More and more employers are requiring their staff to return to the office on a full time or hybrid basis. However, some disabled employees will find it difficult to comply with such a change to their working practices. If you are disabled and being adversely affected through working at the office, you might consider making a request for a reasonable adjustment.
The Right To Request Reasonable Adjustments (Work From Home)
If you are a disabled person, the Equality Act 2010 imposes a legal duty on your employer to make reasonable adjustments in order to mitigate any substantial disadvantage you suffer because of your disability. To breaking this down in the context of working from home:
Are You A Disabled Person?
The employer’s duty only applies if you are a disabled person. The Equality Act 2010 states that a disability is a “physical or mental impairment which has a substantial and long term adverse effect on [the disabled person’s] ability to carry out normal day to day activities”. More information and detail about who would be a disabled employee for the purposes of the Equality Act 2010 is available on our website at https://lincslaw.co.uk/blog/are-you-a-disabled-employee/
Does Your Employer Know That You Are A Disabled Person?
The employer’s duty only applies if they are aware (or should be aware) that you are a disabled person. The Employment Tribunal see many, many arguments about what an employer did or did not know – an employee’s claim or request for reasonable adjustments being wholly dependant on the answer.
Whilst I understand disabled people may be reluctant to share the details of their disability, in the context of requesting to work from home as a reasonable adjustment, it is important to remove all doubt. Tell your employer you are disabled and, ideally, do so in writing so that you can prove your employer knew. You don’t want their knowledge to be disputed in the future.
How Will You Be Substantially Disadvantaged By Working From The Office?
Obviously, this will depend on the nature of your disability. The premise is that due to your disability, you are substantially disadvantaged when compared to others who do not have your condition. For example:
- Does your disability make you more vulnerable to infections or viruses? If so, would working at the office put your health at greater risk than your colleagues?
- Does your disability affect your mobility? If so, would working at the office cause you greater discomfort and fatigue than your colleagues?
- Does your disability cause you to feel anxious and overwhelmed when there are too many people around? If so, would working at the office impact on your health and put at risk when compared to your colleagues?
- Does your disability mean you struggle to concentrate with other people nearby? If so, would working at the office impact your work and put you at risk or performance or disciplinary procedures when compared to your colleagues?
How Would Working From Home Mitigate These Substantial Disadvantages?
You might think the answer to the above question is obvious, but it is important to consider. Taking our first example above of the disabled person vulnerable to infections and viruses, their working from home would significantly reduce their exposure to others (outside of those already living with them) and reduce the risk of them contracting an infection or virus. In your request it is important to be clear and specific about why working from home would help you – don’t assume this is obvious.
Would An Adjustment To Work From Home Be Reasonable?
This would be specific to your role and the work you do. In deciding whether to agree to an adjustment to work from home employers must consider whether the adjustment is reasonable. This is not an exhaustive list, but employers will usually consider matters such as:
- Whether remote work is feasible;
- Any additional cost;
- Any additional risk (confidential information, cybersecurity etc);
- The resources available etc
Sample Request To Work From Home As A Reasonable Adjustment
If you are working at the office and want to work from home (or working from home but your employer now wants you to work from the office), the suggested request below may help you. Please make sure you amend to reflect your personal circumstances.
Dear [Employer/Manager’s Name],
Subject: Request for Working from Home as a Reasonable Adjustment
I hope this message finds you well. I am writing to formally request a reasonable adjustment under the Equality Act 2010 to allow me to work from home due to my disability.
My disability is [explain the condition you have]. Due to my disability, I have the following difficulties [vulnerability to infection and viruses, mobility problems etc]. As you will appreciate, this means working from the office presents barriers for me when compared to my colleagues who do not have my disability. I believe that working from home would help mitigate these barriers and allow me to perform my role more effectively.
Benefits of Working from Home:
- [Explain how working from home will support your condition, e.g., “Reducing the strain caused by commuting” or “Allowing me to better manage symptoms with access to necessary medical equipment.”]
- [If applicable, mention any evidence from a healthcare professional supporting your request.]
Proposed Plan:
- I am happy to discuss how this adjustment can be implemented.
- I will ensure that I maintain productivity and communication and adhere to all company policies and procedures.
- I am open to suggestions regarding how best to balance this adjustment with the business’s needs.
I would be happy to provide further details, including medical documentation, to support my request. I am confident that this adjustment will not only help me manage my condition but also allow me to contribute effectively to the business’s goals.
I kindly request a meeting to discuss this matter further at your earliest convenience. Thank you for considering this request, and I appreciate your support and understanding.
Yours sincerely,
What Do You Do If Your Request To Work From Home Is Refused?
The employer has a legal duty to make reasonable adjustments for a disabled employee. Therefore, in the event they breach that duty you may be able to pursue a claim at the Employment Tribunal. You do not need to leave your employment to start a claim and can do this whilst you are still an employee. More information about Employment Tribunal claims is available on our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
However, before getting to the stage of Employment Tribunal litigation, you should first use any internal procedures your employer has. Indeed, the Employment Tribunal will expect you to do so. If your employer has a Diversity & Inclusion Policy or a Grievance Policy you should progress the matter using those procedures. Even if there is no formal policy, you should at least write a letter of Complaint/Formal Grievance. More information is available on our website at https://lincslaw.co.uk/blog/need-to-send-a-grievance-or-complaint-to-your-employer/
Please keep an eye on time limits, even if you are going through an internal procedure. If your request to work from home is refused, you will have three months less one day from the date you were notified of the refusal to start the Employment Tribunal litigation process. More information is available on our website at https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
Lincs Law Employment Solicitors Can Help You
If you need help requesting to work from home, or if your request has been refused by your employer, call us on 01522 440512 for a free, no obligation enquiry. Alternatively, book yourself a call on our website. We would be very happy to help.
Sally Hubbard
Managing Director, Specialist Employment Solicitor
Lincs Law Employment Solicitor
Tags: disability discrimination reasonable adjustments disability reasonable adjustments employment reasonable adjustments lincs law employment solicitors sally hubbard work from home work from home discrimination work from home reasonable adjustment
