs. Has anyone got experience of this? After posting before about the issues I’ve had with my employer I spoke to an employment solicitor who thought it very unlikely access to work would support costs as I can WFH as a reasonable adjustment (I have done so since covid and my colleagues WFH for over 2 years full time, then another 2 years with only 1 day in the office with a recent increase to 2 days in the office). I am physically able to use public transport but the OH Dr will say this is unreasonable due to the long journey time which will have a huge impact on my condition and subsequent attendance.

For info, I’ve worked for many years for my employer which is a very large organisation so I’d assume they’d be expected to contribute towards any taxi costs. I’ve had a look and a return trip is between £160 to £190 so very expensive! I do worry of the impact of an additional couple of hours travelling would have on my health even without the need to drive.

Many thanks

Rachel_Scope

Hi @Omgwam. Sorry no-one was able to answer your question. Has your employer agreed to you WFH? It seems unfair for them to deny this if WFH has been a part of the job role before.

Omgwam

Well no news so far and I’m continuing to WFH. The OH report was sent to my manager over a week ago and it hasn’t been mentioned.
There were other recommendations in the report (such as voice recognition software) but I’ve already been told they won’t pay for this (they’d have to contribute towards costs even using access to work as they’re a large company).
I’m reluctant to bring it up as so long as they ignore it I can stay WFH and I can cope without the other recommended adjustments (though they would be helpful!). Sadly I don’t think it will do me any favours to ask if they can implement them as they make me feel I’m asking for special treatment.

Rachel_Scope

I found some info about employers making reasonable adjustments from MS Solicitors. They should make reasonable adjustments within a 'reasonable timescale' and if they're not, you can raise a grievance. It's up to your employer to decide what is considered 'reasonable' and if you disagree it would be up to an Employment Tribunal to decide.

I completely understand not wanting to bring it up and just carrying on, but it might be better to bite the bullet, so to speak, and hopefully get it all sorted. I feel like they're being unfair if you're able to fully do the job from home.

Omgwam

Hi Rachel, so sorry for the late reply.
Today I’ve been told I need to go in twice a week and when I referred to the OH report they have booked a meeting with me next week.
Their attitude has been that I can’t have special treatment.
I spoke to a solicitor before the OH assessment and will do so again if needed after the meeting. They said if the Dr recommended WFH and it’s refused when I’ve been doing it for four years I need to raise a grievance (as you said) and will assist me with this.
It’s all so very stressful.

durhamjaide2001

You should be able to work from home as it's a reasonable adjustment.

Rachel_Scope

Hi @Omgwam. It's such a frustrating situation for you and I'm sorry they're continuing to be difficult. I'm glad you've spoken to a solicitor you definitely need to make sure they're providing reasonable adjustments for you. When is the meeting? Are you going to have someone there with you for support?

Are you managing to relax at all and put aside the stress for a while? Fingers crossed it'll get sorted soon so you don't need to keep worrying.

Omgwam

The meetings next Thursday (17th) and I’ve been told I can’t take anyone as it’s just a discussion.
Very anxious about it as in the past they’ve told me I need to stop taking medication (which affects my ability to drive but means I am in less pain so I can work) and told me I can’t expect special treatment.

A friends sister works in HR and has gone through the points to raise so at least I am prepared.

I’m trying not to worry too much but it’s all I think about and affecting my sleep.

If they won’t agree to WFH I’ll have to see my GP as I cannot drive to work. It’s not I don’t want to but I can’t and they will not accept that despite their doctor confirming it to be the case. Their doctor has also said I need to remain on medication and will do so indefinitely.

I’ll update on the outcome after Thursday. Hopefully some positive news.

Just to add I work for a very large Disability Confident Leader employer which makes the whole situation even more of a farce. They have a section on our website about this and how they work closely with the business disability forum to ensure they support anyone with a disability.

Rachel_Scope

Oh that's disheartening that they're a Disability Confident Leader employer and are putting you through this. It seems they've forgotten!

That's good that you've been able to go through everything with someone who works in HR. That'll give you a good head start. I've got my fingers crossed for Thursday that you get a good outcome and they are willing to let you WFH.

In the meantime, try and do some nice things to distract yourself. You haven't done anything wrong and you've sought out legal advice so you have a plan if the meeting doesn't go well. I'll be thinking of you, let me know how it goes.

Omgwam

Thanks so much & I will do.