Reasonable Adjustment under the Equalities Act (Changes to Shift Start times)

[harleymlb]

I am a HGV1 Driver working for a large company (Contractor) delivering fresh milk into leading Supermarkets.

However due to a underlying health condition its become difficult to unload and reload the the goods etc.

My company refered me to their own OH advisor for a capability assesment. This was favourable to my condition which the OH confirmed to the Employer i would meet the criteria of a disability under the Eq Act.
Since the OH assesment i am now only undertaking non unloading deliveries mainly just depot to depot. This is very beneficial to my health as i am no longer unloading around 24 tons of milk trollies per shift.

I have now been informed by the employer, that my set start time of 05:00 hrs (last 4 years ), is no longer able to fit in with the business requirements.

I now find myself in a position that have to look at what (light duty) work shifts are available from a planners spreadsheet then inform my company what shifts i am prepared to cover.
Also, if there is not a shift start time i can do, i have been told to remain at home without pay!

To give an example, i am prepared (as discussed in my wellfare meeting) to move a couple of hours either side of my contracted 05:00 start time. However some of the shifts i am being offered are now more than 10 plus hours past my contracted start time, ie a 16:00hrs start which on a average10+ hour working shift will mean finishing later than 02:00hrs.
If i am not prepared to cover the shifts offered, then i instructed by the Senior Operations Manager to remain at home unpaid!

Does anyone know if this would be considered Reasonable Adjustment under the EQ Act?

Sorry if it is a bit long winded but i was trying to provide the full picture.
Regards..M

[ULA]

A company is not obliged to change the basic nature of the job that you do which is an HGV1 driver and from what you have set out your company has initially been able to accommodate a reasonable adjustment for you, however this appears to no longer be available within your current contractual hours. Have you asked whether this is specifically related to the adjustment they have made or would your contractual hours need to have been changed anyway?

A company can turn down a reasonable adjustment request for a number of reasons, however if they feel they can accommodate the request but in a different way, then they can offer this to you an an alternative, which it appears they have done in this case, albeit the shifts are much later in the day.

I would suggest that you raise this with HR, particularly as a reasonable adjustment that was available to you has now been changed.

[harleymlb]

A company is not obliged to change the basic nature of the job that you do which is an HGV1 driver and from what you have set out your company has initially been able to accommodate a reasonable adjustment for you, however this appears to no longer be available within your current contractual hours. Have you asked whether this is specifically related to the adjustment they have made or would your contractual hours need to have been changed anyway?

A company can turn down a reasonable adjustment request for a number of reasons, however if they feel they can accommodate the request but in a different way, then they can offer this to you an an alternative, which it appears they have done in this case, albeit the shifts are much later in the day.

I would suggest that you raise this with HR, particularly as a reasonable adjustment that was available to you has now been changed.

##Hi,
Thanks for the advice. I will bare this in mind when i am my meeting on 01/11/24