Request for part time because of health denied
Discussion
Hello
My partner has been working for a large uk based company for 2 years. She has epilepsy which was declared on joining the company. She was initially full time but her epilepsy started getting worse so requested part time and was given it.
Then her epilepsy seemed to be under control and she applied for a slightly different but full time role in the same company.
Unfortunately since doing full time again epilepsy has played up again and she’s currently off sick. I’ve come to the conclusion that she physically/mentally can’t do full time especially with the medication she is on which suppresses your immune system and makes you tired all the time.
She has gone back to request part time in this new role but they are saying that due to a recruitment freeze part time can’t be offered. She is not part of a union. Is there any way she can legally request it and be given it? The situation is if she can’t she will have to leave because of her health.
Any help would be great.
Thanks
My partner has been working for a large uk based company for 2 years. She has epilepsy which was declared on joining the company. She was initially full time but her epilepsy started getting worse so requested part time and was given it.
Then her epilepsy seemed to be under control and she applied for a slightly different but full time role in the same company.
Unfortunately since doing full time again epilepsy has played up again and she’s currently off sick. I’ve come to the conclusion that she physically/mentally can’t do full time especially with the medication she is on which suppresses your immune system and makes you tired all the time.
She has gone back to request part time in this new role but they are saying that due to a recruitment freeze part time can’t be offered. She is not part of a union. Is there any way she can legally request it and be given it? The situation is if she can’t she will have to leave because of her health.
Any help would be great.
Thanks
Has her employer sent her to occupational health? Or at least has she been to her doctor to get a full assessment on her health and ability to complete her job? Official medical advice is the best way to proceed here as her employer is compelled to make reasonable adjustments to accommodate her health in her current role.
ETA if her employer doesn't have a company doctor/appointed OH, have her make an appointment with her own doctor and explain she needs a report on her current health to provide to her employer for them to make adjustments for her to do her job.
If the employer continues to refuse, you might have to go official about it and look at the legal side. Epilepsy is almost certainly covered under the disability act so they (her employer) cannot f'ck around here otherwise they will be in trouble.
ETA if her employer doesn't have a company doctor/appointed OH, have her make an appointment with her own doctor and explain she needs a report on her current health to provide to her employer for them to make adjustments for her to do her job.
If the employer continues to refuse, you might have to go official about it and look at the legal side. Epilepsy is almost certainly covered under the disability act so they (her employer) cannot f'ck around here otherwise they will be in trouble.
Edited by parabolica on Thursday 18th April 09:41
Companies have to make reasonable adjustments, if the role she is in requires a full time staff member and they cannot currently recruit they cant make it a job sharing role so they appear to have considered her request but at the present time cannot offer the adjustments.
There is probably a way of asking for an appeal but its unlikely they will change their mind so why not ask them what adjustments they could make instead.
There is probably a way of asking for an appeal but its unlikely they will change their mind so why not ask them what adjustments they could make instead.
Thankyou for your replies.
Yes there is OCH in the company which she uses last time but I don’t think she has for some reason this time. I’ve told her to contact her dedicated epilepsy nurse ( who actually thinks she shouldn’t work at all) to write a letter saying that she really needs part time because of her health. Hopefully once she has this then I’ll get her to send this to OCH. I’m sure this will help.
Epilepsy is definitely covered under the discrimination act. When she joined the company her disability was fully disclosed.
As the last poster suggested if they say no could ask what reasonable adjustments could they make. It’s a work from home position where they get 7 or 8 cases ( nothing to do with legal world) per day. Surely they could give her half the amount.
We will keep pursuing as she enjoys this work and doesn’t want to give it up purely because of her health.
Yes there is OCH in the company which she uses last time but I don’t think she has for some reason this time. I’ve told her to contact her dedicated epilepsy nurse ( who actually thinks she shouldn’t work at all) to write a letter saying that she really needs part time because of her health. Hopefully once she has this then I’ll get her to send this to OCH. I’m sure this will help.
Epilepsy is definitely covered under the discrimination act. When she joined the company her disability was fully disclosed.
As the last poster suggested if they say no could ask what reasonable adjustments could they make. It’s a work from home position where they get 7 or 8 cases ( nothing to do with legal world) per day. Surely they could give her half the amount.
We will keep pursuing as she enjoys this work and doesn’t want to give it up purely because of her health.
blue_haddock said:
Companies have to make reasonable adjustments, if the role she is in requires a full time staff member and they cannot currently recruit they cant make it a job sharing role so they appear to have considered her request but at the present time cannot offer the adjustments.
There is probably a way of asking for an appeal but its unlikely they will change their mind so why not ask them what adjustments they could make instead.
They can recruit. They are choosing not to. That decision to freeze hiring has to be reviewed in the context of her request.There is probably a way of asking for an appeal but its unlikely they will change their mind so why not ask them what adjustments they could make instead.
Acas has guidance on making a statutory request for flexible working: https://www.acas.org.uk/acas-code-of-practice-on-f...
Ideally an internal appeal should be the first opportunity to see if there is any scope in changing the original decision.
As someone else said the employer has to be careful here because if they don’t handle the request in a ‘reasonable manner’, which in this case should include taking the disability into consideration and trying to be as flexible as possible, they could be taken to a tribunal on a number of grounds.
Acas have a helpline so might be worth speaking to them for advice if there is no union representation.
Ideally an internal appeal should be the first opportunity to see if there is any scope in changing the original decision.
As someone else said the employer has to be careful here because if they don’t handle the request in a ‘reasonable manner’, which in this case should include taking the disability into consideration and trying to be as flexible as possible, they could be taken to a tribunal on a number of grounds.
Acas have a helpline so might be worth speaking to them for advice if there is no union representation.
Masiv said:
She can join a union any time. She should join one and get advice.
A union will not act for a prep existing problem. It's like phoning direct line up after you've crashed your car and then asking to be covered.They may be able to give general advice, but will not represent.
SD.
shed driver said:
A union will not act for a prep existing problem. It's like phoning direct line up after you've crashed your car and then asking to be covered.
They may be able to give general advice, but will not represent.
SD.
General advice is what I meant. It would be a way to get legal advice for just the price of membership. They may be able to give general advice, but will not represent.
SD.
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