Reasonable adjustments due to disability

Anoneemoose

jetplane wrote: »

I would think you have a strong case for a reduction in hours based on the fact that the increase in hours has proven to exasperate your condition.

The aim of occ health is for you to remain in work, therefore it would be reasonable to reduce your hours to a manageable level.

If brain fog is a problem and you really wanted to push their buttons you could request a reduction in target ratio based on the fact that your disability slows your concentration and output.

Thanks again for your help!

Brain fog really does get to me regularly. Up until my diagnosis, I always thought it was 'just me' but now I realise it is all part and parcel of the whole thing. The most embarrassing is when I have to speak to customers (and colleagues) and I go completely blank!!

clarryd

Anoneemoose wrote: »

Hi all,

I was diagnosed with Fibromyalgia/CFS and have been off work for 8 weeks (going back next week so will be 9 when I return).

I understand that Fibro is classed as a 'disability' in that it is a long term condition (obviously that is a very simplified way of saying it)!

Anyway, I currently work 20 hours over 4 days which was actually increased from 16 hours over 3 days last year. Since then, I have noticed I have increasingly become worse, particularly with fatigue and brain fog.

Work have been good (well the occ health dept have, my line manager is as useless as an ashtray on a motorbike). Occ health have arranged for me to have a phased return which sounds great however, I have requested if it would be possible for me to reduce my hours to 17.5 and work over 3 days. This means I will have 2 shortish days and one longer but if I could do say mon, wed, fri then I would have a day in between to 'recharge'.

Anyway my TL said "it's not easy to change shift here and I don't know if you would be allowed to do that". Basically because it doesn't fit in with the 'normal' shift patterns. I was under the impression that they had to make reasonable adjustments when you have a chronic illness or disability, for example, reduced hours/days. Now I totally appreciate they can say what I have requested is 'not reasonable' if that is true however I cannot see how it can be. My office is open from 8-8 mon - sat and the 2 days which would be the shorter, would only be 15 mins different from what i do now. Obviously the third day would be a couple of hours longer. I work where we deal with cases and have weekly targets (worked out at an average per hour) so as long as I hit these then I can't see how it could be detrimental to the office.

Anyway, i was just wondering if anyone could advise how I could approach this once again and if they refuse, do I just have to 'put up' with it??

Thanks in advance.

Hi there

I was diagnosed with fibromyalgia about 8 years ago. My work was great for years but now I am unable to work at all as the pain and fatigue have taken over my whole life unfortunately.

If you are still employed as I can see from above, you are covered by the "Disability at Work Act", this is a very good tool to go bck to your employer with. They need to reasonably help you get back to work ie: reduced hours, special equipment (chair, work station etc).

You should read the DWA on the direct gov website just so you are aware of your rights.

Hope this helps, but I have been through the exact same thing in the past and it was my works OH dept that made me aware of the DWA.

hawk30

clarryd wrote: »

Hi there

I was diagnosed with fibromyalgia about 8 years ago. My work was great for years but now I am unable to work at all as the pain and fatigue have taken over my whole life unfortunately.

If you are still employed as I can see from above, you are covered by the "Disability at Work Act", this is a very good tool to go bck to your employer with. They need to reasonably help you get back to work ie: reduced hours, special equipment (chair, work station etc).

You should read the DWA on the direct gov website just so you are aware of your rights.

Hope this helps, but I have been through the exact same thing in the past and it was my works OH dept that made me aware of the DWA.

I've never heard of the DWA. Do you mean the Equality Act?

marybelle01

hawk30 wrote: »

I've never heard of the DWA. Do you mean the Equality Act?

Just goes to show that you shouldn't take legal advice from OH. There has never been a Disability at Work Act - it was the Disability Discrimination Act, now repealed and replaced, as you say, with the Equality Act.

jetplane

hawk30 wrote: »

I've never heard of the DWA. Do you mean the Equality Act?

Before the equality act clarryd would have been covered under the DDA she did say it was up to 8 years ago and the DDA covered disability and access to work. So clarryd may have misunderstood or misquoted its not a big deal.

And OH don't give legal advice.

clarryd

jetplane wrote: »

Before the equality act clarryd would have been covered under the DDA she did say it was up to 8 years ago and the DDA covered disability and access to work. So clarryd may have misunderstood or misquoted its not a big deal.

And OH don't give legal advice.

thanks it was a few years ago now, so thank you for updating.

Apologies for confusion.