Worker

Employer

Anonymised Parties

A Worker

Local Authority

Representatives

Liz Fay Forsa Trade Union

 Internal HR Representation

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00002146

19/01/2024

The Worker in this dispute had an internal issue regarding a request for flexi-time to  accommodate her disability and brought a grievance related to a number of issues where the Worker felt the Employer had not adequately addressed the grievance in a timely manner. The request for reasonable accommodation is addressed in the associated employment rights decision. The employer denies the claim and insists that it acted reasonable and fairly at all times within its own procedures.

The Worker had a number of issues which can be summarised as follows:

·        The Employer did not comply with agreements made during a grievance meeting in May 2023, particularly concerning a flexitime arrangement application.

·         The Employer failed to engage with the Worker promptly and effectively regarding her request for reasonable accommodations.

·        The Employer neglected to follow their Attendance Management processes for her sick leave, which would have resulted in an earlier referral to Occupational Health.

·         The Employer did not adhere to their Health and Safety Risk Assessment policy for employees with degenerative diseases. The delay in deciding application for the Critical Illness Protocol caused her financial hardship.

·        The Employer failed to provide all relevant medical reports to Occupational Health before an assessment, leading to a confrontational experience for the Worker.

The Employer refutes the position that any agreement was made on flexitime and argues that exhibited documentation supports its position. Regarding the timely manner of engagement, the Employer submits that a number of people were involved in the assessment of the Worker when it came to examining the feasibility of a request for flexitime. This included line managers and medical professionals at summertime of the year, when availability of people was an issue but every effort was made to expedite matters.

With regard to risk assessment the employer asserts that ordinarily risk assessment comes into play upon a disclosure of a disability, where physical modifications are need to accommodate a worker – this was not the case here where the Worker was seeking roster and attendance adjustments. The Employer refutes the position that there was a denial of the Critical Illness Protocol.  In this situation, the independent Occupational Specialist determined that the nature of the worker’s disability did not justify applying the policy and advised against extending sick pay. However, the Employer argues that it exercised its own discretion in favour of the Worker by not only extending sick pay for her, but also paying her full arrears of payment.   

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I have also taken into account the accounts and documentation provided in the associated equality complaint which was intertwined and inseparable from this dispute.  I am satisfied that all actions taken in response to the Worker’s 's accommodation request were within reasonable timeframes given the complexity of the case and the need for careful consideration and consultation with line managers and external medical experts, at a challenging time of year when it came to availability. I cannot accept that the Employer directly caused financial hardship when it came to the correct application of the sick pay scheme. The plain fact of the matter was that when the medical expert advised otherwise, the Employer exercised its discretion in the worker’s favour and arranged to pay any arrears, thus mitigating any financial loss the Worker might have suffered.

In conclusion I see no reason to agree with the Worker that she was treated unfairly in the manner in which her application for medical assessment and roster change was handled by the employer.   

Section 13 of Industrial Relations Act 1969, Fair Procedures.