Remote Working Adjustment
The client sought assistance regarding an employment law matter under the Equality Act 2010. They requested a reasonable adjustment to work from home permanently, instead of attending the office once a week. The employer initially allowed the adjustment temporarily as part of a phased return but refused to make it permanent, planning to review this arrangement after a couple of months. This situation involves issues of reasonable adjustment and potential discrimination.
Questions about this case
What are my options if I'm not satisfied with my employer's decision to reject my reasonable adjustment request under the Equality Act 2010?
If you're unsatisfied with your employer's decision, consider engaging in dialogue to understand their perspective and further explain your needs. You can use your employer’s grievance procedure to formally raise your concern. Mediation can also be an option to resolve disputes amicably. If these steps are unsuccessful, you may explore filing a claim at the Employment Tribunal for discrimination on the grounds of disability after ensuring you've documented your process adequately.
How can I demonstrate that working from home permanently is a reasonable adjustment necessary due to my specific circumstances?
To demonstrate that working from home permanently is a reasonable adjustment, highlight how this arrangement accommodates your specific needs related to a disability or long-term health condition. Show that working from home enables you to perform your job effectively without undue stress. Emphasise any previous success with remote work, and document any discussions with your employer and medical recommendations supporting your case.
What steps can I take to appeal the decision regarding my reasonable adjustment request?
To appeal the decision, first review your employer's reasonable adjustment policy. Document your communication and rationale for the request. Raise a formal grievance, detailing the impact of their decision on your health and work performance, and reference the legal obligations under the Equality Act 2010. If this does not yield results, consider seeking assistance from an employment tribunal.
What evidence should I gather to strengthen my case in arguing for a permanent reasonable adjustment?
To strengthen your case, gather evidence such as: 1. Medical documentation supporting the necessity of working from home due to your condition. 2. Records of your job performance while working remotely. 3. Correspondence showing previous successful temporary adjustments. 4. Documents detailing your role and its compatibility with remote work. 5. Any relevant company policies on similar adjustments.