Disability, flexible working and change of company policy

Mistermeaner

hi

my company has a flexible working policy for office staff of 3 days in 2 at home. It’s not contractual and subject to review discretionary blah blah blah

The company is changing this to be mandatory 4 days in office

due to health condition I have been classed as disabled by occupational health after review and have in place a flexible working arrangement (confirmed in writing) that I do 2 days a week in office

Does the change in company policy automatically change anything for me ? I would assume not and assume that someone would need to communicate directly with me if anything in my individual arrangement was changing but wanted to check views of folk on here

thanks

Savvy_Sue

My view is that it would be dangerous to assume anything. If not now, then in the future, a new manager unaware of your arrangements may not accept them.

strawb_shortcake

When I put one of my team through OH, I was advised it was only recommendations and they are not legally binding. I think it's something you'd need to discuss with your manager.

LightFlare

I would say that it depends on what the exact wording and scope of the arrangement you have in writing says

BridgetTheCat

First of all dig out that confirmation in writing of your reasonable adjustment that you only do 2 days in the office, then remind your line manager of it in light of the new policy. Employers are required under the Equality Act to make reasonable adjustments for employees with disabilities and updates to general policies shouldn’t change these individual arrangements but in my experience it’s as well to remind line managers periodically exactly what’s in place to help you work effectively.

QrizB

OP is this a continuation of your previous issue from 18 months ago?

Or was that problem resolved, and this is a new one?

https://forums.moneysavingexpert.com/discussion/6579732/advice-required-regards-employment-situation-rights-location-of-work

Mistermeaner

hi it is a recent and specific change in company policy that prompted my post. The previous issues went quiet in that the problem manager backed off albeit I expect it all to come up again at some point hence wanting to understand the status of my flexible working arrangement in light of the change in policy thanks

Grumpy_chap

I think it might be sensible to drop a friendly email to the person responsible that sent round the revised policy to just clarify your understanding that the previously agreed flexible working arrangement continues unchanged.

If you hear nothing more, then carry on as you are.

It might not be surprising if the company does not repeat their assessment of the flexible working arrangement. Firstly, the company don't know whether your condition has changed. Secondly, the company can then be seen to be treating everyone fairly - in the event of challenge from others, the response can honestly be that they reviewed your flexible working in light of the revised policy and it remains appropriate.

ohreallƳ

Occupational health can simply report advice that in their opinion one or more of your conditions may be covered under law.

Only an employment tribunal can state whether or not you are disabled in terms of legislation.