Work question - reasonable adjustment or flexible working request?

[Holly75]

I work 4 days a week. From September last year I had started to return 3 days a week to the office as per the new co. policy.

Work was stressful in December & I had some family stress at Christmas. I’m sure this all contributed to the worst flare up I’ve had in a long time which I’m hoping is starting to subside now. This week I couldn’t drive due to the pain & the mornings are awful. If I hadn’t been able to work from home I’d have had to call in sick. I had video calls with my manager where I got very upset as the pain was getting me down. We are very busy at work so I was happy to carry on but it was good being at home so I could have my hot water bottle and take breaks when I wanted.

My manager said to me that soon they will be expecting everyone back again 3 days a week & that I should perhaps consider making a flexible working request to just do 2 days in the office not 3. She said they would consider any flex working proposal I put forward as they want to help & know it’s not easy for me. She said I would need to do this really otherwise would be expected to follow the policy of in 3 days as otherwise it wouldn’t look fair to others.

Having done some reading I can see that there are flexible working requests & also reasonable adjustments for people with a disability. I’m now wondering if I should be requesting wfh 2 days out of 4 as a reasonable adjustment rather than a flex working request? Is it more likely that they would have to agree to a reasonable adjustment request than a flex working request? I’ve never had any real issues before with my RA at work however last year I had the best year ever in 14 years of having it & even managed to stop my meds for months. All of this was while working from home & it makes me wonder if this helped my RA as no rushing in the mornings, no commute, no sat in one spot for hours in office etc and just generally less stressful. Therefore I would love to make wfh a more permanent thing but I also need some interaction for my mental health and to engage with my colleagues about work. Management are very keen on face to face interaction and my boss in particular I think gets frustrated with doing everything by zoom! Some people are reluctant to return and I know this hasn’t gone down well.

What I’m trying to say is would I have more chance of them agreeing to my permanent request to do 2 days at home if I suggested it as a reasonable adjustment? Or should I do as my boss suggested & make a flex working request which the policy states they could refuse?

I’m just conscious that the timing of it looks as though I’m reluctant to go back 3 days and I’m worried people might think I’m using my condition as an excuse. The other thing is, as my husband pointed out is that even if only had to go in 2 days, with a flare up like this I wouldn’t even be able to manage that so how do I deal with that in my request?

Has anyone else requested more working from home & did you make a flex request or ask for it a as a reasonable adjustment?

Thanks for any help or suggestions with this.

[Blueskysunshine]

Hello Holly, I’m sorry to read that you’re struggling at the moment. I empathise with you having been in remission myself in 2020 then finding my RA roaring again.

The phrase that sticks out for me is “This week I couldn’t drive due to the pain & the mornings are awful. If I hadn’t been able to work from home I’d have had to call in sick.” To me, that would suggest going down the Reasonable Adjustment route, but I’m no expert.

Do you have an HR department or someone who could guide you? Who will be the person signing this off, and who could give you the best advice in the firm? Has anyone else gone through this, that you know of?

Hopefully someone on here will have more first hand experience they can share with you but I send you my very best wishes for reaching a positive outcome xx

[AgedCrone]

I don’t know the answer to your question but I wonder ..have you gone back on your meds…or at least spoken to your rheumy nurse?

You say you stopped your meds for “months” sometimes that kind of pings a switch & just starting back on the same regime doesn’t have the same effect …so maybe a med review would be the answer….pain & job sorted?

[3LittleBirds2]

Hi Holly

I had to do this last year when my Employer was trying to get me back into the office, I was still waiting for my treatment in the middle of a Pandemic.

The first thing I should say is do not worry what anyone thinks of you, it's you and your health that matters, and while yes, you're being paid to do a job, we're only numbers on a payroll but we do have rights.

For me personally i did mine as a reasonable adjustment as they tend to take notice of that because they have to, I also got a letter from my Consultant to support it. I had a Occupational Health Call and they wrote a report for my Manager recommending I was to work from home. I did initially ask forhelp from my union but in the end I did it all myself.

Like you, I have less stress from commuting, the office politics, etc , but I do miss the interaction with colleagues especially as the majority are now back in the office and I do feel very isolated now the majority are not working from home, if I was younger I think I would feel more like I was missing out especially if I wanted promotion etc. But, the days when feeling rough when normally I may have called in sick, I have been able to work, I was also given given a role that does not include any F2F contact but it's not very challenging.

If you want anymore info please message me, good luck and remember to look after yourself! 🙂

[tsom]

I went down the reasonable adjustment route as my manager was completely against WFH (this was pre pandemic) and there was no problem. I believe the principle of reason adjustment Is very well understood and accepted by most employers. Good luck!

[sylvi]

From someone who hasn't worked since 2009 i don't know, but what i will say if you don't ask you won't know. If you get flexi time surely you will work better for you company darling. xxxxx

[aliplayspiano]

I can’t work from home as I am a receptionist in a university. I work 5 hours a day. A couple of years before covid I was really struggling when I was on the early shifts as it took me a while to get going in the morning! I requested a referral to OH. The doctor was very good and his recommendation to HR was that I be given later shifts. I assume this would be classed as a reasonable adjustment and the uni have to adhere to it. His comment was that he didn’t think I needed to stop working as long as things could be put in place to help me carry on. I have just put in a request to cut my hours down to 3 days a week. This is classed as flexible working and the employer is within their rights to refuse if they think it would negatively impact the service.

[Hidden in reply to aliplayspiano]

That’s another ‘reasonable adjustment’. You are covered by law.

equalityhumanrights.com/en/...

[Runrig01]

I would advise you to go down the reasonable adjustment route. I retired 3yr ago, and was a nurse. I would suggest asking for an occupational health referral. They can discuss your day and offer advice. I seen OH many times over the years, they were excellent, advising no night shifts due to the time sensitivity of meds, tried working shorter shifts which for me was worse as I had less days off to recover. I worked 3 x 12.5hr shifts, and they tried 5x7.5. We tried more breaks through my shift. Your employers are not obliged to follow their recommendations, it has to be what they consider reasonable. In 2018 I was really struggling and seen OH, both they and my ward manager recommended reducing my hours to 22.5, working 3 x 7.5hrs. This dragged on for months whilst my manager gathered evidence. In the end it was declined by the senior matron, who said it would set a precedence for other ward sisters to want part time hours. Unfortunately they didn’t see it as reasonable, my union rep advised we go down tribunal route. Unfortunately I had another illness lurking I didn’t know about, adrenal insufficiency. It resulted in an adrenal crisis causing a massive stroke at 52. So the decision was taken out of my hands, and I had to apply for Ill health retirement, which was another stressful process. You may find that OH come up with useful adjustments, one of the others they helped with was the number of sickness episodes to trigger the sickness disciplinary procedures, which was 3 episodes or more in a year. That could be 3 single days. They said due to my biologics I was at a higher risk of infections and flares from holding off meds when infected and recommended I be allowed 7 episodes a year. You’ll be surprised at what they come up with to make your working day easier. Sorry this is so long winded, but good luck 🤪🤗

[Hidden]

Morning. You are covered under the Equality Act if you are disabled/ have a chronic condition which affects your day to day life. I would request a ‘reasonable adjustment’ due to your condition. I have done this is the past. You save so much day by not having to get washed and dressed and travel!! You are also at a constant temperature, and can rest when you want.

equalityhumanrights.com/en/...

I used to have a ‘floating’ going in day to coincide with meetings etc. Do what works best for you. Good Luck.

[Hidden]

Hello Holly do take a look at these two NRAS publications nras.org.uk/product/i-want-... and this one for your employer nras.org.uk/product/an-empl... It sounds like they are open to adjustments so you might not need these but just in case. And if you want to talk about it with our helpline they are on 0800 298 7650 Mon-Fri 0930-4.30.

[emma88]

Hey. I work in retail which isnt the best job with this condition but trying to get a different job hasnt gone well for me ive been declined from god knows how many jobs for years haha i used to work all day or do a lot of afternoon shifts, 6 o clock finishes. In 2020 i had to request for morning shifts to try and help as i had gotten really bad and ive always suffered with major fatigue since having my RA and for some reason it seems to hit the worst in the afternoons, my manager said she would have to ask HR about my request, they said she would have to accept my request as i have a condition that can effect day to day living and work and asked for access to my medical records and had me fill out a form i was then put on flexi working which meant i only work the shifts and hours that i have requested. Not to sure if you would be put through as flexi but dont feel guilty for asking to do what will help you, i always feel guilty still two years on that i only do early afternoon finishes now but then i think i worked years doing 9 hour shifts on my feet suffering on my joints and energy levels and my health is more important. You have to do whats best for you sometimes ive had my condition for around 10 years now and still push myself too much when i know i shouldnt so asking for help now and then should be ok and is whats needed. Your managers and colleagues should be fine with it and should understand. Id say just ask to speak to your manager and explain how you feel and what you would like to request work wise and just see what they say

[HappykindaGal]

As an employer, I’d say both can be refused if it doesn’t work for the business. You don’t mention what you do, type of company, size etc...so it’s impossible to be able to advise you either way.

My suggestion is to speak to someone with the knowledge to answer your question. ACAS have a great helpline and it’s free and they will be able to give you a steer on this. acas.org.uk/contact