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 Reduced Hours / Flexible Working Rejected
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lgd-admin
Starting Member

United Kingdom
1 Posts

Posted - 13/08/2014 :  15:28:28  Show Profile  Reply with Quote
Hi guys and girls, I need to find someone I can get advice from re. employment and disabilities / medical conditions etc. I was diagnosed with my medical condition in Jan 2013 after suffering with it for approx 7 years. I never hid it from my employer but now I'm having a hard time because of it. I work 40 hours (5 consecutive days) per week but I'm struggling more and more with it now. I collapsed in work and was signed off for 5 weeks. I came back on a phased return for 2 weeks (which my employer was reluctant to allow) then back to a full 5 day week again this week.

I put in an application to reduce my hours to allow for a 1 day break mid-week to be able to cope (on a flexible basis with adequate notice given to be able to change the day off if needed for a different appointment) - this was recently rejected. The way they've worded the rejection makes it clear that there is no point in appealing the decision.

If I just simply handed my notice in I wouldn't be entitled to any benefits would I, even due to medical grounds? I really need to find something that offers me less hours so I don't keep having to take holidays for my medical appointments which are 40+ miles away from where I live.

I just need to know where I stand from a legal point of view I suppose because everything I've tried so far hasn't worked. Either that or I need to find a part-time job that will work around my condition. If anyone could recommend someone for me to speak to about this I would be very grateful.

Where I work doesn't even have an up to date Health & Safety notice displayed (it was well out of date before I even started here 2 years ago), was without a first aider when I collapsed on site and there is no HR department here to go to.

Neil
Member

39 Posts

Posted - 21/08/2014 :  18:35:25  Show Profile  Reply with Quote
Firstly, you don't need to take any holiday or have days counted as sick days for a medical appointment. All you have to do is inform your employer that you have a doctors appointment and they have, by law, to give you time off, with pay.

Secondly they have to make a reasonable adjustment, to enable you to carry on working. What reasonable adjustment is is open to interpretation, however I would have thought reducing your hours would be reasonable.

The LAW https://www.gov.uk/rights-disabled-person/employment

It sounds like your employer is being deliberately difficult, they cant sack you, but neither can they make life for you so difficult that you are forced to resign.

You could try talking to the disability employment advisor (DEA) at your local job center. Although their main role is to get peple into employment, they might help if your continued employment was at risk.

You could also seek help from ACAS http://www.acas.org.uk/index.aspx?articleid=1859

Or the citizens Advice Bureaux http://www.adviceguide.org.uk/england/discrimination_e/discrimination_discrimination_because_of_disability_e/disability_discrimination.htm

In my opinion you have a case against this employer
Neil
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Carolyn
Starting Member

United Kingdom
1 Posts

Posted - 01/06/2015 :  16:59:23  Show Profile  Reply with Quote
Sounds like you have a real case here against your employer
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