Had reply to grievance

[Allwood]

Got a reply to my grievance but was not satisfied with my employers replies as I am still in the same position as before I put in the grievance. Employer has not addresses any of my issues and will not accommodate with my disability. After numbers of phone calls and emails to my union rep and about how I should reply to the outcome of the grievance and got no response I therefore had to reply to my employer myself but without any advice from my union rep.

 

After I had put in the response as if I did not it would have been out of time. I again tried to get my union rep for advice on DDA, I finally got a phone call stating that I should start all over again with another grievance. Now my employer is clearly in breach of the DDA and when I posed this question to my union rep he said he would look it up but he was not sure and said that my disability would not come under the act, I had to force him to get that response from him. I feel that he is not taking my case seriously and he seems vague on the phone to me about my case although he said that he has read everything he vaguely made reference to some of the the major items in what I sent him but from speaking to him briefly on the phone I feel that it is a wast of time with him

 

He said to ring him when he will be in his office again next week. I feel that I am struggling with him and with my employer.

Edited May 15, 2008 by Allwood

[Allwood]

Just remember should I not wait until I hear back from my employer before I start another grievance, can someone please let me know if this the correct procedure.

[Sidewinder]

What response do you expect from the employer and what could you include in a new grievance which hasn't been said already?

 

Your response should have been exercising the right to appeal and this should be handled by a more senior (or different) manager. Just be aware that if you end up taking this to a Tribunal you may end up out of time, so by all means see what the reponse will be but be mindful that the clock is ticking!

[Allwood]

Siderwinder - I did appeal and that was my response to my employers investigations to my grievance. I do not know what the union rep is playing at. We he came with me for the hearing he know the HR manager very well which was very disconcerting. I asked question in my response to my employers investigations to the best of my ability as there were many inconsistencies in the their findings. I think I may have to go to a professional to get a overview of what to do next as clearly my union rep is not at all interesting in my case although their literature says that new members of their union would be able to get legal opinion the moment they join the union. clearly this is not true becasue I have asked my rep for a legal opinion and fell on deft ears.

 

What is the length of time do I have left before I can take it to a tribunal.

[Sidewinder]

The limits are normally three months after the incident causing the grievance or from the date of leaving the employer. If you raise a grievance within three months, then the Tribual may consider an extension to a maximum of six months.

[Allwood]

Well, I am out of time the incident that happened at work took place 6 months ago, but I am still unable to sit down and I have asked my area union if my employer is in breach of DDA because they will not make minor adjustment in relation to my injury. I was told that he would look it up for me and that he thinks that osteoporosis will be be covered as a long term illness in the act.

[Cellbar]

Allwood - have you requested a work place assessment and or occupational health referral?

[Allwood]

Yes, I have put in grievances and got a reply to say that the OHA said that I should be treated as any other employee when sick however when i was taking to the OHA he said that he would be writing to my employer that my duty should be varied able to sit as and when necessary. However my employer dined this in reply to my grievances and said that I should be treated as any other employee although they would let me have a copy of the OHA letter. I told the OHA that I had osteoporosis therefore my employer should be able to accommodate me. My union is absolutely useless.

 

I would be far better off just have an employee with and would cost me nothing instead of paying them a month subscription for what??

[Cellbar]

Allwood - you should make sure you get a copy of the OHA report - forget the Union, they will make it longer and more long winded - just do your own homework and get independent advice as you are doing here. If you are not happy with the outcomes - appeal, and keep on appealing til you get some action. The DDA will cover discrimination in different ways see this link: Landmark judgments for disabled workers | OUT-LAW.COM

[Allwood]

Thanks Cellbar for the link it is very interesting, I have asked in my replies to HR investigation why they refused to let me have OHA letter as well as other issues raised such as why are giving a chair to sit down to pregnant people and not me with my injury but I still have not got a reply to that as yet I think I will have to wait for their reply before I do anything else. All my union rep said that I should put in another grievance and they know I am still waiting for a reply to the appeal I made, these people either do not know what they are talking about or they are in cohorts with the employers. :-?

[Allwood]

Had a meeting with my line manager yesterday and was told firstly that I would have to go for a capability meeting as I needed to be able to sit during my working hours, after the meeting ended and went to my my workstation, I was called again for another meeting and was told that according to their OHA's report my condition was not related to an underlying ill health problem and they would needed to see me again on Monday for another meeting to see if I should have a disciplinary hearing due to my accident which they said was 'sickness' absences from work.

 

After many requests I got sight of the OHA.s report, the actually report which said that my case was reviewed (by way of a telephone conversation at my home). The OHA report said that in her opinion there is no underlying ill health problem as defined in the Company's Managing Sick Absence policy paragraph 4.1. and my employer should manager my case under paragraph 4.2 of the company's policy. My accident was a torn knee cartilage and when I went back to work I was not able to sit at all and knocked my knee again and was off as result of the damage I had done to it.

 

Also the OHA report said that my duties should be varied and I should be allowed to sit and stand during my work hrs. also, during my review on the telephone with the OHA I advised her that I had osteoporoses when asked me if I was taking any other medication.

 

The manager that interview me is leaving the company in two weeks time and I am not sure if he is leaving is due to my grievance or not. Also the manger said that I would be advised on my next day at work after he got some clarification on whether my condition should be classed under the DDA as my injury was a cartilage and not bone related.

 

The report said that a further 2-3 months before I would be fully recovered. However I was forced back to work by HR 5 weeks after that the review by the OHA and was not give anywhere to sit down.

 

Dose anyone know if I should insist on seeing the OHA again as she is medical qualified as oppose to seeing my managers again for them to review me, I do not trust my mangers whatsoever as they have before now completely back track on what they say and are not honest.

[Allwood]

Paragraph 4.1 and 4.2 of Company's Management Sick Absence policy, does anyone know what those paragraph mean.

[vonnie32]

Ask them for a copy of there policy (each companies is different). Also try giving the Equalities and Human Rights Commission a call they are the experts on Disability Related Issues and should be able to give you more information.

[inline66]

Keep the union advised of your situation but do not rely on them

You are not out-of-time to bring a complaint to an ET for disability discrimination as a result of your employer failing to make reasonable adjustments. Since failing to make reasonable adjustments is a continuous act you can make an application to an ET at anytime after 28 days have past from raising a grievance with your employer.

Be aware and careful, in order to prove you have a disability for the purposes of the DDA you need to prove the following.

 

1. The condition is permanent - that means it has lasted more than a year or is likely to last more than a year

2. The condition has a substantial effect on your day to day activities - that means it has more than a minor or trivial effect on your day to day activities

 

Although you have not stated it I suspect you have sciatica and/or back pain as you have problems sitting …but I’m not sure from what you have said. In addition I suspect you have knee pain and feel unstable on your feet. I suspect these symptoms would affect your mobility (walking, traveling in a car, etc...), your concentration (pain distracting you from tasks whilst sitting at a computer, talking to friends), your physical co-ordination (reaching for objects on the floor or a shelf), your ability to lift, carry or otherwise move everyday objects ( e.g. move a chair, carry shopping)

How long have you had a condition which affects you day to day activities?

I suggest you do the following.

Write to your employer and their occupational health adviser and spell it out to them how your condition effects your day to day activities, e.g. walking, sitting, traveling in a car, sitting at a desk at home, using the computer at home, cleaning up the house, car , or garden, socializing. Even if you can do these tasks it is relevant how you do them i.e. painfully or more slowly. Explain about any medication you are taking to mitigate your symptoms and allow you to perform tasks. Explain any tasks you now avoid because of your condition. Explain if it takes you longer to get going in the morning due to joint stiffness (say). Explain if your sleep is being disturbed. Explain if you do not socialize as much because of your condition. If the condition is effecting your mental health e.g. anxiety or depression, although you may find it difficult, you should not hesitate to advise your employer.

I also suggest in the same letter you propose what adjustment you think would help you, adjustments which would put you at no disadvantage to your non disabled colleagues.

The two most common defenses used by the employers are “the employee doesn’t have a disability” and/or “we didn’t know the employee had a disability”. A letter along the above lines will seriously erode these defenses.

Do not be too concerned about their opinion about your disability or otherwise. It is not a decision for the employer or their occupational health adviser as to whether you suffer a disability or not. It is a judicial decision i.e. employment tribunal or civil court.

[Allwood]

Need to make corrections.

Edited June 3, 2008 by Allwood