Sent Home From Work....

[NobleExcalibur]

Sorry if this post is not in the right place or such other problems.

I have just had a meeting with a person from HR regarding me using a crutch to get around everywhere, now I use the crutch due to it being painful or uncomfortable to walk (sometimes a few steps sometimes more)

After she went through the process etc etc, she started asking me questions, the main one was why didn't I put on the application form that I was disabled, I told her that I do not consider myself to be disabled even if I was when I was a child. and that due to companies asking questions like 'are you sure that you will be able to do this job' after asking about my 'disability' So after so many companies doing the same I decided not to put anything.

She was on the phone to the HR department, over and over, and came to the conclusion that I am basically a walking talking health and safety hazard due to my crutch. Also me now knowing where my boundary is and what I am capable of doing.

I explained to her that I can do my job, only a bit slower but I try not to let it get in the way.

I am not sure where I stand on this or where to proceed as I have lost 6 hours pay and the possibility of losing more shifts.

I now have to go to my doctor to provide a fit to work note, showing that I can do my job without my crutch, how long I will be on the crutch, and a letter detailing my condition from when I was a child.

To be honest I feel aggrieved at the fact that this seems to have happened so quick and that even after explaining that I need the hours etc that it has came to this conclusion.

If anyone has had issues like this in the past then I would appreciate some help on where I stand as I cannot afford to be losing money due to this now.

Thanks

[cathie]

Is there a trade union in your workplace? It would be helpful for you to have a 'friend' to go with you to meetings with HR and take notes. People with disabilities have rights in law. If what you have is something more intermittent then a medical opinion might help your employer to understand. The NRAS booklets are helpful to hand out. I would phone the NRAS helpline about this too as they will have good advice.

Hope you can unravel this situation! C

[Ali_H]

I would think things hinge on wether you were using a walking aid (stick) when you applied for the job and if the application process directly asked the question of are you disabled or not. If you were using a stick or had a disability of any sort but answered 'no' to the direct question then it could be claimed that you misled the employer during the application process... Cathrine is right to point you in the direction of a trade union and to suggest having a 'friend' attending any meetings. This friend can be a union rep, a relative or a colleague you trust. You are entitled to reasonable notice for any meetings and time to arrange for a third person to be present. Also you local CAB will be able to give you sound advice.

All the best

Ali

[earthwitch]

I wouldn't ask your GP for a note saying you could do the job without a crutch. I'd ask for a note saying that for health and safety in your workplace you need to be able to use an appropriate walking aid whenever you feel the need to. I think she was bang out of order basically telling you you couldn't use it. Definitely make a call to the disability advisor at CAB and see what they have to say, and definitely take someone with you next time you have to talk to HR.

As for declaring disability - if you didn't consider yourself disabled at the time you applied for the job (and if they didn't give you a clear definition of what they considered being disabled was so you could answer the question appropriately) then you didn't do anything wrong.

[norfolkjo]

You don't have to be able to work without it they have to work around u . Get advice xx Don't be bullied . They have to make reasonable adjustments. I use crutches at work now . Didn't use to

[benjijen]

I have problems with stairs at work, am very slow going up and down, but wouldn't say this affects my ability to do my job. I think it depends on the type of work you do. As others have stated, were you using an aid when you applied for the job and attended the interview? If so it should have been disclosed. Without knowing what your work is I don't think we can really comment on the Health & Safety side. If you are mainly sitting I can't see the problem with an aid, but if you're in a manufacturing type position then it probably would. Good luck and let us know how you get on.

[NobleExcalibur]

Thanks all.

The form didn't ask for details on anything like that from what I remember and I have never classed myself as disabled although at times maybe I should have. My problems have always been intermittent and not bothered me for more than a day or two but this is where it feels like my body is getting worse rather than the normal pain and get past it.

I work in a retail shop and it's not the biggest of stores so there isn't much space but you can easily get a wheelchair round. The issue to them is obviously if I was to trip a customer up then there would be a problem. Also there are a set of stairs. There is a handrail up the one side and I can manage to get up without it and can get down whilst holding it.

From what I know, this wasn't a problem until the assessment was done, but I am not going to be bullied out of there.

To be honest, I'm thinking of why I should stay, why should I work for a company who are willing to do this to anyone who is disabled? I'm just on a crutch but it's not the point. Would they say that someone cannot work in the store due to using a wheelchair?

I have to do health and safety checks everyone of my shifts that I am running the store. I have to make sure that a wheelchair can get out in case of emergency

[Slightly_ginger]

Any employer must make "reasonable adjustments" to allow a employee to continue to work or commence work. It doesn't matter whether you classed yourself disabled on the application form or not. Unless you were asked directly about walking aids etc and you stated directly at interview or any other part of the application process you did not use a walking aid, then it's down to them to accept your condition.

They may use public liability to try and dismiss you, ie you may put other people in danger with your stick, but it is fairly tenuous and on dodgy ground.

The equalities act is very clear on this, but it is still open to interpretation relation due the ambiguous nature of the phrase "reasonable adjustments"

If they ask you for any other interview with regard to this issue, I would concur with others and ask if someone else could be present, I would also check with any union representative if you have one.

Also you any wish to speak briefly and normally free, to an employment specialist / solicitor, they would offer some free advice on the basis if there was a case you would go back yo them for paid advice.

[NobleExcalibur]

I think they are using public and personal liability for it. I spoke to an organisation yesterday and they said that maybe the company could offer me another job which I think would be at head office where I could be sitting down which would help massively.

I'm at the doctors now to get all the information that they need so hopefully this will get things sorted

[earthwitch in reply to NobleExcalibur]

Would it not be more of a health and safety danger to the public if you didn't use a stick and lurched into someone or fell?

[NobleExcalibur]

That's what I was thinking. It's to do with me having to get up and down a pretty tall flight of stairs too. My doctor gave me the fit to work note with no heavy lifting on there so that isn't really going to help my cause