Reasonable adjustment request and other employment query

lesleyluton

Hi, can anyone tell me please if an employer is allowed to assess if your disability is having a negative impact on your ability to do your job. I have recently started a job and been upfront about my disability. In my 4 week probation report my manager has stated that she hasn't as yet been able to determine if my disability is affecting my ability to do my job. I have a long term spinal condition which means I am in pain and potentially need/should move around more than others (although I don't anymore than others in my office). My employer knows that I have had this for a long time and I have always successfully held down full time jobs. I don't feel the ability to do my job is compromised as I still do my job whether I'm in pain or not, and I'm not sure if I should say anything about her judging me in this way. Should I state that I don't think my disability affects my work output? Also I have asked for a reasonable working request to work from home 2 days a week, which we are having a meeting about. My pain consultant thinks its a good idea as I'm more likely to get into a comfortable working position. Also mentally I would cope better as being in pain all the time is challenging and being on your own can help with this. They have provided me with a stand up desk which doesn't cure the problem, but I'm getting the idea that they think this is a solution for me and a way of them refusing my working at home request. Both my managers work from home, one regularly once a week, can they refuse my request while they work from home? Also my colleague has asked to work from home 2 days a week to look after her mother, but no decision has been made on that yet. Can they grant her request and refuse mine? Thanks for your advice. Lesley

janer1967

Hi and welcome to the community 

Few points here 

Yes they can assess your ability to do your job but this is normally done through oh . Your manager Iis not medically trained to do this.  All they can do is monitor your work performance and output 

Your request for reasonable adjustments can be refused if it cannot be accommodated for a valid business reason but if others work from home then it is unlikely they have a valid reason 

Your work colleague has a right to request flexible working if they care for a family member with a disability who lives with them this is slightly different request and right to reasonable adjustments so can't really be compared 

However if they allow them to work from home there isn't really reason why you can't 

Did you discuss any reasonable adjustments prior to starting the job 

lesleyluton

Hello, thanks for your answer. I have read elsewhere that my reasonable adjustment request can be turned down if they think that for instance working from home will not alleviate my symptoms. Is this correct? Or can they only turn the request down if there is a valid business decision to turn it down, I haven't made a flexible working request (need to be there 6 months for this) but I have made a reasonable adjustment request. They want to have a meeting with me to discuss it. Can you give me any tips of how to go about proposing that it would be of benefit to me to work from home for some of the time. I have already mentioned to my boss that my pain consultant thinks its a good idea, but I have no idea if the consultant is is going to put that in writing. I think perhaps I should have asked her to when I last saw her, I think then they wouldn't have been able to say no to my request. In answer to your query I didn't discuss any reasonable adjustment requests with them before I started the job, but I did declare on the interview form that I was disabled. They have provided me with a stand up desk and a different chair which is helping slightly. An outside occupational health provider has assessed my disability from what I have put on my form but I haven't seen the assessment. Thanks. Lesley

janer1967

Hi again 

Sorry for late reply 

You could get a fit note from your gp stating the adjustments they would recommend doesn't have to be letter or from consultant 

They can refuse if good reason  why they don't think it would be beneficial it's not a case of improving your health more case of helping you manage your condition and remain in work 

You should ask for copy of oh report but if it is just a health questionnaire then there won't be report to get report you need oh referral and assessment 

As for how to fight your case outline the benefits to them eg increased workload performance concentration  

How it will help manage your work life balance travel to work time can be spent working 

Would result in good attendance etc reduce pain levels making it more managed 

Don't male it sound like you can't do the job though 

From what you have said they seem a reasonable employer so dont think you will have any issues 

Sue_Alumni

Good afternoon @lesleyluton and welcome to the online community,

I see that janer1967 has replied to your enquiry and please do come back to us if there is any further information you need and we will do our best to help. 

From what you say your employer does seem to be trying to be reasonable but you might find it helpful to look at this page which gives advice about what you can do if your employer rejects your request for adjustments or for home working or is not doing enough. 

If you'd like to have a look at the rest of the forum, you can find all the latest conversations in our recent discussions category, all the different topics in our categories page, and you can meet and chat with other members over in our virtual coffee lounge too.

Let us know if you need a hand with anything, and I hope you enjoy spending time here.