Advice required regards employment situation rights - location of work

squirrelpie

Mistermeaner said:

being as my request is framed around formalising the established custom and practice pattern , ie im not seeking to change anything just wanting to formalise the existing arrangement can they be deemed to have accepted it by not rejecting it ?

Thanks for keeping us in the loop. I don't know whether they can be deemed to have accepted it under law (and after how long, unless the time limit was explicitly stated?) but I'd think it would be of value in any legal proceedings if they don't reject it.

LightFlare

There used to be (not sure if there still is) a concept of acceptance by default when dealing with minor contract changes

However, you could reverse the thinking and conclude that they have rejected it in the absence any acceptance 

Wonka_2

Welcome to the joys of global jobs - where managers/employers in other countries have no concept of local market laws. 

I speak from experience that in these situations their (lack of) understanding often descends into lack of compliance and a battle between ‘home’ market and ‘lead market’ where the only loser is the employee. Hopefully your local HR team can remind your Manager of his responsibilities 

Mistermeaner

so..... 5 weeks after submitting my flexible working request the company has responded;

Brief discussion and now letter from HR seeking my permission for an occupational health referral. The letter briefly explains the purpose of the referral is to understand how they can support me with reasonable adjustments and inform discussion around flexible working. All sounds OK so I am inclined to go ahead.

It seems they are looking at the reasonable adjustments down the disability route (albeit they haven't made this expressly clear)

Also i requested copies of relevant policies and was told there isn't any; not quite true as there is a flexible working policy that sets out a process they should follow including for appeal although the policy is out of date as non-compliant with latest legislation around flexible working. This policy sets out a timeline for review which the company hasn't so far followed. 

I also asked who my flexible request has been shared with as it contains some very personal information regards my condition, the answer was it has been shared with numerous different people within HR in both the UK and US as well as interestingly the senior guy in the UK that is the root cause of the recent issues - I am not sure why they would have shared it with him as I do not work for him.... not sure on whether to raise this (or at least whether to raise it now)

squirrelpie

Thanks for the update. You say there is a flexible working policy that is out-of-date. Maybe they didn't mention it because it is out-of-date and ineffective?

Perhaps now the senior guy is aware of your difficulties he will be more sympathetic to you. Fingers crossed!

Grumpy_chap

The assessment by OH seems a reasonable approach.

GDPR allows information to be shared where there is a business need.  The company will state that to be the case.

LightFlare

Don’t forget that adjustments only have to be reasonable which is something that as far as I am aware has not been quantified in any court.

The reasonableness is judged by the company NOT you, so can be quite easily refused on cost/business grounds if they are so Inclined - especially where expensive equipment and/or adaptations are required or as is your case physical prescence at certain locations

The whole HR and OH thing is a “game” that has to be played, but often the winner has already been determined and since policy/procedure has been followed (where present) it’s hard to get decisions reversed 

Mistermeaner

soooo - occ health review this week (independent dr) - his view i would be classed as disabled under the equality act 2010 and will recommend the company make reasonable adjustments e.g. flexibility on work location, use of TEAMs rather than face:face and enhanced hybrid working.

I guess this can only help strengthen my position and make it harder for the company to reject the flex work request

Question: with this now being a 'disability' issue rather than flexible working does it change what the outcome should be; i.e. i understand a flexible working request if agreed should be captured as a contractual change - does the same apply to 'reasonable adjustments' under the disability act?

Thanks

lincroft1710

"Reasonable Adjustments" are those which are reasonable for the employer to carry out. RA are not a "get out of jail free" card

squirrelpie

Mistermeaner said:

soooo - occ health review this week (independent dr) - his view i would be classed as disabled under the equality act 2010 and will recommend the company make reasonable adjustments e.g. flexibility on work location, use of TEAMs rather than face:face and enhanced hybrid working.
I guess this can only help strengthen my position and make it harder for the company to reject the flex work request
Question: with this now being a 'disability' issue rather than flexible working does it change what the outcome should be; i.e. i understand a flexible working request if agreed should be captured as a contractual change - does the same apply to 'reasonable adjustments' under the disability act?

There's a useful summary at https://www.acas.org.uk/reasonable-adjustments/asking-for-reasonable-adjustments that says any adjustments 'should' be confirmed in writing.
And IMHO it's good news that OH agree with your suggestions