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2 Flexible working v Capability

7 Aug, 2018 12:37

We have recently denied a flexible working request. This has been for additional cost to the business, not being able to reorganise workloads and also having no alternative roles within the business. The individual has now appealed against the decision stating her grounds of appeal as that they are too old to be doing the role as the work is heavy. They have stated that the role is more suitable for a younger person and it is now too much for them. We have been unaware of any medical difficulties, but they have mentioned Arthritis in the letter of appeal.

The individual concerned has worked for the company for over 20 years and feels really aggrieved that this request has been denied. I fully understand the frustration, but we have looked at it fairly and have said that if anything suitable arises, they will be given every opportunity to apply for suitable roles.

We are arranging an appeal hearing, but just wondered if anyone could advise me on the best route. On one hand they are saying they can't do the role, but we are unable to grant what they are requesting. The manager has no issue with their work.

At the meeting I'm sure reasonable adjustments will be mentioned, but would really appreciate any advice or guidance.

Many thanks

Sonia

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Keith | 0 Posts

7 Aug, 2018 13:50

Sonia

There are as you are aware a number of different threads here that need careful managing.

First and foremost (for me) is that you have a 20 year + employee who is now struggling with her role. She has come to you seeking a solution. Clearly (leaving aside any legal obligations etc) you will be doing your best to facilitate these changes and to allow a loyal and efficient employee to continue to contribute.

They have made a flexible working request. You have judged this and you are rejected this based on one of the criteria allowed in the legislation. If you are solid in your grounds then the appeal will fail. But make sure that you are.

You also need to consider if their recently disclosed arthritis is a disability under the Equality Act and if so what reasonable adjustments you can make. You may well need (after discussion with the employee ) to refer to OH and get a professional medical opinion. You may need to keep this under review as her condition progresses (if it does)

Finally the age thing....clearly you wont be drawn into discussions about her age and if an older/younger person would be more suitable for this (or any ) job. It is her capability and skills that are relevant not her age. Whilst its understandable that this is the way he thinks, we in HR/Management are no longer allowed to have such thoughts.

So...for me....I would be bending over backwards to see if i could move her to a role she was more comfortable in. But if this was not possible and/or reasonable (as an adjustment) then the way the law stands (I think) is she carries on and you manage her performance and attendance. Ultimately one or the other will deteriorate and you will go round the loop again of looking for alternatives. But is it worth descending a couple of circles before taking the inevitable action?
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Sonia Beaverstock | 0 Posts

7 Aug, 2018 14:25

In reply to Keith:
Thank you Keith. Our company is a great company to work for and we will do everything we can to accommodate the request. Unfortunately at this present time, we have nothing to offer as an alternative, however, things can change and hopefully something will come up. Thank you so much for your advice and help. It is very much appreciated.
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