Asthma/Discrimination

[Bod66]

My new manager knows about my Asthma and my triggers but has told me i must start and do certain tasks which aggravates my condition,However my previous manager had me moved from salesfloor which helped my condition and i dont think it was put on file.My new manager has told me i must go back on salesfloor and operate a till where my asthma was a problem.Has anyone any advice or similar experiences.

[Gareth57]

I think you need to take advice from occupational health and citizen advice or possibly even ACAS, in case you have an unscrupulous employer

[Bod66 in reply to Gareth57]

Thank you🙂

[Poobah]

If you work for a large employer with a HR team, talk to them and request an occupational health review. The OH consultant will consider your health challenges in the workplace and make recommendations called reasonable adjustments which the employer should make, if they are reasonable. As an asthmatic you're protected by the Equality Act 2010 and everyone is covered by employment law and Health & Safety Regulations. Basically, an employer cannot knowingly put an employee in a position which will affect their health detrimentally. If you work for a business that has no HR team then you can seek assistance from Access to Work, a free government scheme which provides employees with Occupational health services. gov.uk/access-to-work

If you use Access to Work then also explain to your employer that you're seeking help from them because you are concerned about your asthma and some of your duties, in that you would hate to get sick and miss work - that way you're demonstrating that you getting sick will impact the business. A reasonable employer will consider the health and welfare of their employees.

[Bod66 in reply to Poobah]

Thanks for your advice🙂

[Travelling]

Hi Bod66, I agree that you are covered by the Equality Act. Your employer has a duty of care which includes making changes to enable you to work safely. I think maybe speaking with. Union rep May also be helpful. They can be good at negotiating/ liaising with employers and they will know the law regarding your situation. Basically, your employer could be found guilty of lack of due care if you have any consequences.

Good luck!

Xx

[Bod66 in reply to Travelling]

Thank you very much x

[Mgt8]

Occupational Health request?Then after a report, you will have in writing how your employer must adapt and what you should and should not do....Best wishes,

Mgt

[Bod66 in reply to Mgt8]

I had an occupational meeting years ago and they seemed to think they knew more about my asthma triggers than me, i told them my triggers and they said only to stay out of the freezer at work .I explained it was not just extreme cold which was a problem but certain other duties on the salesfloor they seemed more for my employer.However i was moved to the stockroom afew yrs later and other duties i could manage, but now my new manager is adamant i need to comply with all duties everywhere.

[ccccc]

I would add to what others have said about Occupational Health advice but also take some external advice from Acas or Citizens Advice as I know from personal experience OH aren't always as impartial as they should be, nor do all of them have a good understanding of asthma. Might be worth getting a letter from your own GP to spell out what you can and can't do to take with you.

[Bod66]

Thanks🙂

[Bod66 in reply to Bod66]

They had made adjustments a few yrs ago where i was kept off the salesfloor my previous manager was understanding im not sure if it was put on record tho.However my new manager is adamant i must go back on floor and work on the tills where my problem arised.

[PaulRosedene]

I would be looking to keep a permanent record. Have you spoken to your employer or sent an email ? Can you get a general letter from your GP setting out what you should avoid ? I believe the employer is required to make reasonable adjustments. what is reasonable will depend on the circumstances. Do you belong to a trade union ?

[Bod66 in reply to PaulRosedene]

Yes belong to trade union ive kept notes and dates from discussions for future reference .🙂

[PaulRosedene in reply to Bod66]

I would suggest that you have seek advice from your trade union.

[peege]

Just to add, make sure you communications with this manager are in writing (he/she sounds like an unfair bully to me). If this goes on you'll probably need a written record. For instance next time he/she insist on something just politely say "would you put that in writing please". You may later need it in an unfair dismissal case. I don't envy you at all. If its a large organisation you should be able to take in a support person in with you attesting, not to speak but totaled notes and witness. Good luck

[Bod66 in reply to peege]

Thanks for your help🙂