Request to work from home

ihategossips

I have recently asked my employer if I can work from home before I go on Maternity leave. I have various issues with my health which means I may not be comfortable travelling to work and have requested if I can work from home as my job is desk based only and there are laptops available. HR have now asked that I have a medical before they consider this. I haven't been at this company for long and I'm worried that they are now going to either force me to go on sick leave or say I'm fit to work and therefore deny my request on that basis.. Are they allowed to deny this request based on a medical examination?

JUNIOR

YES ! or everybody with the slightest health issue would be working from home .

If your unfit to do your job they can sack you , although the chances of that are remote .

Get a doctors note for your health issues and give it to youre HR dept .

Anihilator

Yes
Your only protection would be if your medical conditions were covered under disabilities. In this case they would have to make reasonable adjustments.

Arguable whether working from home is reasonable.

If they discover your not fit to work then you can be dismissed or suspended until such a time you are.

ihategossips

I'm not sure they can sack me for pregnancy related issues! I have told them that I may have to take maternity leave earlier than I wanted or they wanted and asked that as an alternative they consider me working from home.. how is that a sackable offence????

Anihilator

ihategossips wrote: »

I'm not sure they can sack me for pregnancy related issues! I have told them that I may have to take maternity leave earlier than I wanted or they wanted and asked that as an alternative they consider me working from home.. how is that a sackable offence????

They are allowed to assess your capability to do your job and if reasonable adjustments cant be made you can be dismissed through capability grounds.

This isnt the same as being sacked for being pregnant.

If you cant do your job and they decline working for home you are incapable of performing and can be sacked.

ihategossips

It's not a case of whether I can do the job or not..I can... I have asked for working from home to be considered rather than taking early maternity leave.. ie leaving 2 weeks before due date rather than the 10 weeks it can start from.... How has this turned into a sackable request. the issues I have are pregnancy related and won't be an issue after I have the baby so how can they sack me????

So if I asked if I could work from home they would have to consider it but because I'm having pregnancy related issues they can say i'm not fit to work and sack me.....

Anihilator

If your entitled to Maternity leave then yes you can take that. They have no obligation though to let you work from home though.

ihategossips

Don't they have to give a reasonable objection to it or does that only come into effect after my Maternity Leave is finished if I apply for flexible working?

Zazen999

They have no obligation but I suspect because you are saying that it is pregnancy related issues they just want that confirmed.

Of course, if they had any sense they would just say yes. I am presuming that they want reassurance that you are able to 'lone work' without putting yourself in danger as well.

Working from home is absolutely fine if measures are in place to make sure you are working and are safe whilst doing it.

ihategossips

Thanks for all responces.. my work is totally desk based and there are laptops built specifically for working remotely (which they intend for us to use out of hours at some point). I'm fine at the moment but have ripped ligaments in my foot which will have more pressure put on it as I gain weight and my ankles are already swelling up regularly. It's the travel to work that is going to be the issue when I'm further on im my pregnancy rather than sitting at the desk.

Welshwoofs

They're perfectly entitled to say you can't work from home. Working from home poses an insurance risk to them and a health and safety check of your house would need to take place. After all, if you tripped over your laptop cord at home whilst officially at work, you could sue them for not ensuring your workplace was safe.

I'm 100% a home worker and it's something very few companies will consider (for the reasons stated above and more) for any worker. I doubt you've got any rights under law to demand it on the basis of pregnancy, but rather reasonable adjustments made to your official place of work to enable you to continue.