What happens when your disability and/or your medication means that you can’t work the hours your employer wants? You can ask your employer to change your days and hours of work as a reasonable adjustment. Read on to find out more.
The Right To Request Reasonable Adjustments (Change of Hours)
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. Breaking this down in the context of working hours:
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 employers’ 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 if this becomes a matter of dispute in the future.
How Will You Be Substantially Disadvantaged By The Hours Your Employer Wants You To Work?
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 mean that you are tired at certain times of the day? If so, would working at those times cause you greater discomfort and fatigue than your colleagues?
- Does your disability affect your concentration? If so, would working at those times cause you greater discomfort and fatigue than your colleagues?
- Does your disability cause you physical discomfort? If so, would working full days impact on your health and put at risk when compared to your colleagues?
- Does your disability mean you have to eat at certain times and have certain breaks? If so, would the hours your employer requires impact on your health and put at risk when compared to your colleagues?
The above are examples but not exhaustive. You need to think carefully about your disability and the substantial disadvantage you are suffering.
How Would Changing Your Hours 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 struggling with fatigue, changing hours may mean they are able to function better and manage their disability, medication etc.
Would An Adjustment To Change Hours Be Reasonable?
This would be specific to your role and the work you do. In deciding whether to agree to an adjustment to work different hours, employers must consider whether the adjustment is reasonable. This is not an exhaustive list, but employers will usually consider matters such as:
- Whether changing hours is feasible;
- Any additional cost;
- Any additional risk (confidential information, cybersecurity etc);
- The resources available etc
Making A Request To Change Your Hours As A Reasonable Adjustment
If you want to change your hours of work, 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 Change of Hours 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 change my hours of work due to my disability.
My disability is [explain the condition you have]. Due to my disability, I have the following difficulties [fatigue, concentration, need to eat certain times etc]. As you will appreciate, this means working my current contractual hours presents barriers for me when compared to my colleagues who do not have my disability. I believe that changing my working hours would help mitigate these barriers and allow me to perform my role more effectively.
Benefits of Changed Hours:
[Explain how changing hours will help you, e.g “allowing me to better manage my condition” or “access necessary medication” or “improve concentration working in short bursts with more frequent breaks”]
[If applicable, mention any evidence from a healthcare professional supporting your request.]
Proposed Plan:
[Set out what you want. For example:
- Shorter working week:
- Shorter days:
- Differently timed days:
- More frequent breaks:
- No night work etc].
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 Change Hours 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 disability change hours disability discrimination lawyer disability discrimination lawyer lincoln disability discrimination solicitor disability discrimination solicitor lincoln disability reasonable adjustments employment tribunal disability claim
