Reasonable Adjustments

honeysuckle123 · July 2018

Hi, i was looking for guidance.

I have Rheumatoid Arthritis. Out of the blue, my employer has removed the reasonable adjustments that i had in place for flexible working during a flare up without warning. I only used the flexible working a few times a year and always worked my hours back. is it against disability laws to remove reasonable adjustment without warning or discussion about my needs in relation to my disability. Ive has a occupation review since this happened and they suggested the reasonable adjustments be reinstated but my employer has not yet done this.

Any help would be great thanks

mikehughescq · July 2018

Surprised no-one has answered so here goes. Let’s use RAs for reasonable adjustments as it’s a lot easier.

If you have RAs they should be documented and agreed. However, they should also be subject to review on a frequency you agree when they’re put in place. I’m assuming none was agreed else you wouldn’t be here. So, they’re reviewing without having agreed how often? Can they remove them anyway? Yes, absolutely, if they can evidence that they no longer solve an issue or don’t amount to RAs or that there is another solution. However, a reasonable employer would understand that such an unprompted review can’t be unilateral. You have to be part of it. That you presumably weren't then gives you grounds for complaint.

The fact occupational health are involved after the removal of RAs isn’t going to bail the employer out. If an employer is going to do an unprompted review they’re going to have a hard time if they didn’t use the OH expertise they have before making the decision.

Now, here’s the tricky bit. In order to be entitled to RAs you have to be at a substantial disadvantage compared to a non-disabled person cos of the way the employer does things. What’s your disadvantage? What used to happen before periodic flexible working was allowed? Did you just go off sick? Could there be another solution like, for example, just not counting disability related sickness to count for attendance management reasons? The failure to follow due process is an issue but I think we’d need to know more about how you were substantially disadvantaged before commenting further.

It would also be useful to know if you have a union representative and have taken a grievance.

honeysuckle123 · July 2018

Thanks so much for your advice.i have a grievance in at the mo due to the removal of my RA without warning and managers conduct during the meeting. As far as I was aware from what I was told this was all written down and and in place for 2 years, it was never reviewed however in my appraisal meetings it was written that I had used it for however many days over the quarter. I only use it for flareups, but during this meeting it was said that I wasn't entitled to RA and and RA that was in place was a favour to me and something they are unwilling to do any further. Prior to the flexible working being in place I was off work on long term sick and in and out of work over the two years whilst I was sorted a steady medication. I returned in Jan but every time I returned back to work it was confirmed that I still could use the RA as a way for me not to use sick leave for a disability related issue. I requested several times for a another occ review for some further support during the last 2 year's but each time i was told it was unnecessary and it was refused. I know morally I have a foot to stand on but I'm worried whether legally the company did something wrong in the way they handled this. Thanks so much for your response

mikehughescq · July 2018

From what you’re describing there seem some fundamental flaws in what they’ve done. I’d be interested to understand also why they think they can block an OH request. That’s a new one.

honeysuckle123 · July 2018

Luckily i have kept emails confirming it so fingers crossed the grievance process resolves in my favour

Stella_10 · July 2018

Some what same happened to me too. I have RA and company asked me to OH. Report came positive but they are not agreeing and also taking decision by overruling the report .

Zaid_Scope · September 2018

Hi @honeysuckle123 have you had any progress with this issue since July? Like @mikehughescq (who has given you some top notch advice by the way), I am puzzled by the employer's failure to include you in reviewing your agreed RA's and by their refusal to implement the advice of the OH review.

I would suggest union involvement as soon as possible and contacting ACAS (http://www.acas.org.uk) to get a resolution on this.

Do keep us updated on how it is going.

honeysuckle123 · September 2018

Hi, yes I won my grievance and all RA were reinstated. They admitted they treated me differently to other employee and apologised. I'm now to go back in the next week onto a new department. Thanks for your advice Mike

Zaid_Scope · September 2018

@honeysuckle123 what fantastic news! Such a shame you had to be put through all that stress over such a clear-cut case of discrimination, but a great result. My thanks to @mikehughescq as well. Great result.

Reasonable Adjustments

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