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Reasonable Adjustments

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
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
Replies
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.
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.
Zaid
Scope Employment Advisor
Phone: 0300 222 5742
Email: [email protected]
www.scope.org.uk/supporttowork
Zaid
Scope Employment Advisor
Phone: 0300 222 5742
Email: [email protected]
www.scope.org.uk/supporttowork