My employer has refused to change my shift as a reasonable adjustment. Where do I stand?

cdf99

Hi everyone I’m looking for a little advice I’m really struggling with working full time, I’ve received had occupational health done with my employer and it states on the report I have a disability that’s covered under the equality act and that I may tolerate a very slow return to normal hours with adjustments.  

My employer has refused point blank to change my late night shift for an earlier shift to help me. They said the only options I have are to work it if drop the day and go part time, Where do I now stand I would of thought they would if helped me more.

cdf99

They have said the hours are not there, I’d be doing the same job but at different hours, my department is manned from 8am-10pm but they said they cannot move me earlier and also cover late, they said there are no other departments to go on, 
im on a higher wage rate on my current department so I’m not sure what would happen if they did find a job for me for 1 day on another department, is removing pay from me right because I have a disability, I’m not really sure what I can do next 

cdf99

woodbine said:

Is it a large company? do you have an HR dept. that you could talk to? are you a union member?

Yeah it’s a large company I asked myself to be referred to occupational health as I have a number of medical conditions that are coved under equality act, and I felt there was a lack of understanding from managers. Department managers now cover hr they company no longer has personnel managers to help 

idontlikeliving

Just out of curiosity what helps you about moving from nights to days?  I worked at a big company years ago and I remember someone wanting to move from afters to days. They needed a really good reason to do so. 

cdf99

idontlikeliving said:

Just out of curiosity what helps you about moving from nights to days?  I worked at a big company years ago and I remember someone wanting to move from afters to days. They needed a really good reason to do so. 

I suffer from really bad fatigue due to arthritis and affects of medication and cancer treatments. 

idontlikeliving

@cdf99 I think personally, as I used to do nights. This is just my input. When I used to work nights 4 on 4 off. The days off because I had things to do I had to be normal and be wake through the day and sleep at night but when it was work again, I had to sleep through the day and the night was my day. I found it absolutely exhausting. I get very mentally tired very easily. It takes its toll. With what you have explained, I think it’s good enough grounds to swap shifts. So you don’t have a stupid sleeping pattern. Poor sleep does not help anyone, esp anyone like you. 

I would let your drs know about the situation and see if they can work with OC health. And also if you have a union, speak to them because they can help a lot. Xx

cupcake88

@cdf99 hi I would recommend taking them to a tribunal . My previous job not only refused my very reasonable adjustment but I was bullied Also by staff and management for having a mental illness . I would first write to the hr dept put it in writing and say that if these changes can’t be made then you will have no choice but to contact acas and go down the tribunal route . Hope this helps  

[Deleted User]

Hi @cdf99

I’m sorry to hear about your current situation.  I appreciate that working through this, along with your health circumstances can’t be easy and hope you are managing ok. 

For free and impartial information relating to employment legislation in this situation, you may wish to contact ACAS:

ACAS Helpline

 

Take care, and please keep us posted with how you are getting on.