Reasonable adjustment from day 1?

MattMattMattUK

SarahLu said:

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.

You only have employment rights when you are employed, therefore it would be on day one. Reasonable Adjustments that apply to job applicants are related to the interview/recruitment process and do not relate to the job itself. 

TheSpectator

https://www.gov.uk/flexible-working

Since employers have 2 months to consider an application then highly unlikely to have what you consider reasonable adjustments in place for day 1. You can't ask till you are employes.

To be honest if it's advertised as hybrid working (so already flexible working) then either ask the question at interview or don't apply. Would be a red flag to an employer to recruit someone on clearly advertised terms then asking for changes before they even start and you risk having any offer withdrawn.

TELLIT01

The company may have perfectly valid reasons for wanting/needing the job to by hybrid.  If everybody is doing hybrid working it's not unreasonable for them to expect all staff to do both elements of the hybrid model.  They may need x staff in the office each day to manage local issues, for example. 

Also bear in mind, although an employee can request adjustments it's really the employer's decision as to what is reasonable and what is not.

Undervalued

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.   

An employer is only obliged to make a reasonable adjustment for a disability if they have been formally made aware of the disability or it is so obvious that any reasonable lay person would be aware.

As others have suggested, what you consider reasonable may not be what the employer considers reasonable. If the law is forced to decide then the answer may be somewhere in the middle!

As a general point, while more adjustment is expected from larger companies, reasonable adjustments often don't go as far as the the employee fondly imagines.

Finally, consider the "real world" position if you manage to force a situation the employer is reluctant to provide.

SarahLu

Undervalued said:

 or it is so obvious that any reasonable lay person would be aware.

Please can you explain what you mean by this?

Undervalued

SarahLu said:

Undervalued said:

 or it is so obvious that any reasonable lay person would be aware.

Please can you explain what you mean by this?

For example, any non medically qualified person would realise that somebody with an artificial limb is disabled. Similarly a blind person with a guide dog.

Most internal physical issues are far less obvious to a non qualified person as are mental health conditions. Certain conditions, regardless of severity or prognosis, are automatically a disability (for employment law purposes) but with most other conditions both the severity and nature of the problem are relevant factors.

MattMattMattUK

SarahLu said:

Undervalued said:

 or it is so obvious that any reasonable lay person would be aware.

Please can you explain what you mean by this?

If someone uses a wheelchair and interviews are conducted in person then the wheelchair user does not need to inform the potential employer that they use a wheelchair. If the interviews were conducted entirely over Teams then it would not be obvious that the person used a wheelchair and so they would nees to inform the potential employer. If someone has epilepsy then unless informed the potential employer would not be aware of the condition.

SarahLu

Thanks all for the info. I will have a think about what I am going to do and at what stage I will make the request if I do apply. 

strawb_shortcake

Wouldn't a full time remote role need a home worker agreement or contract? We've had a couple of people at work have this and I think there's a bit more requirement than simply agreeing someone can work at home full time? Seem to recall their may be tax implications possibly 

Plasticman

MattMattMattUK said:
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.

Not specific to this case but most disabled people will be applying for a job that they can do with a reasonable adjustment. That's the point - otherwise many would never get a job. Really important to be transparent about this at the interview stage though.