Print

Print


A slight nuance here, but I just hate the term "reasonable adjustment" as it gets bandied around without much thought going into what it means (not by us)

I prefer to think that we recommend workplace adjustments for the employer to consider, and the determine  if they are "reasonable" taking into accounts all aspects of the business


________________________________
From: [log in to unmask] <[log in to unmask]> on behalf of Sithandiwe Ncube <[log in to unmask]>
Sent: 10 November 2017 09:01:38
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Equality Act & Cancer

I agree with you Tracy. Interesting thread.

Thandi


On 10 November 2017 at 02:54, Tracy <[log in to unmask]<mailto:[log in to unmask]>> wrote:
Hi. Basically you are there to give OH advice regarding adaptations required. The equality act states the business have to make reasonable recommendations and therefore it is up to HR and their legal team what is reasonable for their business this may differ from business to business

However you must collate evidence based information and determine if what she is reporting is true. In your opinion can she do more that she is reporting and if not why not?

What is she doing in her private life? If that is making her tired then additional work is likely to. What are her reasons for not attending sites and do you have evidence to support this?

We can only advise. HR and their legal team can take the advice or not.

The fact that the equality act applies and she has cancer is not a given that all requests have to be supported. It is for the business to decide if those requests are reasonable for them. Frustrating I know sometimes and we wonder why we were ever asked to assess. However keep to the point offer evidence based opinion and leave it to them. If they keep referring asking the same questions advise then you have already offered your opinion which is unlikely to change therefore future referrals are not required

This is my opinion Hope it helps.

Tracy

Sent from my iPhone

> On 10 Nov 2017, at 01:33, winnie <[log in to unmask]<mailto:[log in to unmask]>> wrote:
>
> Hie , this lady has a medical condition which automatically falls under the Equality Act 2010. This is when managers would need to consider reasonable , l repeat again resealable adjustments. I always tell my clients that any reasonable adjustment will need to suit the operational needs of the business
> Secondly in my opinion l think this woman will need to be managed appropriately and from the looks of it your HR are liaising with their legal team. From the looks of it any recommendations you suggest they are likely to double check with their legal team.
> Lastly l would question is she medically fit to be doing her role ?
> Thanks you
>
> Sent from my iPhone
>
>> On 9 Nov 2017, at 19:53, Amanda Savage <[log in to unmask]<mailto:[log in to unmask]>> wrote:
>>
>> Hi all,
>> I have a query that hopefully someone will be able to help with.
>> we have an individual in the organisation that had tonsil cancer 2 years ago. Residual symptoms include dry mouth and occasional fatigue.
>> the individual is STILL not back at work, she has requested to home work for 2 days a week which has been agreed, now she is saying she cannot travel at peak time or to other sites (part of the role). She is telling HR they HAVE TO do what she requests as adjustments as she has had cancer. ..
>> HR are telling me they have spoken to 'legal' who have said she can basically 'ask for what she wants as the Equality Act Applies'.
>> This sounds a bit strange and the individual has become very difficult and manipulative (not my opinion).
>> Not sure where to go now. I did see her and was talking about a graduated return but she walked out of the consultation as I suggested she needed to spend some time in the office as she had not been at work for 2 years...
>> Can ANYONE please help??
>> Thanks
>> Manda
>>
>> ********************************
>> Please remove this footer before replying.
>>
>> OCC-HEALTH ARCHIVES:
>> http://www.jiscmail.ac.uk/lists/occ-health.html
>>
>> CONFERENCES AND STUDY DAYS:
>> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
>
> ********************************
> Please remove this footer before replying.
>
> OCC-HEALTH ARCHIVES:
> http://www.jiscmail.ac.uk/lists/occ-health.html
>
> CONFERENCES AND STUDY DAYS:
> http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH

********************************
Please remove this footer before replying.

OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html

CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH

******************************** Please remove this footer before replying.

OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html

CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH

********************************
Please remove this footer before replying.

OCC-HEALTH ARCHIVES:
http://www.jiscmail.ac.uk/lists/occ-health.html

CONFERENCES AND STUDY DAYS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH