Ill health, employer not recognising DDA

[Guest Another Spartacus]

I am waiting for a diagnosis and have had lots of tests etc. Further to a telephone assesment with ATOS my employer has informed me that I am not covered under DDA because my condition has not been ongoing for 12 months (as the condition has not yet been diagnosed). ATOS have suggested a 'gentle approach' to my circumstances for adjustments at work and occupational health will be involved.

Long story short, most of the symptoms that I have have been ongoing (and worsening) for over two years in connection with another medical problem where surgery was involved. Apparantly lots of the symtoms I have can manifest in various illnesses.

I disputed this with my employer who said that she will contact ASOS again with my concerns but that this is a new refferal and has nothing to do with my previous medical history.

I have found that ATOS never seem to report 'accurately' their findings with my employer.

 

I would prefer my employer to deploy me to a less stressfull and demanding role but I have been advised that 'it's just not possible'

 

Please help

[papasmurf1cx]

The only people that can 'legally' declare you have a disability is the courts / Tribunal after hearing all the evidence, including expert medical opinion.

 

If YOU are saying that the medical conditions you have are affecting the activities of daily living eg concentration, toileting, mobility etc then your employer would do well to recognise that there is 'potential' problem that they should be making reasonable adjustments for. Many employers simply ask what you actually need and then comply with any reasonable request.

 

The conditions don't have to last 12 months, they can start immediately a disability is obvious eg an amputation of a limb. Or they can be intermittent and last a life time eg a MS sufferer. Or they are "likely" to last more than 12 months eg mental conditions like depression, anxiety etc.

 

The DDA has been repealed you need to look at the new Equality Act 2010. In the act there is something about 'perception' of disability, although I don't profess to know about this.

 

If the employer is ignoring your reasonable requests for adjustment perhaps you need to put in a grievance and alleged that they are breaking their Equality policies. Putting in a grieveance and if you then suffer additional problems BECAUSE you have submitted a grievance would then be victimisation. Grievance is the first step in a long road that leads to Tribunals.

 

If you are heading that way, you probably need a Union or Independent legal Protection insurance to fight the case for you. If you have neither perhaps you should get the insurance before starting any grievances ie leave it for a while and start again at the employer in a few months.

[Guest Another Spartacus]

Thankyou papasmurf. I will check on the links and advice that you have kindly provided. x