Employer not following OH advice regarding reasonable adjustment under disability act

[Bathlass]

If OH recommends a routine with 2 consecutive days off together and the employer wants to move one of my days being a sat when I have leave booked to work another weekend and this is meaning I am taken out of a routine each time I do this is this acceptable as it goes against OH advice?

[echat11]

Hi BATHLASS

If OH has carried out an assessment and state that it is better for work a specific pattern i.e. to have two consecutive days off work (you have given the reason why they said this) then it is something your management should abide by. No it isn't acceptable. It defeats the object of OH doing assessments.

Speak to your manager informally about the situation, then it might be something that you have to raise formally as grievance in writing.

[Ukmicky]

It can be acceptable. They do not have to follow OH advice even if you come under the equality act . It depends on many things such as your job ,the nature of the business, the cost to the employer, is the required change permanent or temporary, will any changes adversely affect other employees, will any change leave them without sufficient staff etc etc etc . If it got to a tribunal for any reason they may have to justify why they were unable to follow the advice however.

They law says they only have to make reasonable adjustments and If the adjustments are not reasonable they can reject the advice with out it being discriminatory.

I myself rejected OH advice for an employee recently as it was to restrictive due to the nature of our business and there was no other role available which they could perform which would fit in with the changes OH asked us to consider. Employers also don’t have to make up a role in order to provide the employee with employment that follows the advice.

What they should do is refer you back to OH and gain further advice. Sometimes where reasonable adjustments can’t be made and the employee can’t safely return to perform there normal role Dismissal on capability grounds or ill Heath retirement could come back as the answer.

[echat11]

https://www.acas.org.uk/using-occupa...health-at-work

[Ukmicky]

Nothing I said was incorrect. A employer must consider making reasonable adjustments. What is reasonable is not determined by the employee or the recommendations of OH but by the employer.

What is reasonable for one company may not be for the next and If the OH advice requires changes to the employees role that are not reasonable the employer does not have to make them . They should however discuss the report with the employee and inform them why they can not follow the recommendations and if possible see if they can come to a compromise.

[Ukmicky]

An example where it may not be reasonable is where a small business with say 4 employees requires someone on hand everyday of the week between specific hours . If the adjustments required the employee to reduce the number of days they work or the hours they work which would leave the company with no one on hand they would have case to argue the adjustments would not be reasonable