Flexible Working for Health or Disability

Flexible working can support health, but a health-related flexible working request is not automatically the same as a reasonable adjustment request. Disabled employees may need the department to consider both routes and make a separate decision about disadvantage and reasonable adjustments.

Two separate legal questions

The statutory flexible working process asks whether the requested change can be accepted or refused for a permitted business reason. The reasonable-adjustment duty asks whether a workplace rule, practice, physical feature or lack of support places a disabled employee at a substantial disadvantage and what reasonable steps could reduce it.

Examples of flexible adjustments

  • Altered start and finish times to manage fatigue, treatment or travel barriers.
  • Home or hybrid working where the office environment or commute creates a disability-related disadvantage.
  • Additional breaks or a different distribution of hours.
  • Reduced or phased hours, with careful consideration of pay and workload.
  • A predictable pattern that supports medication, therapy or fluctuating symptoms.

Occupational Health can advise but does not decide

Occupational Health can describe functional effects, barriers and possible adjustments. The department remains responsible for the employment decision. An OH recommendation should be considered properly, but it is not automatically binding and a refusal should explain the relevant reasons and alternatives.

Name the disadvantage, not only the diagnosis

A diagnosis can support the context, but the key question is how the current working arrangement disadvantages you and how the proposed change would reduce that problem.

Unlock the in-depth health and disability plan below, including how to choose both routes, build functional evidence, prepare for Occupational Health, compare adjustment options, protect workload and respond when a flexible working refusal ignores disability.

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