Long term sick covered by DDA

[applegirl]

Hi

 

Hoping you guys can help, because i dont know what to do next.

 

I've been with my employer for many years. I have been off sick for quite a while now. I've seen Occupational Health numerous times, he has written reports saying I have long term health problems that mean i am covered by the DDA and should be in a different role. They have advised me that although they are obliged to make reasonable adjustments, this does not include creating a new role for me.

 

Management keep coming back saying no other roles exist

 

I've now just found out that other roles have moved from another office in the country to the office i am based at. These positions are now filled. As far as I am aware they haven't been advertised either externally or internally.

 

Should I have been advised of these roles?

Is there anything I can do about it now?

 

Don't know if I should ask to see HR? My manager? Union? Don't know what questions I need to be asking. Can anyone help?

 

Thanks

[scousegeezer]

Applegirl,

OK lets start with the fact that your employer has now accepted that you are covered by the DDA. It all depends on when they were advised of you being covered and when the other positions were moved to your present location. It also depends on whether the people performing those roles were relocated along with the positions. If your employer was aware of your status before the roles were relocated to you office building and there were some vacant positions then they may be "guilty" of descrimination. Has your employer made any reasonable udjustments to allow you to carry out your role. Rise and fall desk or a bespoke chair etc. If not , will reasonable adjustments allow you to do your job. If they will then your company OHU should make those recommendations. If not then the next step is re-deployment, finding you another position. If there isnt a position available for you, would light duties be possible until a new position is found for you. I would recommend seeing your union rep and see if he/she can arrange a meeting with your manager to sort out these problems. Until I have further informatiion I cannot help you anymore. If you are considering legal action for disability descrimination action , I will advise you that you no longer have to submit a grievance anymore - HOWEVER a tribunal would look more favourably on your case if you did submit a grievance first. A reasonable person would submit a grievance and give the company an opportunity to right its mistakes. After all a lot of descrimination is indirect/unintentional - due to peoples ignorance, unawareness.

 

Cheers - Scousegeezer.

[applegirl]

Aww thanks for replying Scousegeezer.

 

As far as I am aware my doctor reckons i have been covered by DDA since about 2006.

I started seeing one Occ Health person who didn't help at all; and their outlook on my position was that i was talking myself out of a job. The next occ health person i saw and who i still see, is much more understanding. As far as i am aware they reported to management in September last year that i was covered by the DDA. They have sent a further 2 reports reiterating this.

The new roles have been created because another office has been closed down. We were notified that the other office was closing beginning of this year. The jobs/roles moved to our office last month, no staff moved from the old location.

 

I have had a desk assessment etc. My employer is good about that sort of thing. There are no adjustments they could make that will help, as it is a mental illness and not physical.

 

My health care providers and Occ Health have both stated that re-deployment is required. Light duties haven't been suggested, but i would be more than open to the idea.

 

I don't know what my options are regarding legal action and whether or not to consider it. Is it expensive? Money is very tight; hence me wanting to return to work.

 

I have been trying to contact my managers to discuss what options ie work are available. But they don't reply to me. I want to keep a record of what is happening so i have been emailing them rather than telephoning and i get easily flustered on the phone. Like I said, they don't reply to my emails.

 

Thanks again

[scousegeezer]

Applegirl,

You have not stated if you are in a union or not. If you are make an appt. with your rep right away. You ARE taking the right tack, keeping your e-mails etc. I would advise you printing them off and taking them home. E-mails have a habit of disappearing sometimes - system probelems?? I think not. Also keep a diary of any conversations , state when recorded - at earliest opportunity and sign each entry, date and time it. You employer is not obliged to create a position for you, but if there is a position you acn fill, that is available ; then they should offer the psotion to you before anyone else is considered. If they dont they are "guilty" of descrimination. But you have to be in a position to prove it - keep copies of the internal advert etc. Finally it is up to you , you could submit a grievance and see where that gets you. There are lawyers around who will assess your case and take it on a no win no fee basis if they feel the prospects of winning are good. Thats what I am in the process doing at the moment, my solicitor has issued an ET1 to my former employer for DD. The down side of this tho , is that their fees are quite high - I dont have to pay a penny unless I win - the fee - 33% of my award. I made my decision. I took the agreement - we are taking on a government dept.

 

Cheers - Scousegeezer.

[applegirl]

Yes i am in the union. For what good they have been.

I am trying to get an appointment with a different rep this week.

 

I am emailing them from home. But good idea to print them off. Will do that this evening. Also I think I may have "useful" emails that i have sent from work. Will have to try and get in and read through them and print anything off that backs up stuff i have informed them of, dates etc.

 

The problem with these posts that have been filled last month, is, i'm sure they have not been advertised. Last time i was in work, i looked for internal vacancies and there were none. I registered my home email add to receive notification of any vacancies that came up. I got an email 'Thanks for registering, we'll email you with any vacancies", but have had no emails since; so presuming they were not advertised.

 

Good for you, taking on the big guns!!!!! 33% is a lot. but i suppose you have to think of it as 66% of something is a whole lot better than 100% of nothing!!! Fingers crossed for you!!

[scousegeezer]

Applegirl,

OK thanks for that. Its over to you now as to what action you wish to take. IF you can prove that those vacancies were filled after your employer became aware of your position , then you can take action now. Your decision. One last thing - since April last year you can now claim lost earning from your ex -employer at a DD tribunal hearing. Thats if you are put into the position were you feel you have to resign or your employer "medically " retires you from your position.

 

Good Luck with everything.

 

Cheers - Scousegeezer

[Uncertain]

This is a difficult situation (I've been in a similar one myself).

 

You need to try and have a clear idea in your own mind of what you would like to happen. Do you think one of these different roles internally would be a long term answer? The potential downside of forcing the employer's hand into letting you try is, if it doesn't work out, they may have discharged their obligation regarding reasonable adjustment.

 

The fact that a DDA situation has been accepted will make the employer very cautious. Some large organisations may just do noting at all if you let them. Presumably your company sick pay has run out? OK, thanks to the recent court ruling, they have to pay you for 28 days holiday per year but that is all you are now costing them. They may take the view that this is the safest path and let it run.

 

Would you prefer some kind of pay off? Would you qualify for retirement on health grounds (pension - firm's insurance etc). Otherwise the only option is a compromise agreement where the firm gives you some money in exchange for you giving up any possible claims.

[roxie81]

hi there,ive got sum knowledge on this,my partner was covered by DDA & then it went to a tribunal & he won 100%,u said u were covered by DDA was that through a employment tribunal? my partner done grievence procedure then his lawyer had to argue he should be covered by DDA which he was then they went to tribunal. because my partner had no wages from employer he got legal aid, if i can stress watever you do keep records of any calls,emails any evidence it'l be worth its weight in gold,good luck if i can answer any queries just pm me x

[applegirl]

Thanks guys

 

I am still receiving a reduced pay but it will run out soon.

 

I don't know what it is i want to achieve to be honest.I would have liked the option of one of these roles i mentioned and i think i would have taken it. but having said that, i dont know the full ins and outs of that role. it may not be perfect but has to be a massive improvement on my current role.

 

Going back to the current role would see me being taken down a capability route, them saying i'm not capable of doing the role and dismissing me. Which at this rate I will have to do. I will soon go onto SSP and can't afford to do so; so would have to consider returning to work doing my original role and stick it out as long as poss, and be taken down capability path; i've been told i would get 1 weeks pay for every year i have been there, plus holiday pay.

 

Downside of this is when i come to apply for other jobs. Having said that, i don't know what sort of reference I would get if i start looking for alternative work now.

[Uncertain]

If you manage to agree a compromise agreement (which I would have thought under these circumstances should be possible) it is normal to include an agreed reference as part of the deal. This would at least give you some certainty about what would be said to prospective employers.