Elche/Ell-enn/EXPERTS!! lol - medical conditions at work

[ErikaPNP]

Hello! Scenario:

 

Someone has a muscoloskeletal condition that has been assessed by occupational health and OH has performed a desk assessment, which includes measurements of heights, widths etc. The employee has been recommended a certain chair and desk. The chair comes but the desk doesn't materialise. At this time, employee has one job at desk 1.

 

Some months later, said employee is expected to perform two jobs, which involve sitting at two very different desks. The desks are different in height, construction and width etc and are set up differently. The employee has only had one desk assessment on desk 1. There has not been any assessment on desk 2. Employee finds that alternating between the two very different desks and as a result having to constantly fiddle with the settings on the chair and set up desk 2 to find a comfortable working position has gradually exacerbated the medical condition. In addition the desk 2 duties mean the employee is not allowed to leave the desk for several hours, yet OH report states employee MUST mobilise every 45 minutes, again not being allowed to do this has exacerbated the condition.

 

employee has no issue performing two jobs, and in fact is keen to show willing but objects to the nature of the duty performed in job 2 and the desk provided as it has exacerbated her condition, causing her physical pain.

 

Is it reasonable for the employee refuse to work on desk 2 and perform the duties in which she is not permitted to mobilise, until another full assessment has been performed? Or can she be forced to continue until OH have performed another assessment, risking further damage?

[Rooster-UK]

They are both online. I'm sure that one of them will see your post soon.

 

Regards, Rooster.

[elche]

hi Erika,

 

Not sure if some of my client's would call me an expert ... but perhaps some might - the ones that win lol.......

 

Anyway back to your scenario. It seems almost certain that the medical condition you describe would be covered by the DDA and therefore an employer must consider reasonable adjustments as they seem to have done (partly) re desk 1.

 

Furthermore, if the employee refused to work at desk 2, and were dismissed or disciplined for this then they may and probably would have a good discrim / UD claim.

 

This is all great in theory - but theories don't pay the bills and there is no such thing as a claim you cannot lose no matter strong your case appears.

 

I would advise, assuming the employee wants the job, that an informal chat is used initially explaining the problems with desk 2, perhaps a polite reminder that if as you say it has worsened the medical condition, then it could to a future EL claim for injury. Whilst insured the employer will not want this and it may assist in persuading them to get of their bums and sort out the work desk.

 

If the informal route does not work, then I suppose submitting a grievance is the only route, unless you wanted to be really brave and go for the CD claim.

 

Hope this helps

 

Che

[ErikaPNP]

Thanks!

 

I have mentioned it several times, and had a chat with my immediate manager regarding it, volunteered to go back to OH, even though they should heed the original report but unfortunately the boss above my manager insists on my doing job 2 and no leeway. He's not the brightest smartie in the tube when it comes to health and safety - I even had to inform him that every job regardless of whether the staff member performing it has a medical condition should be risk assessed. He didn't believe me so I had to email him the links. Scary considering he has been a "boss" for several years.

 

In the OH report, it is stated that it is unlikely I would be covered by the DDA as I had not had the condition for more than 12 months at the time of the OH assessment (complete tosh - I have had it for several years). I receive medication if it flares up and have had physio too, but I am not registered as disabled and don't receive any disability benefits. Does that make a difference under the DDA?