Disability a work

[betty007]

I have worked for a large company for 21 years who in the last couple of years was taking over by a larger plc company. I have been off for nearly two years suffering from back promblem. On my return my employer made unsuitable reasonable adjustments and as I difficulty in traveling they have advised me under capability that I have to leave my job. I have completed the greviance procedure and am thinking of putting this in to the hands of sols. They have taken medicals and their doctor has advised that I will not be able to do my job but recently they have asked me to attend an interview for another role in another town even though they are away of my traveling situation and I asked for jobs nearer to where I work- they have then declined me this new job due to my traveling and have personally been handed a new medical report that advises surprise that I can do the job they told me to leave - from what I can make out this has been done with a view to retiring me due to my health - I feel I have been railroaded out due to my health, bullying and harrassent from the company - Also I am aware I can take this to the tribunal My ? is how can their medical opinions differ so much and what can I do with regard to this travling situation is it reasonable to ask a compnay to offer training courses nearer to me they are telling me that they can ONLY do this in one place - the travelling distance is over 5hrs

[Ell-enn]

Hi there, sorry you have had to wait so long for a reply.

Originally Posted by betty007

and have personally been handed a new medical report that advises surprise that I can do the job they told me to leave

Just to clarify - are your employers actually offering you your old job back?

Kind Regards

Ell-enn

[betty007]

No they have not offered me my old job back - my boss told me quite catogorically as I could not travel to the one place they do the training that they are looking at me under capability so therefore I can not do the role I was employed for and this is when they told me to leave the office - and they have backed this up on emails to me.
They at no time looked at any options whilst I was off ill ie other roles that may be more suitable to me- they confirm in their further meetings ie greiviances that my boss assumed I would go back to my role and further to this they never took any medical opionion until they told me to leave - I would welcome your comments and thank you for replying

[inline66]

If you meet the requirements of the disability dicrimination act then your employer needs to make reasonable adjustments.

What kind of training do you need that requires you to travel 5 hrs and how often do you need it.

Possible reasonable adjustments might be:

1. Travelling down the day before training and taking breaks in the journey every hour or so. Same on the return journey
2. Training conducted at your local office by trainer or another employee who has been trained

If you meet the requirements of the DDA the company would have to justify why they couldn't accomodate your condition and train you locally.

[betty007]

Hi thanks for your reply, the company thinks it is reasonable for me to travel for 5 hours to attend a training course, when I have suggested alternatives ie been trained locally or going the night before they have not taking this up. My concern is that they are treating me as 'a chicken and egg' situation - they were fully aware of other vacancies coming up as the company was going thru a full restructure but did not advise me - when I have questioned this they have come back with the answer that they assumed I could go back and do my role - I feel they have discrimnated against me as they assumed my health.
Their stance is that this training has to be done in one place, and there is no alternative surely it is reasonable if other people are doing this job near where I am - would say at least ten people - could they not get me to train with one. A good instance of this is that when I asked them what options for me due to my health they asked me what I think these options/reasonable adjustments should be - I am not talking about a small company more a plc I work for surely they have procedures to follow?

[betty007]

Sorry forgot to put down the training required is face to face training with trainers and other members of staff who are doing the same job bearing in mind that where I am there are people doing this job - this training is as when is required and from what I can see their is only one place they do

[inline66]

A good instance of this is that when I asked them what options for me due to my health they asked me what I think these options/reasonable adjustments should be - I am not talking about a small company more a plc I work for surely they have procedures to follow?

I assume that your employer knows your condition as you state that you have had a medical interview. What did the medical reports recommend. Did it make any mention of the Disability Discrimination Act. I feel that it is important that you point out to them your condition, how it effects you and what modifications you believe need to be made to your working environment to accomodate you. In addition you should ask them for their advice, since they are a large plc they will have resources at their disposal such as human reources dept with experience, occupational health specialists etc.

Always be and appear to be resonable with them.

Sorry forgot to put down the training required is face to face training with trainers and other members of staff who are doing the same job bearing in mind that where I am there are people doing this job

If I interpreted you correctly the trainers are working amongst you on a day to day basis. This being the case and barring any special training equipment, then it would seem to me that you could be trained locally.

If you are a member of a union then I suggest you get them involved.

[betty007]

Thanks for your reply, they are aware of DDA act as it has been mentioned in their first report they did before I returned back they have chosen to ignore this - I have advised them and refered them back to their med reports which advised the same, their stance along with their HR, occ health and meetings I have had with them ie greivance procedure and they seem to ignore the obvious ie my first post - they feel they have made reasonable adjustments that are glaring different from the occ health report and they are making me feel Im being awkward when I feel I have been more then reasonable - I feel that they are choosing to be awkward as they feel I will just leave - cant understand how their drs reports says I will not be able to the job I was doing and as per my post I have another report that says I'm fine to return .
I totally agree with you re the training, I have had the union involved and they have not been that helpful their advise is to stay with the compnay and see what they come back with so I am in a situation that the co have told me to leave my present job due to training, have gone for another role which the union advised me to do so to be reasonable, been advised due to travel cant do the job, and then advised that I can do my role and they have put all reasonable adjutments they can do ???? what would you do

[inline66]

It seems to me that you are at an impass. The company are saying you are healthly based on the last medical report and in any event have made all reasonable adjustments. Your position is that you meet the requirements of the DDA and require further reasonable adjustments.

I think you need to push the union in order to negociate on your behalf. If you feel you are not getting anywhere with an union inhouse representative you may want to consider asking the union to bring in an external representaive with appropriate training in the DDA

Have they given you a formal warning that you may be dismissed unless you meet some criteria such as attending the remote training. If you have a formal warning then I would suggest that you request legal assistance from the union. Have you been in the union long enougth to get legal assistance

[betty007]

the union have advised me that I can get legal assistance when I have been issued a formal warning which has not happened. I feel that I am going to see a solictor and get this moved on as you quote this is an impass - I was reading your replies to the thread re dda in scotland and I feel that as this is a major plc they are in a position to wait and see what happens - it maddens me that these large companies can get away with treating their employees like this, throw us on the scrapheap.
A point to note I think is that the union who's interest sb with thier members is sadly lacking
thank you for your replies and advice for the meantime

[inline66]

I understand your frustration as neither the company or the union seem to be supporting you.

I understand that the company has not given you a formal warning.

Is the company putting you in a position which is comprising your health at the present time e.g. the company demanding you attend the remote training either now or in the future may be causing you distress. If it is the case then I would insist that the union either negociate on your behalf to resolve the matter or if the union believes that negociation has run its course then insist on the union providing legal assistance.

Have you put this issue in writing to the union.

I don't see why you should have to pay for a solicitor if you have been a member of the union for the qualifying period for legal assistance.

[betty007]

The union has been lacking to say the least a good example of this every time I ask for notes taking at previous meetings i am still awaiting so you can imagine my frustration.

I do feel that the company's actions are detremening my health and I do not feel that the union are supporting me as they as I said before seemed to working in the interests of the company rather then me.

I feel that If I put my own solictors on to it that it will break this stalemate - the union did try and get me legal assistance but was advised until I get dimissed there is little they can do.

Thanks for your posts you seem very knowledgable in the DDA was reading through the dda link you had left on scotland dda thread - Suppose youre not an employment solictor could use you!!

[1st Progeny]

Bety

I can give some advice next week on this as i know some expets in this field...hold tight

[flybynite]

Hi Betty007,
i to am having trouble with a large company failing to make reasonable ajustments. I have been fighting this since december, i had a grievance meeting on 25th jan and still waiting for a reply from manager. this has been detremental to my health, i have had to put up with harrassment, bullying and work collegues discussing my personal health problems, how long i have been off work. this has all added to the stress and worry i alredy have. i would put in to the employment tribunal under the dda. i hope you get your problem sorted out, these large companys think that they can treat you like your not worth anything and that you can be replaced.good luck.