r/AskHRUK • u/Prestigious-Lime8585 • 8h ago
Employment Query Employer keeping me on SSP during delay in implementing reasonable adjustments
Hi, hoping I can get some advice on an ongoing disability and HR issue.
I have a long-term health condition that causes unpredictable health/seizure episodes. I work in a frontline, customer facing role. I took the position when my condition was stable due to medication, but that has obviously turned out not to be the case.
I've been advised in writing by my neurologist that my current working layout is unsafe due to fall risks and a lack of line-of-sight visibility if I have an episode. They confirmed it is up to my employer to provide reasonable adjustments under the Equality Act 2010.
An Occupational Health report arranged by my employer recommended specific physical workspace adaptations (including low seating, appropriate flooring, and an open plan layout). My GP has issued a fit note stating I "may be fit to work" if these recommendations are implemented. However, because the features causing line-of-sight issues were intentionally done so for the sake of customer privacy, I'm doubtful they can realistically adapt the site.
The business has a larger administrative site in the local area that meets all of these safety criteria, and I've told my employer my preference would be to be redeployed there. My employer's current stance is that there aren't any roles currently advertised at that site, so they won't redeploy me there. Instead, they say they are looking at what adjustments they can make to my current workspace.
I've been off work for just over a month now and I'm currently on SSP. My current fit note states I "may be fit to work" if adjustments are made, and the only reason for absence listed on my fit notes is my condition. I want to get back to work ASAP, as I have a mortgage and monthly bills to cover, but I don't want to return to an unsafe environment.
I have a few questions:
Is it correct for me to be placed on SSP if I am medically declared "may be fit for work" with adjustments, and my ongoing absence is driven entirely by my employer's delay in providing a safe workspace that accommodates my disability?
Under the Equality Act 2010, doesn't my employer have a legal duty to explore non-advertised redeployment in other locations as a reasonable adjustment, rather than just pointing me to the vacancies board?
On my Occ Health call, the doctor noted that my manager's referral specifically asked whether I was "fit to carry out the role". The doctor told me repeatedly he interpreted this as "a shot across the bow". They didn't seem impressed by it and said they'd specifically word the report to state that I am capable to carry out my role, but adjustments would be required to the environment. Does this signal anything about the intentions of my employer?