Employer

Suzycoll

i have deleted this thread due to unhelpful comments 
thanks to all that have replied with help 

theoretica

Are you a member of a union?

Does the OH report state whether they are advising your employers that your condition is classified as a disability?  Do you consider you meet the legal definition of having a disability?

Has your employer stated why they will not allow you to work from home?  Do other employees?

tacpot12

What have they said about why they can't change the lighting? Have you investigated whether there are any form of shades that you could have fitted to your workstation or spectacles you could weat? 

TELLIT01

It's hard to believe that nothing can be done about level of lighting anywhere in the office building.  That may mean relocating the OP to another area, removing some light bulbs/tubes and/or providing something like an uplighter to soften the light.  Last place I worked had a couple of sections of desks where 2 of the 4 light tubes in fittings had been removed to reduce glare.  It seems more that they are not inclined to do anything than can't.

I would add that I don't think it is the role of OH to decide where somebody should work, but to determine what actions may need to be taken to provide a person with a 'safe', as in healthy, working environment.

Marcon

Suzycoll said:

Hi. Yes I have investigated all of the above have spoken to head of facilities & CEO. Said nothing can be done about the lightning. No one has suggested fittings. I wear glasses with tints & a peaked cap ! 
At a loss now 

Perhaps you could suggest them - and possibly help your case by doing a bit of research/taking advice from your optometrist on what they believe would resolve your problem?

Why does OH think working from home is the only solution? It's hard to understand what sort of lighting you would have in a domestic setting that couldn't realistically be replicated in an office environment. Are there other factors at play here - and if so, why are they apparently impossible to solve in a modern office?

I appreciate you don't want to give too much information (good for you - some people overshare far too much!), but it's quite hard to grasp why something which should be fairly straightforward appears to be causing so many issues. When someone's sight is potentially going to be damaged, urgent action needs to be taken.

xylophone

My employer has had 3 OH reports done and each one specify categorically I should be working from home. 

What type of lighting do you use at home?

Is there no way in which this can be replicated in the office?

https://www.btod.com/blog/protect-your-eyes-at-the-office/

https://www.seratechnologies.com/office-lighting-guide/

Undervalued

Suzycoll said:

hi theoretica 

1. yes the OH  report advised my employers I was now classified as the  legal definition of having a disability. 

2. my employer has said that it is because I cannot do my particular job from home (I have advised them I am more than happy to re deploy at the same grade to a job in a dept that are able to WFH).

3. Approximately two thirds of my colleagues currently WFH (some now hybrid 20% of working week in office since end of COVID)

4. they are still advertising internal and external jobs hybrid/ WFH  and there are many jobs I am able to do in these depts , with a little further training 

thanks for the reply 

In that case they are required to make reasonable adjustments.

Debating what is reasonable has of course kept lawyers in fat fees since time immemorial! Many "good" employers actually do far more in this regard than the law would require of them. Because of this many people think that their entitlement is greater than is actually the case. Generally more would be expected of a larger employer than if you worked for a tiny company.

An employer is not however expected to make changes that are very costly, either in terms of expenditure or lost productivity. 

So it is all a balance which ultimately, if you can't reach an agreement, can only be decided by an employment tribunal.

Is the problem so bad that if it can't be resolved you will leave, regardless of whether it would lead to any compensation or not?

Bobbobbobingalong

I think for your own peace of mind, your starting point should be to read the guidance ACAS provides, in full. It is the clearest explanation of what is expected v what is required - https://www.acas.org.uk/reasonable-adjustments

You are not required to make adjustments to accommodate your employer, the onus as you will read, is entirely on them. One very sensible suggestion made already however to support your case is to get the opinion of your optometrist - present that to your manager with, I'd suggest, the ACAS guidelines and make, in writing, a formal request for reasonable adjustments to be considered - you should also seek their response in writing.

A note of caution - it very much reads as though you are determined to force your employer to allow you to work from home. That may be the ideal outcome but it may not be the most appropriate, reasonable adjustment so you should prepare for having to go in to the office as you do now but with an environment modified so that is more suited to your circumstances.

elsien

I’d query whether the OH reports say you must work from home - I’d expect them to be more along the lines of working somewhere where the effects of the lighting can be mitigated, which isn’t quite the same thing.
Are there other jobs you can be offered without too much disruption for the company? What was the answer when you suggested retraining for another job?
How many of the currently full time working from home jobs are planned to be bringing people back into the office at least part of the time? If they’re planning to be bringing everyone to hybrid working, moving department isn’t going to solve your problem? 

If you want legal advice you need to get it directly from a solicitor - on an anonymous Internet forum you have no way of checking what qualifications anyone has. 

comeandgo

What about the room they have offered you, don’t put on the overhead lights, get stand alone lamps.

robatwork

Sadly it sounds like they don't value you very highly. 

Your first responsibility is to yourself. You should start job hunting as your only sensible option may be to leave. Whether you then want to follow up with a claim of constructive dismissal is something for you to consider.

To us reading this thread, it would seem obvious for your employer to find you (now with a recognised disability as you stated) an office with a door and blinds. Then just take the tubes/bulbs out and light with a dimmable uplighter or two.

The fact this seemingly extremely low cost solution hasn't been adopted means that perhaps you aren't trusted or valued - hence my first sentence.