WORKING REASONABLE ADJUSTMENTS EQ10. Discrimination Tribunal - legally proving disability, law, HR advice

[Tattylash]

Rephrased question about CABG and disability.

Can anyone who returned to work after their heart event explain what work did to make sure you were properly looked after. Eg Occ Health, gave you few extra days for sickness reviewed your work and added adjustments.

OR did you get treated badly ans took them to tribunal for not helping you? If so, I'd love to hear what worked well, what evidence did you rely on, any tips?

If you lost your job, how did it effect you findjng work at same value? Did you struggle with confidence as a result , his did you get over this, dud you get over this?

My husband is a hero, bit treated appallingly over 2 years, including written warning and unauthorisec abence for taking day off to go to a&e as his statins took his heart to 40bpm.

Continually asking him to unload 26 tonne lorry after open heart surgery then drive a 50tonne truck on the M1.

He didnt ridk it but it had ramifications for asking for different loads, (of which they had plenty).

Theres lots and lots of examples, but theyre hoping we'll run out if money or sanity before the Tribunal.

They are multiple billion pound company who said eq10 is unreasonable and not commercially viable So they can't implement it.

If you are an experienced legal person, hr, prior claimant, medically trained and have some experience that could help little us with Goliath please message me.

We want them to change before someone dies.

[Ansteynomad]

I'm so sorry to hear what your husband is having to put up with. However, I can't help. My employer's only offer of a reasonable adjustment was that i should try wearing a scarf in the winter and as soon as they could, they let me go.

[Tattylash in reply to Ansteynomad]

Disgusting

[Milkfairy Heart Star]

I am sorry your husband is in this situation.

I was forced to take early retirement as it wasn't possible to make reasonable adjustments to my working conditions and environment.

The law I believe allows you to ask for reasonable adjustments however these are not mandatory.

I sadly, didn't get much support from my professional body as their advice was that I could be lawfully sacked if I didn't have the capacity to work in my role.

I suggest you get appropriate legal advice from a lawyer who has an understanding of the Equality Act 2010.

Good luck, I can only image how stressful this situation must be for you both.

I wish you well.

[Milkfairy Heart Star]

"Your employer has a duty to take steps to remove, reduce or prevent the obstacles you face as a disabled worker or job applicant, where it's reasonable to do so. "

The devil is in the detail.

My former employer believe it or not was the NHS!

[uzininemm]

I was lucky and had a very understanding employer and didn't do manual work.

The fact the employer gave a written warning for unauthorised absence to go to go to a and e is shocking and I would be very surprised any tribunal would find in favour towards your husband over that.

I am not sure what reasonable adjustments you could make for a lorry driver particularly where potential heavy lifting (even with a fork lift truck) is necessary. From there point I could see the point of view due to lack of drivers in the industry the perhaps employer would see at as being 'unreasonable' from their point of view that a driver might not turn up at the last moment and then they can't get a replacement or the costs would be prohibitive.

With it being a multi million pound company, I am surprised (depending on your husbands skill sets) they hadn't a vacancy he could fill, perhaps a transport manager, (but then again the jobs might just have not been there).

Two things that do come to mind as a lay person was/is your husband a member of the Road Haulage Association as I wonder if they could help? Secondly have you mentioned this on a truckers/transport forum, as I would imagine the experience of dealing with something similar would more than likely found there.

[Tattylash in reply to uzininemm]

Great idea about the truckers forum! Brilliant!!

[Hidden]

I do have sympathy with your family situation where unexpected ill heath has caused a major rethink of your husband's employment situation.

However, regrettably, for both your husband and his employer, circumstances seem to have dictated he could no longer do the job he was employed to do either short term and perhaps long term. We have no way of knowing how really difficult it was for the employer to provide reasonable alternatives, other than what you tell us. And that raises the questions of how far should the employer be expected to compromise, and equally for how long should an employee expect to be treated differently if they can no longer do the job they were employed to do, and no alternatives are genuinely available. Certainly each case will be different.

So I wondered what your objectives were in proceeding with the tribunal route. Can people be re-instated if they have been dismissed if a tribunal finds in their favour, and what happens then on a day to day basis when they are back. Or is it it financial compensation you seek? In this area every case is unique and due to the apparent nature of the associated legal framework being open to interpretation it would seem to me that securing the services of a competent legal adviser skilled in this area is essential to give you the best chance of winning, especially since the alternative of losing will cost you money which you can now perhaps ill afford.

Anyway perhaps this is not the sort of response you would have wanted, but nevertheless I do wish you well as you go forward and achieve what you are looking for under the circumstances.

[Tattylash in reply to Hidden]

It's OK, it's a common misconception, hence all the differing opinions but thanks for writing, there's a few defences fir that that I hadn't considered which has been helpful. As it's a about what facts to present and the past cases to prove it, thank you for your kind words.

[seniorita]

Have you contacted Citizen's Advice? They may have a solicitor who could help.

[Tattylash in reply to seniorita]

Thanks were far down the road, I just thought to see if what other experiences people had with the same issues. . Thanks. You

[Pudin]

Lower field is right you need to obtain legal advice before looking at attending a tribunal as they are not an easy undertaking. I have taken 2 employers to tribunal around disability discrimination and at the 1st my union supplied both a solicitor and barrister,but I would say they are very stressful and time consuming and I was working in HR at the time so had a reasonable knowledge of equality law and my employers policies and procedures.

I hope you are able to find a satisfactory way forward both for your husband's health and self esteem.

[Tattylash in reply to Pudin]

Yes its ongoing, thanks. I'm working direct with a barrister so I do the paralegal research. Thank you. Jxx

[Pudin]

Problem is public sector is spending public money, so is less inclined to look at creative solutions than private sector as 'scared 'of being perceived as wasting public monies.

[Batty55]

Hi Tattylash. Sad to here the position that your husband finds himself in. Had he spoken to ACAS? I found them to be very helpful. Good luck

[Tattylash in reply to Batty55]

Yes thankyou. Eass were amazing too.

[Danceawaytheblues]

I have no advice for you, but I totally understand how you must be feeling. My husband was in a similar situation many years ago and eventually he had to retire early. As he had `done` 20 years in the army they gave him early pension and a lump sum. It kept our heads above water while we navigated our new way of living. Best wishes to you and your husband. x

[Tattylash in reply to Danceawaytheblues]

Aww thank you! We're through the worst of it and he's still here so the legal bit comparatively is a breeze! Thank you. Jxx

[Tattylash in reply to Tattylash]

Best of luck yourself!

[tortoiseowner]

I am so sorry your husband had such a bad time. My works have been great, paid me when I was off, gave me reduced hours for 6m on same pay and a year on I still have regular occupational heath meetings just to check how I am and if there's anything they can do to help me and ensure it doesn't happen again. This is how I believe every employer should be, if they look after us we make them money and save them the cost of training someone new!

[Tattylash in reply to tortoiseowner]

You are right, that is have it should be. Thanks for your kind words and nest if luck yourself. Jx