Reasonable accommodation in the work place

M

McStuffins

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I am assisting a co-worker with an issue they are having.
Private sector, medium size subsidiary of a multi national (large) company.

This person is disabled and for a time, may need to work from home due to the nature of their disability and treatment and this has been refused twice now citing privacy issues.
The nature of the work would be sensitive personal and corporate information but working from home is common place among senior managers and team leads.

The work is not front facing and could be done from home, as other staff members also do (albeit more senior staff, both in Ireland and in other countries).

Has he any grounds to insist based on the law stating working from home is considered a reasonable accommodation for a disabled person?

The alternative is for him to be off work long term, unpaid as they cannot get into work for the foreseeable future due to his disability and treatment.

Anyone have any advice?
Thanks
 
You need to be very careful here. If they can not travel to work due to treatment/recovery, there may be a case to be made that they are not fit to work full stop. Facilitating them doing so could cause the company serious problems if their treatment or recuperation suffers in any way. An assessment by the company doctor should be carried out so that you don't create a liability.

The privacy grounds are a little tenuous if others are carrying out the same function from home, or those who are working from home have access to the same information.

Unless stated in their contract, no employee has an entitlement to be accommodated to work from home. If it's not common practice for others in similar positions, again, there's no obligation to accommodate it regardless of circumstances.

Many multi-nationals will have good long-term illness cover in place. Speak to HR about the options available.
 
Why are they unpaid for getting treatment ? Sounds like they should just point out to HR that they will not be available for work due to the treatment and get a medical certificate which should include not being able to go to work.
 
Leo said:
You need to be very careful here. If they can not travel to work due to treatment/recovery, there may be a case to be made that they are not fit to work full stop. Facilitating them doing so could cause the company serious problems if their treatment or recuperation suffers in any way. An assessment by the company doctor should be carried out so that you don't create a liability.
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I don't want to give too much info but it's an access problem with the commute to work, not a problem actually carrying out their job. It's a long commute and funding has been cut by government for their transport and no public transport. They're trying to find a way around it and appeal it but currently they are at home with limited transport. They also need physical therapy and again, this can be done at their home but cannot be accessed if they are in work. he is in very good health but circumstances have lead to the workplace becoming fairly inaccessible so I have no doubt he would be cleared as being physically able to do the job without it impacting on his health. His legs don't work but he doesn't need them to do his job.

Leo said:
Unless stated in their contract, no employee has an entitlement to be accommodated to work from home. If it's not common practice for others in similar positions, again, there's no obligation to accommodate it regardless of circumstances.

Many multi-nationals will have good long-term illness cover in place. Speak to HR about the options available.
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elcato said:
Why are they unpaid for getting treatment ? Sounds like they should just point out to HR that they will not be available for work due to the treatment and get a medical certificate which should include not being able to go to work.
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There is no long term illness pay for illness, just for surgery. This person has already been out an unpaid for a number of weeks so far with nothing but supplementary social welfare from the welfare officer.
He doesn't want to be out long term while sorting out access to work when he is able to work and will quite probably return to work once all is sorted out with the access.
I know it's stated above that no employee has an entitlement to work from home but he does, by law, have an entitlement to reasonable accommodation for his disability and working from home is listed as an option on the citizens advice website once it does not cost the employer an excessive amount.
They can claim a grant to cover some of the costs of setting him up at home also.
 
McStuffins said:
I know it's stated above that no employee has an entitlement to work from home but he does, by law, have an entitlement to reasonable accommodation for his disability and working from home is listed as an option on the citizens advice website once it does not cost the employer an excessive amount.
They can claim a grant to cover some of the costs of setting him up at home also.
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If no one else in the role has the option to work remotely, then the company would be entitled to claim this is not a reasonable accommodation. You're talking about a person working remotely for an extended period of time as well and not just a day or two per week, the majority of companies would not consider that reasonable.
 
Citizens info states "
Reasonable accommodation: The Employment Equality Acts 1998-2015 require employers to take reasonable steps to accommodate the needs of employees and prospective employees with disabilities. Reasonable accommodation can be defined as some modification to the tasks or structure of a job or workplace, which allows the qualified employee with a disability to fully do the job and enjoy equal employment opportunities. However, under EU legislation, employers are not obliged to provide special treatment or facilities if the cost of doing so is excessive or disproportionate."

It seems that cost is the main factor that allows an employer to refuse. Even within the legislation I can't find anything other than cost that means an employer doesn't have to accommodate a working from home option. This is why I need it clarified. It seems that the legislation would say it should be allowed (as cost isn't really an issue). There is someone working from home who deals with similar sensitive info. It would be for a number of weeks most likely but not permanent.
 
While flexible working hours or the ability to allow a person with a disability to work remotely are options open to an employer, it is up to the employer as to what supports they consider reasonable for the role in question. What is reasonable will not be the same in every situation.

The Citizen's Information site may confuse it slightly here when they mention that the ability to avail of flexible working options including working from home 'may be a deciding factor in whether you can resume your working life.' There is no obligation on an employer to provide such facilities.
 
Ok thanks. It is rather confusing as the legislation only seems to mention that the cost is the only reason an employer can refuse reasonable accommodation, including something like working from home.
 
Cost in these circumstances covers productivity, impact on other associates, etc., it's not just the costs associated with modifying a workplace to facilitate a person with disabilities.
 
How is it quantified or enforced then though? Or is the legislation just based on interpretation and easy to get around?
How exactly would a disabled person "prove" that their needs were not being met by their employer or to whom would they even broach it? Especially if they do want to return to that employment?

It just seems that the legislation is there but is not really of much benefit to the disabled employee if it's at an employers discretion.
 
McStuffins said:
How exactly would a disabled person "prove" that their needs were not being met by their employer or to whom would they even broach it? Especially if they do want to return to that employment?
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It isn't a case of proving their needs are not being met, as employers do not have to make changes to meet all the needs of a disabled person. Just what they believe and can justify as reasonable. As the legislation all centers around what is reasonable, it is of course open to interpretation.
 
some posters are barking up the wrong tree I say that as someone who works for an employer who have a employment and work policy which is disable friendly,The also have a policy of looking after and retaining people who work for them ,The people who lobby for disable rights are the people who need to work on this problem ,I don't know and McSuffins has not informed us What was withdrawn outside the control of the company ,we don't know if it was a pilot scheme .we don't know if the person knew when they benefited from the scheme that it was going to end at a set time,a little more info would go a long way, I don't think anyone in the company I work in disabled or not expect they can parachute themselves into or demand a job ,Managers job is to run there business and not allow the tail to wag the dog,If they do this well all of the stake holders benefit,
 
McStuffins said:
How is it quantified or enforced then though? Or is the legislation just based on interpretation and easy to get around?
How exactly would a disabled person "prove" that their needs were not being met by their employer or to whom would they even broach it? Especially if they do want to return to that employment?

It just seems that the legislation is there but is not really of much benefit to the disabled employee if it's at an employers discretion.
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Is the intention of the law not that a suitable desk has to be provided to someone in a wheelchair or there is access for them to get to their desk and not left out in the hall? If someone is unable to get to work, does an employer have to cater for that and let them work from home?

You really should get qualified legal advice on the matter.

Steven
www.bluewaterfp.ie
 
I don't really understand your point jjm2016.
He is not looking to be parachuted into a job. He was getting some sort of payment towards his transport, tax relief or something. I'm not sure of the specifics. His father used to transport him to and from work. His father had a stroke and can no longer drive. He can't get the payment for a taxi and no public transport is available.
He's now learning to drive and looking at buying a specially adapted car. This takes time.
So no, none of it is his employers fault but he's been with them a good few years and is very capable at doing his job. He was just hoping for some help with his situation from them. To do his job until he can get his affairs in order. It'll take him even longer to get sorted out because he's now on welfare so trying to pay for lessons and a car etc, he's going to struggle.

It'd be nice if his employers were a bit more understanding (they've allowed people to work from home for various periods due to their own personal circumstances) but won't allow him to.
I just hoped there was something that would help his case but obviously not.

SBarrett there are various ways an employer can make reasonable accommodations for a disabled employee. Things like desks, ramps etc but also reduced hours, adaptable start times, working from home etc are all also listed as possible reasonable accommodations employers can make.
 
The disability issue is a red herring. The real issue is that the OP's colleague lives in an area with no public transport and is unable to drive. OP's colleague needs to buy a car and start driving as soon as possible. A cheap second hand automatic should be purchased, and Motability Ireland over in Ashbourne should be able to "convert" it.
 
It's a catch 22 though. Cars and lessons cost money. He is now on less than 200 PW. There's also a bit of a wait to get a car adapted. If he were able bodied he would find it easy to get lessons. Not the case with needing lessons in an adapted car.


There is public transport but it's not wheelchair accessible.
It's very easy for people to say "just do this" but the reality of being disabled brings a host of added obstacles.
He's been in touch with a group (not sure which one) and they are going to help him with finding someone to give lessons etc.

He can't get a loan for the car because he's on social welfare. He wants to work from home so he can stay in employment and get back to the workplace sooner. As things stand he'll be out of work longer because of the lack of flexibility by the employer.
A couple of managers have worked from home after writing off their cars for a few weeks while sorting out insurance and new cars. I don't see why he is being excluded when it amounts to much the same thing.

Anyway it seems he basically has no choice but to stay out of work or leave and find employment closer to home. Which is a shame.
 
McStuffins said:
I don't really understand your point jjm2016.
He is not looking to be parachuted into a job. He was getting some sort of payment towards his transport, tax relief or something. I'm not sure of the specifics. His father used to transport him to and from work. His father had a stroke and can no longer drive. He can't get the payment for a taxi and no public transport is available.
He's now learning to drive and looking at buying a specially adapted car. This takes time.
So no, none of it is his employers fault but he's been with them a good few years and is very capable at doing his job. He was just hoping for some help with his situation from them. To do his job until he can get his affairs in order. It'll take him even longer to get sorted out because he's now on welfare so trying to pay for lessons and a car etc, he's going to struggle.

It'd be nice if his employers were a bit more understanding (they've allowed people to work from home for various periods due to their own personal circumstances) but won't allow him to.
I just hoped there was something that would help his case but obviously not.

SBarrett there are various ways an employer can make reasonable accommodations for a disabled employee. Things like desks, ramps etc but also reduced hours, adaptable start times, working from home etc are all also listed as possible reasonable accommodations employers can make.
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First of all this has to be a very stressful time for the person involved having to deal with his father having a stroke and all that brings without having to deal with the fact it directly affected there employment.

When you start down the legal


The first thing that springs to mind is where I work if something like this happened the first thing we would do is have a collection to pay for a taxi or driving lessons or pay someone to be insured and drive there fathers car to bring them to and from work after all the only extra cost is the driver,there are lots of home carers and friends of there fathers /there who could do this until problem got resolved,I am sure if you had a collection company would match collection in fact i would go so far as to say they would keep it going until it got sorted if the person involved contributed something towards cost ,At present they are sitting at home and according to you getting very little,they would be as well off going to work even if they finish up no better off,most companies would have a small employees relations budget especially USA companies,

When you start down the legal road it is often the employees who suffer the most to give you an example some poster suggested going out sick when the problem required fixing is transport,
where i work some employment contract of employment says permanent days others say 2 or 3 cycle shift others say permanent night shift all an the same basic wage + a % for the different shifts ,there is a form you fill up and company will work around changing shift without changing contract,Really the only thing in it for the company is employee retention and a low absenteeism,from time to time company will have to chop and change and so far no problem,

The law was changed a few years ago stating if you were to change shift after so long you cannot be changed back both employer and employee know this but everyone understands the day someone brings the law into it in the day it will be discontuned, lots of employees use it to work around child care,

We have a sick pay system in place going back to the early eighties,it is broke into two sections one section like your own tracks hospital/surgary. other tracks sick days if we start acting the maggot like some suggested it would get pulled for good this is the agreement and is a very valuable entitlement,

You said you don't understand my point unfortunately I have being down this road with a sibling around 17 years ago ,Recall a bit rusty at this stage ,That why I said they should have got help advice from some of the disabled lobby groups,I know at the time the had two options one was to wait a long time and let everything go trough the system it would have worked out a lot better if the waited financially if they waited until the were in the system,they wanted to go back to work as they did not want to be left behind in there career if the bought or modified a car it would have come against them to qualify later but they went with this option ,
 
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Would there be any chance of someone in the locality giving him a lift to work?

A disability group might have a car pooling scheme in place etc.
 
A disability group might have a car pooling scheme in place etc.[/QUOTE] [QUOTE="PaddyBloggit said:
Would there be any chance of someone in the locality giving him a lift to work?

A disability group might have a car pooling scheme in place etc.
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Where i come from we do it all the time mostly overnight visit for people who would like to see friends who can no longer go to see on there own cancer /stroke patients and such like very rewarding
we had a poster on hear some time ago who claimed his father said he could have the car when he died but never done anything about it ,mother did not drive but kept car so friends could use it to take her around,
If there is a will there is a way
 
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I'll suggest to him about asking around for a lift. He's also going to be contacting a group like those mentioned above. His mam doesn't drive either and is elderly so wouldn't be able for lifting the chair etc.

It's probably the push he needed to sort out his own transportation but unfortunately it's costing him in terms of his income until he gets sorted out. I had just hoped there was a better solution
 
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