Employers duty of care....

[Hetty11]

Hi, this is my first post on here, I do find it very informative. I think I read a post recently asking if Bronchiectasis or COPD was covered under the Disability discrimination act 2010? Well I have just had an OHS referral at work, at my request, and they have confirmed in there that I am covered. However all of their recommendations are falling on deaf ears. I take leave instead of going sick and interview people with full blown chest infections. It just feels like things are getting harder year by year. Does anyone else have 'reasonable adjustments?' If so, what are they? Thanks Heather

[y_not]

You're disabled under the Equality Act 2010 if you have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on your ability to do normal daily activities. If you have COPD or similar then, under legislation, you are classified as disabled.

"Reasonable adjustments" vary by person and by what they do. If you are office based then, if possible, limiting exposure to other people might help or positioning you close to/away from air conditioner outlets as appropriate.

For a manual worker, any performance related tasks need reviewing and possibly adjusting to suit your condition, breaks between work period if heavy exertion is needed.

For all disabled people the ability to request time off (whilst being reasonable with requests) for appointments, removal from or variation to and absence policy measurement e.g. Bradford Points System due to condition.

The list goes on, if you have a H&S manager, HR manager or occupational nurse they can give more guidance BUT employers have a knack of either not understanding or not wanting to understand - that said, mine is brilliant, allowing time off (including PR course) etc, etc. In return I pick the phone up at 22:00 or 06:00 will sort out computer stuff during the weekend or anything else that's needed - we work a two-way street which works for both them and me!

Hope this helps.

Tony

[Hetty11 in reply to y_not]

Thank you for your reply Tony.

[Hidden]

Hi I have been in your situation but with depression. The reasonable adjustments I was given were 1. 8 days extra sick leave, 2. Extra breaks during the day as and when required up to 30 minutes and part time hours. I worked in a contact centre and I mainly wanted just a transfer to the admin department and off the phones, and no targets. These they absolutely refused to do and they were entitled as all RA are 'subject to business needs'. The law doesn't have a lot of teeth unfortunately.

As long as they do make some RA they are covering themselves under the Health and Safety at Work Act and fulfilling their duty of care towards you. If they don't and fire you then you have a good case to take to Employment Tribunal. This is also covers constructive dismissal.

I hope it won't come to this but if they do dismiss you they don't do it on sickness grounds but on not fulfilling your terms of contract by being at work.

If it does come to dismissal proceedings then the best way to get them is by them not following the letter of the law ie the procedures for dismissal. Judges take a very dim view of this.

Are you in a trade union? If so get them involved immediately. You can also contact ACAS to find out your employment rights or look them up online. Good luck! x

[y_not in reply to Hidden]

As an aside, dismissing a disabled person is fraught with risks! A very high percentage of claims for unfair dismissal due to disability are lost by business (and it's well known although not well advertised!). Most sensible employers will not dismiss once they are aware of the issue.

[Hidden in reply to y_not]

I was dismissed by the DWP! They did it to a lot of people.. That might be the case where you live or in areas of low unemployment but it is common where I am. They know round here there are people queuing up for any job no matter how menial.

A few managed to get them on procedural grounds, they were still dismissed but they got a big lump sum pay out.

When I went to a local employment solicitors they said that because they had followed the procedures, and because they had given me reasonable adjustments etc. that my case would only be 60/40 to them unless I got a sympathetic judge. They also said that the DWP would be employing lawyers at £300 an hour ie the best and I couldn't afford a lawyer.

I was threatened that if I lost the case the DWP would pursue me for costs. I gave in.

New rules came in recently that to take an employer to tribunal would now cost upwards of £1,000 whereas before it was free. x

[y_not in reply to Hidden]

As I said "Most sensible employers" ... tells you what I think of the DWP - most law makers are also law breakers!

[Hetty11 in reply to Hidden]

That's who I work for......

[Hetty11 in reply to Hidden]

Hi, yes you are right. I have been unfortunate to have 3 chest infections in 7 months which is not normal for me. OHS have been very good. But they said I need a higher trigger point of sick days for my condition. The boss said as I have taken leave instead of sick I cant have extra days. But she sort of threatens me about going sick so its a bit scary. Employed by them for 31 years.

[y_not]

There is another part of the regulation that people don't notice, "discrimination by association" - if you have a carer and the carer needs extra time off to tend to you, fetch & carry for you etc and the employer (being aware that they are a carer) doesn't allow or punishes the carer then, in law, it's as if they committed the action against YOU!

[Beth1949]

I live in the states and was very fortunate to have an understanding boss and company. I had a desk job so that helped when I was lacking in energy, but I also had deadlines to meet (I was accountant and had to be at work to prepare monthly financial statements at certain times of the month). 99% of the time I was able to met those deadlines, I just had that kind of work ethic, but my health suffered.

It does help to have an understanding company, Beth