Published on 12, July, 2020
Hi
I was wondering if anyone can help me to fill out a flexible working request.
On the form it says I need to write what affect this will have on the company and colleagues. I am applying to go from full time to 3 days a week.
I also wondered if this request shouldn't be a reasonable adjustments request instead. My boss have already made it clear to me that the business can't accommodate part time working, but it's due to my disability that I would like to request to work 3 days a week.
Not sure where I stand with this, I already have a employment tribunal claim against my work and they have admitted all their failures but is now sending me to a specialist because they say autism doesn't fall under the equality act.
I really want to work and I am worried I will never find another job.
Hope someone can help me with this flexible working request.
Thank you.
I don't think going from 5 to 3 days could be classed as a reasonable adjustment, it's a 40% reduction in work time rather than a relatively minor change to help accommodate specific needs.
You need to look at what parts of your job will need to be done by other people, either specific daily tasks or general work that would need to be done by others due to the reduction in your working time.
In terms of your employer considering the application that's as far as they are required to go. They have to consider your application, they don't have to agree to it and if they have a valid business reason, which can be as much as it would mean the team would have to take on two days additional work ans they don't think they can cope with that then they are within their rights to deny the request.
I would say it may also be looking at reasonable adjustments which allow you to continue to fulfil the current full time role as they are obliged to implement these if they are reasonable (although reasonable is an area for discussion) where as they have no requirement to let you work part time. For clarity changing from 5 to 3 days would not be classed as a reasonable adjustment under any circumstances, that's a huge change to job role and far from minor.
I don't think going from 5 to 3 days could be classed as a reasonable adjustment
I do not agree that going from 5 to 3 days could not be classed as a reasonable adjustment.
I think it is completely opposite.
It is perfectly reasonable adjustment.
The employer can hire someone else part-time for those two days a week.
For clarity changing from 5 to 3 days would not be classed as a reasonable adjustment under any circumstances, that's a huge change to job role and far from minor.
That is not necessarily so as it comes down to what is reasonable. Below is an extract from the Equality and Human Rights Commission website (https://www.equalityhumanrights.com/en/multipage-guide/what-meant-reasonable). The reduction in days may, for example, be accommodated by allocating some duties to other people.
Your employer only has to do what is reasonable.
Various factors influence whether a particular adjustment is considered reasonable. The test of what is reasonable is ultimately an objective test and not simply a matter of what you or your employer may personally think is reasonable. [My emphasis.]
When deciding whether an adjustment is reasonable an employer can consider:
Your employer's overall aim should be, as far as possible, to remove or reduce any substantial disadvantage faced by you as a worker which would not be faced by a non-disabled person.