Tuesday Q&As

28.5.24

1. Return to the office and possible disability discriminationUnauthorised pay cut?

2. Told to change working hours during notice period - Can they do that?

3. Cancelling holiday at short notice. Can employer do that?

4. Leaving without notice - Can my employer do anything towards me?

5. Shortchanged on holidays

6. Term time drivers and holiday entitlement

7. Redundancy or TUPE?

8. Non-payment for bank holidays over Christmas - Can they do that?

9. Notice period not worked and pay withheld

10. Overtime and holiday - should I receive enhanced holiday pay

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1. Return to the office and possible disability discrimination

Q. I have a disability (chronic fatigue from long covid, chronic back pain w limited mobility due to a birth injury& accident - I receive PIP higher daily living rate& lower daily living rate (appealing this as my mobility using a mobility aid is less than 25m). My condition is going on 6 years, & pandemic allowed me to return to work. My job is nw insisting on RTO - twice a week. I was working remotely at another job & agreed ro come in twice a month. The RTO is tough for me & cnt wrk fulltime nw

A. Under the Equality Act 2010, employers are required to make reasonable adjustments for employees with disabilities. Chronic fatigue from long COVID and chronic back pain are conditions that could be considered disabilities under the Act, particularly given their impact on your daily activities and work capabilities.

Given your conditions, reasonable adjustments might include:

• Continued remote work: Arguing that you can perform your duties effectively from home, as you have done previously.

• Flexible working hours: Adjusting your schedule to avoid peak travel times or allowing you to work part-time if full-time is unmanageable.

• Assistive equipment: Provision of ergonomic furniture or other aids to support your mobility and comfort in the workplace.

I suggest you obtain medical evidence that outlines your condition and the impact it has on your ability to travel and work in the office. This can be from your GP, specialist, or another medical professional. Detailed medical notes will strengthen your case for reasonable adjustments.

Then you should have a conversation with your employer about your difficulties with RTO and explain your need for reasonable adjustments. It’s beneficial to provide them with your medical evidence and suggest possible accommodations that would help you perform your job effectively.

You also have the right to request flexible working arrangements. This could include continuing remote work or reducing your hours. While your employer must consider your request, they can refuse it on specific business grounds. However, they must provide a valid reason.

If your employer denies your request for reasonable adjustments, you can appeal their decision. Ensure you outline why you believe their decision is unreasonable and how the proposed adjustments would help you.

If all internal avenues fail and you believe your employer is not complying with their duty to make reasonable adjustments, you can take your case to an Employment Tribunal.