Reasonable adjustments. Am I being unreasonable by requesting shorter shifts?

DD2450

I suffered a back injury when I slipped on ice in the staff car park in November 2021. Since then I have been in excruciating pain, MRI shows herniated disc compressing nerve root.  On Naproxen  and co-codamol 30/500mg QDS. At first my employer had me on phased return allowing me to do 6 hour shifts.  Then Mid-February put me back on full 12 hour shifts.  Due to ongoing issues with my back, and awaiting xray guided caudal injections, I am physically unable to do said 12 hour shifts.   Manager has said they can't accommodate me doing shorter shifts (I am currently managing 8 hours) as no other nurse "wants to do part shift".  Am I being unreasonable expecting adjustments to be made for me?  I can't manage moving and handling, and being on my feet is causing severe pain.

janer1967

Hi and welcome to the community 

You have the right to request reasonable adjustments under the equality act if you are considered as having a disability 

A disability is defined as any physical or mental illness that significantly affects your ability to carry out daily living and is likely to last 12 months or more 

I would start by asking to be referred to oh for a work place assessment they can then recommend any adjustments 

You should then put your request in writing 

Employers are required to consider all request but don't have to grant them if they have good reason to reject based on them not being considered reasonable. 

Not having other employees to job share in some cases can be valid reason to reject . Depends on size and set up of company 

DD2450

Thank you.  My injury is impacting on daily living.  I can't walk far, bending for cooking, washing, cleaning etc is unbearable most of the time.  I can't get in/out of bath to sit in it.  I can struggle to step over side of bath to use the shower attachment. 
It's a large care home company.  Some carers are doing 8 hour shifts due to pain related issues, so not sure why I can't.  My legal advisor has told me to request copy of Flexible Working Policy, as all employers have a legal duty regarding reasonable adjustments.   Wouldn't mind, but it's only (hopefully) a temporary measure

janer1967

Sorry but I don't agree with your legal advisor.  This isn't a request for flexible working it's a request for reasonable adjustments under the equality act 

Flexible working is for employees with caring responsibility eg parents , or caring for family member that lives with them . 

You may want to look at acas website for expert advice 

Also ask for the company policy relating to reasonable adjustments 

If they make these adjustments for other employees then state this in your written request 

janer1967

There is also lots of advice and information on here about reasonable adjustments if you look in the employment section