Reasonable adjustments and fixed-term contracts

mrspanda_2

Sorry in advance for the long post. I am looking for some advice on approaching my employer about flexible working in relation to managing a long-term medical condition.

Some background:

I am currently employed on a fixed-term contract (been in post 2.5 years with 1 year remaining, it has been renewed once in that time). My job is desk based and I have a lifelong spinal condition which means I experience discomfort or pain when sitting for extended periods (after a minimum of 20-30 mins on a bad day).

In all my previous posts in the same sector I was offered a routine occupational health assessment as part of the recruitment process and this lead to the purchase of a suitable chair and other relatively minor adaptations to my desk area. When I applied for my current job I completed an application form and had an interview, but there was no occupational health appointment (I enquired and they said they do not routinely do it).

I figured it was something I would raise with my new boss. In the first few weeks in post I struggled with pain and managed as best I could with pain killers and posture correction/exercises but felt that having a suitable chair and neck support was really necessary. I approached my manager about this and I was told me to contact HR myself, which I did, and after several delays they eventually referred me to the internal occupational health department. After a brief assessment with them they recommended as assessment by Access to Work. Access to Work then sent a specialist company to do a workplace assessment and they sent a report to HR outlining a list of adaptations. At this point I had to chase HR up on 3 occasions over 4-5 weeks to ask if they were able to proceed with the recommendations and, after much correspondence back and forth, they emailed back to say they were unsure they could make the case for funding to the finance managers as I am on a fixed term contract - at the time I had 6 months remaining – they said it wasn’t long enough to justify the cost… They also said that because I had not ticked the box on the job application form to state that I had a disability then the case to fund the adjustments was weakened. I did not tick the box as I have never regarded my condition as a disability - it has never been discussed in these terms in any medical appointment and it has rarely had an impact on work (other than needing a suitable chair). I was ignorant of the Equality Act (or its prior incarnation), as previous employers had always been very supportive and accommodating of my condition and it has never been as issue. In the end they agreed to fund the adjustments as I received an externally funded contract extension (to the end of this year) so they then felt it was worth the costs… Although relieved I felt very frustrated at the whole process and upset by their attitude but put it behind me and got on with the job.

Roll on to now and my situation has changed. I had to change some medications at the end of last year due to a change in medical guidance and I'm not having much luck finding alternatives so far (effectiveness and/or side-effects). The side-effects in particular are really problematic and I feel that flexible working (something I’ve done in the past temporarily in similar circumstances) would be helpful as my doctors say I will need to trial each drug for 6-12 weeks to fully assess them. Therefore I would like to ask work to consider flexible working for hopefully a temporary period as a further adjustment (my doctors also support this). I would not propose any change in overall hours, just a shift in start/end times, and as the work is project based I don’t see why this would be detrimental and it wouldn’t cost them any money (that I can think of). However I am reluctant to approach them because of their handling of my previous request, and the fact that the end of my fixed term contract is again on the horizon. My manager is hopeless in these matters and refers me on to HR with any enquiry. HR seem unsupportive, unresponsive and slow.

Ultimately I don’t want to single myself out as someone whose contract shouldn’t be renewed (I’m sure they’d think of a ‘valid’ reason if they wanted to) so is there anything I can do to protect myself, or am I best to wait until I know what is happening contract-wise (not sure when this will be)? Similar jobs elsewhere are few and far between at the moment so I’d like to hang on here as long as possible, despite my gripes, until I can find a new job and get out myself.

Thanks for bearing with me if you got this far – any advice would be welcome.

Emmzi

Legally they cannot discriminate because you are "difficult" due to long term illness.

However you strongly suspect this will not be the case and they will find another reason.

You have evidence of poor management, but not of direct discrimination.

Tricky one. I personally would prioritise work and try and make changes in other areas of my life to keep under the radar.

I'd also ask about buying the chair at the end of your contract so you have it for the next one. These things are over £500 and custom made for you and it's easier to rock up with a need for a van than a need for a chair!

Judith_W

I would be interested to see the implications of you not ticking the disability box. Although you did not raise the issue when you were hired, surely they still have a duty of care under the disability discrimination legislation, the only recourse would be to try any sue you for not disclosing.

I would say that you would be hard pressed to continue your contract without the flexible working adjustments so how much do you have to lose even if your contract is not renewed as a result of the request.

I think it is unlikely to be rejected if it doesn't cost any more and the work is still getting done, the only possibility is that they would blacklist you and not renew your contract (highly dodgy but nothing you can really do) but as I said, would you still be able to work there if they do not make the changes?

mrspanda_2

Thanks for your replies.

Emmzi, I'm making as many changes as I can and doing my best to carry on but feel I am deteriorating, albeit temporarily, and I really want to avoid sick leave. Not sure how long and I can keep it up tbh.

Emmzi wrote: »

You have evidence of poor management, but not of direct discrimination.

Agreed, they are the worst employers I've ever had.

I'd also ask about buying the chair at the end of your contract so you have it for the next one. These things are over £500 and custom made for you and it's easier to rock up with a need for a van than a need for a chair!

Have tried this in past jobs, or new employer has tried to buy off previous employer, but the chair has always ended up in a senior manager's office as it was comfy!

Judith_W wrote: »

I would be interested to see the implications of you not ticking the disability box.

Judith, I too am interested in the implications of not ticking the disability box - is this a good or bad thing, or have no bearing on the situation?

I would say that you would be hard pressed to continue your contract without the flexible working adjustments so how much do you have to lose even if your contract is not renewed as a result of the request.

I have my salary to lose and a likely gap in employment since jobs are scarce right now. So frustrating! Think I will approach them with the request and take it from there.

Thanks again.:)

SarEl

The implications of "not ticking the disability box" (assuming you have a disability - it sounds like you do but the legal definition is very precise) is that the employer has a defence when and if it came to a claim against them for discrimination. If you did not tell them, and they could not possibly guess, that you had a disability, then they can claim that they did not discriminate because they did not know. In your case, for example, how could they tell that you have a spinal condition? I have a bad back - and that doesn't qualify as a disability. How does anyone tell the difference between your spinal condition and my bad back if you don't tell them? And no, I am not being flippant about it - it's impossible to tell from looking at us, isn't it? And a friend of mine with a much less bad back, whinges the whole time and pops pills like there is no tomorrow Is she worse than me - or worse than you? Just on sight it's impossible to tell, and judging by the way you describe yourself in your post I bet you don't whinge a lot and pop pills that obviously, so her drama would outshine us both!

And that is why you should declare a disability to an employer, especially if it is not obvious.

mrspanda_2

Thanks for explaining SarEl, I now know for the future.

There is no way my employer would have known by looking at me and I very, very rarely take sick leave so no clues there. Having since looked into the definitions I would say that I absolutely have a disability in this context. Just have never thought of it like that and the condition has always been picked up as something practical to address during recruitment occy health assessments.

Having a bad back is something a lot of people can relate to, but not always in a good way! I try to avoid getting into conversations about who's suffering the most as it's usually pretty pointless. Getting a chair at work for mine does seem to create a lot of drama for people who think they should get a "special chair" too but that's a whole other thread!

Judith_W

Its fair enough that the employer wouldn't know for looking that OP had a disability that came under the legislation, but what would the implications be if he disclosed this once the contract had been signed. Presumably they would still be required to abide by the legislation once they had all the facts. It would be a separate issue if he should have disclosed this on the application. Also, I thought there were new laws that meant that you don't have to disclose anything until you have been offered the job..?

SarEl

Judith_W wrote: »

Its fair enough that the employer wouldn't know for looking that OP had a disability that came under the legislation, but what would the implications be if he disclosed this once the contract had been signed. Presumably they would still be required to abide by the legislation once they had all the facts. It would be a separate issue if he should have disclosed this on the application. Also, I thought there were new laws that meant that you don't have to disclose anything until you have been offered the job..?

It doesn't matter when you disclose, just that you do. There is nothing that forces anyone to disclose at all, so there are no "fines" for not doing.

You are correct that certain questions about sickness are not now permitted on the application form (although this legisltaion would not have applied to the OP at the time) - but that is a different matter, and the questions are allowed if an offer is made anyway.