DDA Problmes

[mai20]

GP has put me on reduced hrs and when presented the certificate to manager was told that it could not implemented immediately because they wanted to have meeting with me first one was to discuss my DD and second meeting was because I was absence and triggered. I told the manager that I could not do my full times until they implemented minor adjustments and also I was not well enough work to carry out my full hours like before.

 

my employer knows about my DD as the company's OH said that I have an underlying condition that was over 2 years ago. my employer never help me with my DD and indeed ignored what the OH said and now my GP as well. As there have never been any minor adjustment made for me at work. I have been victimized due to my DD by other colleagues at work and now I just cannot bear going in there anymore.

 

today was told not to leave the floor to go to the toilet without first asking the manager as it would be classed as gross misconduct. There is never manager on the floor and the washroom is 4 floor up in a slow lift so if I should want to go to the toilet then I will have to look for a manager and then make way up 3 floor to get to them.

 

Is this legal can they do this and now it seems to be getting worse every day now.

[mariefab]

What is DD?

[mai20]

Disability Discrimination

[mariefab]

OK, are you certain that your medical condition is one that qualifies you for protection under the Act.

[Sidewinder]

...and more to the point does the employer know that you consider yourself disabled under the DDA and that you believe that he should make certain adjustments in order for you to continue in employment? How 'reasonable' are the adjustments to make, and what type of disablity is it? What is the nature of the business? I am not sure that presenting a certificate and saying that the employer should reduce your hours is the right approach. There should be a meeting to discuss the condition and propose what might be done to allow you to continue. The employer then has a right to disagree if he feels that the changes that you have proposed cannot be accommodated.

 

If the employer is aware of all of the facts, then the obvious step is to lodge a grievance, stating that the employer is ignoring the needs that your condition deserves. At that point the toilet issue then becomes relevant, especially if the need to visit more often, or if it takes you longer than for other employees is a consequence of your disability.

 

Sorry if that reads as though I am challenging what you are going through at work, just that we are unaware of any background and your post sounds like you are jumping straight to the confrontation and bypassing the negotiation!

[mai20]

This has been an ongoing saga for over 2 years, first submitted a grievance 2 years ago about this and when I did not agree with findings but they keep dragging it out and my health has suffered because of it.

 

Also had a long meeting last week after a lengthy letter/grievance to my employer and presented copies of 2 certificates with union rep present at the meeting. One certificate was completely ignored about making minor adjustment and the second certificate said that I should have reduced hrs with minor adjustment also the company did not want to implement immediately the reduced hrs immediately as they wanted to have a meeting with me first.

 

The company is a large organization with lots of different managers and temporary staff. Most of the managers either do not care or they feel that I should not be working there as I am near retirement age. Managers want to keep on some of the temporary staff as they like them. Some staff keeps saying why I not retire.

 

At the meeting some things were agree but again totally ignored by managers on the floor.

 

It seems the more you protests the worse the make it for you. Union know I have a disability but seems to be taking the softly, softly approach with them and they will do anything positive for me regarding the minor adjustments. They want people to leave and take on new temporary people as they do not cost the company so much to employ.

 

Been off with recently and have triggered and now the company has arranged a trigger meeting because of it, union knows about this and agrees with it.

 

My disability is an underline condition is recognized under the DDA and the company own OH has said what needs to be done to make minor adjustments over 2 years but the company ignores this as well.

 

Adjustments are very minor and could be done immediately but the employer does not want to do them for me and I said this last week at the meeting with union rep present.

 

Another colleague said to me last week that the company is a law on to themselves.

Edited July 30, 2010 by mai20

[mariefab]

had a long meeting last week after a lengthy letter/grievance to my employer

 

Has your employer provided you with a written response to your grievance?

If not, I suggest that you write to them asking for this.

[mai20]

No nothing, no notes of the meeting were given to me or the union rep; I drafted a letter in response to the meeting and sent it to the union for opinion. I was told by the union rep that was excessive as everything was encapsulated in the notes read out after the meeting. I have not received these notes as yet,

 

There were lots of things that were not discussed at the meeting regarding deduction of pay and breach of confidentality and bully by staff members.

[mariefab]

In that case I suggest that you write to the manager that was in charge of the grievance meeting. (There's no need to go through the union rep.)

 

Perhaps just a short note, something like:

 

Dear...

 

Further to the grievance meeting on ?? July; I haven't received your written response to my grievance. Could you please let me know when I can expect to receive this.

 

Yours etc.

 

I'm afraid that it's too easy for employers to simply fob you off verbally then do nothing.

There's a kind of unwritten rule that 'If it's not written down it never happened'.

So, it might be best to keep the communication in writing as much as possible from now on because it's harder for them to ignore.

Make sure that you keep copies of everything that you send as well as anything you recieve from your employer.

 

Has the time that you have had off work, that has caused the trigger meeting, been time off sick due to your disability?

[mariefab]

If you like you could add this to the note:

 

I hope that you can also assist me with another matter. I have been informed by (name of person) that when I need to use the toilet failure to first locate a manager and seek permission will be gross misconduct. Perhaps you can supply with with the policy confirming this.

[mai20]

Thanks, I will do that today. Yes, it was as there were not minor adjustments done at work for me.

 

Is it correct that if a person has a recognized DDA then there should be no trigger regarding absences.

[mariefab]

Is it correct that if a person has a recognized DDA then there should be no trigger regarding absences.

 

It really depends on how much absence we're talking about.

It's a fairly commonplace 'reasonable adjustment' under the DDA to allow an employee with a disability to have a higher rate of sickness absence than employees without disabilities before triggering such a meeting.

[justmyopinion]

Is there a definitive list of what is covered by DDA?

[mariefab]

Not as far as I know.

It's generally more a matter of whether a medical condition meets certain criteria. The link below provides a very good explanation.

 

DDA definition of disability - PCS

[justmyopinion]

Many thanks

[justmyopinion]

That may have answered my question which concered my wife's depression and ongoing treatment - separate thread regarding disciplinary proceedings refers