Discrimination

[BaronFrankenstein]

Hi.Can a prospective employer discriminate against hiring me becuase of my heart condition? Ive also got sciatica which can flare up bad a couple of times a year, although now im losing weight that could improve.

Its a way off yet before i go back to work but given the stressful and physical nature (inc regular exposure to diesel fumes and particulates) in my current role in train maintenance i dont think ill be able to continue in that role.

Im thinking maybe this is an opportunity to look at something else less stressful, tiring and not so dirty! Id miss the lads i work with but id rather be doijg something that isnt going to lead to further decline in my health and quality of life.

Is there anybody else on here that has chamged jobs following a heart attack? What is your experience?

[Happyrosie]

I don’t know the answer to this, but I do know that Citizens Advice Bureau are very helpful and this is the sort of thing they might be able to assist with. They’ve certainly helped me (with a completely different issue)

I also know that they are extremely busy, so what you might do is have a read of their website and maybe get yourself in the queue.

[Lowerfield_no_more]

I think you should consider your circumstances carefully, and seek professional guidance as Happyrosie has suggested . First, if you are saying you don't want to return to your existing job because you no longer like the working environment, even though you may return to a fitness level adequate to carry out your duties in due course, that is different from a return to work where you may not be fully fit but may be able to work in another capacity with your existing employer which recognises your 'disability'. I would say you will be covered by the Equalities Act 2010 in the second situation, where your employer must take reasonable steps to accommodate your revised situation (although if they can adequately demonstrate they have nothing available they can release you) whereas you are not covered by the Equalities Act in the former. And leaving to take up a position where you cannot fulfil the requirements of your job description from the outset because you have not mentioned your state of health may also fall outside the Equalities Act.

[BaronFrankenstein in reply to Lowerfield_no_more]

Its not a matter of not liking the working environment its that i think it will prove detrimental to my health given my new health problem,

12 hour shifts, walking 5 or 6 miles each day lots of climbing, heavy lifting, exposure to diesel fumes, oil and solvent vapors, brake pad dust, dust from the track, biological hazards from animal strikes and eddluent from toilets, electric shock hazards.

Im going to discuss with our union rep i think when im feeling a bit better as he is really clued up on the policies at our workplace. But thankyou for your reply.

[Lowerfield_no_more in reply to BaronFrankenstein]

At some time in the future you will no doubt have to have an occupational health assessment to establish whether you are fit enough to do your job. If you are not, you are covered by the Equality Act which is there to protect the interests of both employee and employer and as I mentioned earlier it is the responsibility of the employer to take reasonable steps to find alternatives if changed health circumstances mean an employee cannot carry out their job. However, if no alternatives are available then provided the employer can demonstrate that, perhaps by going as far as an employment tribunal, they are legally allowed to release the employee. Reasonable is only loosely defined by the Act although there will be case law. In your case if your heart condition does not allow you to work 12 hour shifts, lift heavy items, and you are unable to walk 5 or 6 miles then you are covered by the Act. And if any of the other items you mentioned including respiratory issues which now affect your current and changed state of health you are covered. Anything else I would say you are not. Finally as you are in a union you are certainly doing the right thing and consulting with them since they will have experience of dealing with cases like your and perhaps your employer too.

[BaronFrankenstein in reply to Lowerfield_no_more]

The thing is i will be gutted really if i cant return to what i was doing before because even though it can be stressful and tiring its interesting work even after 15 years and its well paid and what I know how to do best. But i have done other jobs inbetwern, quality control supervisor at a lighting manufacturer, electronic rework in a factory, electronics department manger and site troubleshooter for a clock company.

It would be ideal if i could have a role that split my time just about equally between being in the office and doing a bit out on the shop floor as Im not an office bod by nature. I like to be doing something practical rather than paperwork and on the computer all day.

[Alison_L]

Hi BF. Good advice above. Basically, you don’t want to leave your current job, but may not be able to return to it without changes. But see what your union, Occ health, and HR can suggest before you start looking for a new job. They’re all supposedly good guys. Good luck x

[BaronFrankenstein in reply to Alison_L]

I will do. Its only early days for me post HA and i try not to think about work but obviously its something that will need to be addressed fully ehen i am fitter mentally and physically. Im still up and down in both respects at the moment. Im actually thinking about getting some counselling.

[Classof1988]

Some good advice here. Definitely keep in touch with your TU rep as they can advise you on the best way forward. Your management should be keeping in touch to see how you are progressing and, dependent on your relationship with your managers, you may be able to discuss your concerns as there may be opportunities for secondments to other parts of the business, or other options such as job sharing, though this would reduce your time working in the environment whilst affecting your earnings. P/Way may be another option, this still would involve physical effort but would reduce your exposure to diesel fumes although again there may be financial implications. Occupational Health will need to assess you anyway before you are allowed back on the track, and I would invisage you would be offered a graduated return to work plan. While I am personally a little wary of counselling, this may be something your employer could offer you via a referral to Occupational Health. Also, does your employer have mobile train technicians, this would give you all the benefits of being hands on while allowing you to breathe fresh diesel free air while on standby awaiting despatch to deal with a failure, this could be the best route forward for you. Shift patterns may be more reasonable too. Please keep us all informed as I hope this works out well for you

[BaronFrankenstein in reply to Classof1988]

I had considered train rider (mobile tech positions) or maybe signalling. There was a job going dor maintenance control but ive done it before and its boring and its not a very nice office environment either. Lots of bitching and finger pointing. If you fall out with someone you cant getvaway from them like at the depot.

PWay is a good idea in principle but i get cold very easily now (it never used to bother me before, i could walk about in a tshirt whilst others were in their jackets) plus i dont like working in summer outside, especially now we get heatwaves.

As i saybill speak to my rep in a couple of weeks time about whats going and what my options coukd be.

Thanks very much to everyone whonhas replied to my posts by the way. Much appreciated.