UNISON Secures Major Win After Trust Fails to Follow Disability Policies, Putting Themselves at Risk of Discrimination Claim
One of our branch members with a recognised disability has secured a vital workplace victory after the Trust failed to follow its own policies, wrongly directing her down an inappropriate procedure and leaving the organisation exposed to potential claims of disability discrimination. Following decisive union intervention, the member has now been granted 100% home‑working in line with professional medical advice.
The member had clear recommendations from both her GP and the Trust’s Occupational Health Department confirming that, due to her disability, she should work entirely from home. Instead of following the Trust’s own Reasonable Adjustments policy—specifically designed to support disabled staff—management incorrectly instructed her to submit a Flexible Working Request (FWR).
Flexible Working Requests are intended for general work‑life balance adjustments and personal preferences, not disability‑related needs. Predictably, the request was refused, leaving the member without the reasonable adjustments she was legally entitled to.
After appealing the decision, she contacted UNISON for support.
Upon reviewing the case, UNISON quickly identified that the Trust had failed in its duty to follow its own procedures, and, more importantly, had risked breaching the Equality Act 2010. Under the Act, all employers have a legal obligation to make reasonable adjustments for disabled workers, and failure to do so can amount to disability discrimination. By pushing the member through an irrelevant process and then rejecting her request, the Trust put itself in a vulnerable legal position.
UNISON intervened immediately, halting the flawed Flexible Working pathway and insisting the case be dealt with correctly under the Reasonable Adjustments framework. A case conference was convened between management, Human Resources, Occupational Health, the member and her UNISON representative. With the appropriate medical evidence and the correct legal structure now on the table, meaningful discussions could finally take place.
As a result, the Trust agreed that after completing necessary on‑site training, the member will move to 100% home‑working—an adjustment that supports her disability and enables her to continue contributing fully to her role.
The outcome is being hailed as an important reminder that disability-related needs must never be handled through inappropriate procedures.
“This case shows exactly why proper representation matters,” the UNISON representative said. “The Trust was not following its own policies, and in doing so, they placed themselves at real risk of a discrimination claim. Once we stepped in, the correct process was followed, and the right outcome was achieved for our member. We’re absolutely delighted.”
UNISON is celebrating the win as a clear demonstration of the union’s commitment to ensuring disabled workers receive the adjustments they are entitled to—and that employers uphold both their legal and organisational responsibilities.
