The Equality Act 2010 aims to protect individuals from discrimination in the workplace and imposes duties on employers, including to make reasonable adjustments in order to mitigate any substantial disadvantage an individual experiences because of their disability. If your employer has refused your request for an adjustment to work from home, we are specialist employment solicitors and we are here to help. Please read on to find out more.
Reasonable Adjustments: An Overview
Firstly, an employer’s duty to make reasonable adjustments only applies if you have a disability. Section 6 of the Equality Act 2010 defines a disability as 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 about the definition of disability pursuant to the Equality Act 2010 can be found here – https://lincslaw.co.uk/blog/are-you-a-disabled-employee/
Importantly, an employer’s duty also only applies if they are aware (or should be aware) that you are a disabled person.
If you have a disability and your employer knows (or should be aware) that 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 experience because of your disability.
What reasonable adjustments you require will ultimately depend on your personal circumstances, particularly how your disability affects you day-to-day and the nature of any disadvantages you experience at work.
One example of an adjustment could be working from home for some or all of your working hours. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/disabled-person-work-from-home-as-a-reasonable-adjustment/
I Am A Disabled Person and My Request To Work From Home As A Reasonable Adjustment Was Refused – What Should I Do Now?
If your request to work from home has been unreasonably refused, we suggest you submit a Formal Grievance to your employer. A Formal Grievance is an employee-led concern.
Raising a Formal Grievance is important because:
Your Employer Could Agree To Your Request To Work From Home
If you decide to raise a Formal Grievance, your employer should follow their own grievance procedure (if they have one). In any event, they should follow the ACAS Code on Disciplinaries and Grievances. Essentially, your employer should:
- Meet with you to discuss your concerns;
- Allow you to be accompanied at the meeting/hearing (for more information about this, please see here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-grievance-hearing/)
- Investigate your Formal Grievance (if necessary);
- Decide on what action, if any, should be taken in relation to your Formal Grievance;
- Confirm the outcome to you in writing and provide you with the opportunity for you to appeal the outcome, if necessary.
Once your employer has considered your Formal Grievance, there could be several different outcomes, including action being taken by your employer. This could include permitting you to work from home, as requested. One benefit of raising a Formal Grievance is therefore that matters could be resolved.
Please note, your employer’s original refusal may give rise to a claim in the Employment Tribunal (as below). Therefore, notwithstanding any internal grievance procedure, it is always advisable to seek legal advice from a specialist employment solicitor as soon as possible. Here at Lincs Law Employment Solicitors, we would be delighted to help. For a free consultation, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Raising a Formal Grievance May Provide Evidence to Support an Employment Tribunal Claim
A Formal Grievance and any subsequent investigation may provide evidence to further support a claim in the Employment Tribunal. For example, a claim for failure to make reasonable adjustments contrary to the Equality Act 2010 (as below).
For more information about this type of discrimination claim, please see here – https://lincslaw.co.uk/services/employees/workplace-problems/disability-discrimination/
Not Raising a Formal Grievance May Affect Compensation Awarded By An Employment Tribunal
If your employer has refused your request to work from home, this may give rise to a claim in the Employment Tribunal (as below). It is therefore important to note an Employment Tribunal Judge will expect you to have raised matters and engaged with internal processes. They can reduce your compensation if you have failed to do so.
Here at Lincs Law Employment Solicitors, we are specialist employment solicitors and would be delighted to help. For a free consultation, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Raising a Formal Grievance May Provide You With Further Legal Protection
If you have raised concerns about discrimination (such as failure to make reasonable adjustments) within your Formal Grievance, this may provide you with further legal protection should matters worsen within your employment.
This is because your Formal Grievance may constitute a “Protected Act” under the Equality Act 2010. In these circumstances, you could have an additional claim of Victimisation in the Employment Tribunal if matters worsen within your employment.
Some examples of Victimisation which could give rise to a claim in the Employment Tribunal are:
- You submit a Formal Grievance about your employer failing to make reasonable adjustments in relation to your disability but soon after you are subjected to unsubstantiated disciplinary proceedings.
- You submit a Formal Grievance about your employer failing to make reasonable adjustments in relation to your disability. Your employer goes through a grievance procedure and you are then unfairly selected for a redundancy process.
- You submit a Formal Grievance about your employer failing to make reasonable adjustments in relation to your disability. They therefore decide to reject you for a promotion.
- You submit a Formal Grievance about your employer failing to make reasonable adjustments in relation to your disability. You are then isolated and ignored by management.
For more information about a claim of Victimisation in the Employment Tribunal, please see here – https://lincslaw.co.uk/blog/do-i-have-a-victimisation-claim-in-the-employment-tribunal/
Failure To Make Reasonable Adjustments Claim In The Employment Tribunal
If your employer has refused your request for an adjustment to work from home, you may have a claim in the Employment Tribunal. Therefore, make sure you keep an eye on your calendar! You need to keep in mind there are strict time limits for claims in the Employment Tribunal which run from the act complained of, even if you have submitted a Formal Grievance. Do not allow any grievance procedure distract from time limits in the Employment Tribunal!
You must start the Employment Tribunal process within three months (less one day) of the act complained of. You start this process with something called ACAS Early Conciliation. For more information about time limits in the Employment Tribunal, please see here – https://lincslaw.co.uk/blog/is-your-employment-tribunal-claim-in-time/ and https://lincslaw.co.uk/services/employees/workplace-problems/disability-discrimination/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand raising a Formal Grievance at work can feel daunting. Please do not worry, we are here to help. For a free consultation with me or one of our team, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: disability discrimination disability discrimination claim employment solicitors failure to make reasonable adjustments formal grievance Kate Key Lincs Law Employment Solcitors specialist employment solicitor victimisation claim work from home work from home discrimination work from home reasonable adjustment
