Reasonable adjustment from day 1?

SarahLu

Hello,

I am considering applying for a job. The job is advertised as being hybrid, but I would be looking to request a reasonable adjustment for fully remote working due to health reasons. I am confused by the law which states employees have the right to ask for an adjustment from day 1. Does this mean you can submit the request on day 1 of employment (and then potentially have to work without the adjustment until a decision is made), or can you ask prior to starting the job so that the adjustment can be put in place from day 1? The latter makes more sense if its something you really need.

If the latter is true, at what stage of the recruitment process would you consider it best to ask? After formally accepting an offer seems sensible, so that discussions can be had and adjustments put in place before you start?

Appreciate any advice from anyone who has been through this or knows how it might work.

Thank you.

MattMattMattUK

SarahLu said:

Hello,

I am considering applying for a job. The job is advertised as being hybrid, but I would be looking to request a reasonable adjustment for fully remote working due to health reasons. I am confused by the law which states employees have the right to ask for an adjustment from day 1. Does this mean you can submit the request on day 1 of employment (and then potentially have to work without the adjustment until a decision is made), or can you ask prior to starting the job so that the adjustment can be put in place from day 1? The latter makes more sense if its something you really need.

If the latter is true, at what stage of the recruitment process would you consider it best to ask? After formally accepting an offer seems sensible, so that discussions can be had and adjustments put in place before you start?

Appreciate any advice from anyone who has been through this or knows how it might work.

Thank you.

My understanding is that you can only apply once your employment has commenced. 

They only have to consider the adjustment, they do not have to grant it. 

If you were applying for a job that you were unable or unwilling to do then the employer can terminate your employment with immediate effect, you have no statutory protections for the first two years unless their actions would be illegal discrimination. From an employers perspective this would almost certainly be something that would mean they would seek to get rid of you if you try it.

Emmia

I think if you've not yet applied it would be worth contacting the employer to ask about whether the role could be done fully remote, as you'd prefer.

If they say "no" then you have your answer.

Undervalued

SarahLu said:

Hello,

I am considering applying for a job. The job is advertised as being hybrid, but I would be looking to request a reasonable adjustment for fully remote working due to health reasons. I am confused by the law which states employees have the right to ask for an adjustment from day 1. Does this mean you can submit the request on day 1 of employment (and then potentially have to work without the adjustment until a decision is made), or can you ask prior to starting the job so that the adjustment can be put in place from day 1? The latter makes more sense if its something you really need.

If the latter is true, at what stage of the recruitment process would you consider it best to ask? After formally accepting an offer seems sensible, so that discussions can be had and adjustments put in place before you start?

Appreciate any advice from anyone who has been through this or knows how it might work.

Thank you.

Not a direct answer to your question but.....

Does your heath condition amount to a disability for employment law purposes? The employer is only legally obliged to make a "reasonable adjustment" it it does. OK, many employers show more flexibility than the law requires- but not all!

Even if legally entitled to a "reasonable adjustment" would working entirely remotely be reasonable for the employer? 

Would you only take this job (if offered) on these terms? If so then I do not think it is reasonable to apply without making that clear.

SarahLu

Undervalued said:

Not a direct answer to your question but.....

Does your heath condition amount to a disability for employment law purposes? The employer is only legally obliged to make a "reasonable adjustment" it it does. OK, many employers show more flexibility than the law requires- but not all!

Even if legally entitled to a "reasonable adjustment" would working entirely remotely be reasonable for the employer? 

Would you only take this job (if offered) on these terms? If so then I do not think it is reasonable to apply without making that clear.

Yes, it does and yes it would be reasonable for the employer. And yes, I would only take the job under these terms because it wouldn't be possible for me otherwise, so I have no choice. I am hesitant to make this clear before accepting a role because people see it as a hassle and would rather take an easier option.   

SarahLu

Emmia said:

I think if you've not yet applied it would be worth contacting the employer to ask about whether the role could be done fully remote, as you'd prefer.

If they say "no" then you have your answer.

I suspect they would just say no, or something like "this would be discussed with the successful applicant" if I sent an email. This has happened before. The job itself can be done fully remotely, its a tech job and is already hybrid so I would imagine it would be quite difficult to refuse on that basis. (Other reasons maybe, but not that).

SarahLu

MattMattMattUK said:

My understanding is that you can only apply once your employment has commenced. 

This is where my confusion lies. If someone needs an adjustment to enable them to perform their job effectively then how can they be expected to go without this for weeks/months before it is put in place.

born_again

SarahLu said:

Emmia said:

I think if you've not yet applied it would be worth contacting the employer to ask about whether the role could be done fully remote, as you'd prefer.

If they say "no" then you have your answer.

I suspect they would just say no, or something like "this would be discussed with the successful applicant" if I sent an email. This has happened before. The job itself can be done fully remotely, its a tech job and is already hybrid so I would imagine it would be quite difficult to refuse on that basis. (Other reasons maybe, but not that).

You really need to raise the issue at the  interview or before. Raising afterwards is not fair on ether you, if they decline or the company.
Like many companies, they like to bring staff in so there is face to face contact between teams.

We went from fully office based to fully home based over covid, then hybrid working was brought in once a month, then changed to 60% of your hours in office.

Amazing the number that had worked in the office pre covid, tried to argue that they could not come into the office.. Contracts never changed.

DullGreyGuy

SarahLu said:

Undervalued said:

Not a direct answer to your question but.....

Does your heath condition amount to a disability for employment law purposes? The employer is only legally obliged to make a "reasonable adjustment" it it does. OK, many employers show more flexibility than the law requires- but not all!

Even if legally entitled to a "reasonable adjustment" would working entirely remotely be reasonable for the employer? 

Would you only take this job (if offered) on these terms? If so then I do not think it is reasonable to apply without making that clear.

Yes, it does and yes it would be reasonable for the employer. And yes, I would only take the job under these terms because it wouldn't be possible for me otherwise, so I have no choice. I am hesitant to make this clear before accepting a role because people see it as a hassle and would rather take an easier option.   

Obviously dont know what the job is, why the employer wants it hybrid or if it's reasonable or not to request it to be so. Whilst you think it's reasonable it doesnt automatically follow that they will consider it reasonable. 

The sensible approach is to be up front with it from the outset and so you can both make a decision on if it will work for you or not and you dont waste each others time if its not going to work out. Some are more militant and will decide to surprise them after contracts are signed and look forward to the fight when they then instantly dismiss them because the employer doesnt think a cashier can work from home.

MattMattMattUK

SarahLu said:

Undervalued said:

Not a direct answer to your question but.....

Does your heath condition amount to a disability for employment law purposes? The employer is only legally obliged to make a "reasonable adjustment" it it does. OK, many employers show more flexibility than the law requires- but not all!

Even if legally entitled to a "reasonable adjustment" would working entirely remotely be reasonable for the employer? 

Would you only take this job (if offered) on these terms? If so then I do not think it is reasonable to apply without making that clear.

Yes, it does and yes it would be reasonable for the employer. And yes, I would only take the job under these terms because it wouldn't be possible for me otherwise, so I have no choice. I am hesitant to make this clear before accepting a role because people see it as a hassle and would rather take an easier option.   

It is not your call as to whether it is reasonable. They are perfectly entitled to reject the request as they can say that as a business fully work from home is not a model they want to operate, hence listing the job as hybrid. 

SarahLu said:

Emmia said:

I think if you've not yet applied it would be worth contacting the employer to ask about whether the role could be done fully remote, as you'd prefer.

If they say "no" then you have your answer.

I suspect they would just say no, or something like "this would be discussed with the successful applicant" if I sent an email. This has happened before. The job itself can be done fully remotely, its a tech job and is already hybrid so I would imagine it would be quite difficult to refuse on that basis. (Other reasons maybe, but not that).

Just because a job can technically be done remotely does not make that adjustment reasonable, there are other elements for a business to consider as well as the purely practical. Team integration, communication, business need etc. 

SarahLu said:

MattMattMattUK said:

My understanding is that you can only apply once your employment has commenced. 

This is where my confusion lies. If someone needs an adjustment to enable them to perform their job effectively then how can they be expected to go without this for weeks/months before it is put in place.

They should not be applying for a job that they are unable to do. Reasonable adjustments are almost always used when someone is already employed and their circumstances change, or someone discusses potential changes to their employment contract on offer at the recruitment stage. It seems highly unreasonable to accept a job that has specific requirements, then demand it is changed to something different.

SarahLu

Thanks for all the replies.

I am mostly interested in what the law means by the day 1 thing...whether it means the right to ask from day 1 of employment, or to have adjustments instated in time before starting day 1. Would be grateful if anyone has any concrete knowledge on that.