Newly disabled

[babia]

I apologise in advance for this long post.

I live in West Yorkshire and I am employed by a company based in Glasgow as an Electrical Supervisor, working on various sites around the West Yorkshire area, and based from the Manchester Office.

I was diagnosed with suspected Rheumatoid Arthritis in December 2011. At this point I informed my line manager of my diagnosis. He made no comment I explained that I may need some latitude and help to cope with my condition. Again he made no comment. The manager subsequently left the company around easter.

In February 2012 the diagnosis of Rheumatoid Arthritis was confirmed and a copy of the report from my Rheumatologist was sent to the office in Manchester. I assume that this report would be forwarded to Head Office to Human Resources.

Since diagnosis my GP has advised that I undertake “light duties only” until reasonable adjustments could be made with my employer. I have forwarded these “fit notes” to Manchester office on a regular basis. I have also requested through one of the contract managers in the absence of a branch manager that I be put in contact with someone at Head Office to discuss the reasonable adjustments that I need. To date this has not happened other than to allow me a little time to attend doctor and hospital appointments.

On 11th April 2012 I visited my GP who advised me that I should refrain from driving vehicles with manual transmissions due to the pain and discomfort that I was experiencing in my left ankle, I immediately contacted the transport manager based at head office, to appraise him of the situation and to ask him the procedures for using my own vehicle for work purposes. I didn’t get the relevant information until Friday morning. The result of this is that I have now had two days pay deducted from this months salary for “absence” through no fault of my own.

I am unable to use the company supplied PDA’s because of there unsuitability for someone with my condition there fore I have agreed to use my own mobile phone business purposes. This means that I have to prepare any report sheets either by hand or utilising my PC. Some times doing the sheets by hand is difficult because of my disability, so I invariably prepare the sheets on my PC. I was told yesterday that this was unacceptable and that I should use a pen, and that if this wasn’t possible that I was no good to the company and that perhaps I or the company would have to consider my position.....

I have been supplied with walking sticks by my occupational therapist to assist me in walking when required due to the stiffness and pain created by my condition, I was told yesterday that should I ever have to use these on site I would be asked to leave site. The site that was being referred to was a Bus Station operated by the local authority.... I was further told that should a client discover me on site using the walking aids then he (the client) would ask that I was removed from site.

In summary, since I have been diagnosed with my disability I have tried on several occasions to have formal and meaning full discussions with ECG in relation to the “reasonable adjustments” that the Equality Act and the Disability Discrimination Act afford me. At the moment all the adjustments to enable me to do my work are being supplied by myself.

 

In view of the above and in particular the remarks made to me regarding my condition I have no been left wth no choice other than to assume that the company are unable/unwilling to fullfill their obligations under the relevant Acts and therefore I must now regrettably assume that the duties which my fit note alludes to are to be discounted and that I will now be treated as being unfit to work.

I have also discovered that immediately after my diagnosis was confirmed the company took immediate steps with an employment agency and advertised my job, (I found out through a colleague) they have subsequently interviewed candidates and have offered someone the position which I believe he has accepted.

This treatment has left me upset and distressed as if my diagnosis isn’t enough to contend with. I have since visited my GP who has now diagnosed me with clinical depression brought on by work related stress and has now signed me off as unfit for work for three months.

I now believe that the company have destroyed all trust between us and I was thinking that I may have a case for constructive dismissal and disability discrimination. Any advice anyone?

 

Thanks Jon

[lbruk]

Hi, welcome to the CAG

 

I would raise a grievance immediately, stating exactly what you have put above, though more details and you probably have lots more incidents that you can put in.

 

I cant stress this enough, but do not resign, stay in employment.

 

I would also submit a discrimination questionnaire to the HR department.

 

I believe there is a strong case here of not making reasonable adjustments to your role and potentially if they have replaced your role, then how are they going to get rid of you? i would try to hunt down the advert for your role etc.

[johnvernon74]

Raise a grievance as lbruk says. Also consider making a claim for Disability Discrimination via the Employment Tribunal. There is a strict 3 month -1 day rule from when the last act of discrimination is alleged. They have obligations under the Equality Act and on the face of it you have a good case. There is lots of good people with great advice on here and Im sure they will comment soon. Good luck

[babia]

Hi thanks for the welcome an good advice.

I have already raised a greivance with HR at head office and they have so far completly ignored me, no reply no acknoledgement no nothing.

I also have a copy of the job advert that they used.

As for how they where going to get rid of me well I think that threatening me to have me removed from site if I had to use my sticks.............

[lbruk]

Ok, well you are off now.

 

How long so did you file your grievance?

[babia]

I sent an e mail last Friday ( 1 week ago) and followed it up with a recorded delivery hard copy.

[Browncow]

I sent an e mail last Friday ( 1 week ago) and followed it up with a recorded delivery hard copy.

 

 

You can also send a Disability Discrimination Questionnaire. This is less likely to antagonise the employer as much aa if you filed the ET claim. You can ask questions like "Do you accept that I am disabled?" Who is dealing with my request for workplace adjustments? etc

 

Here are the questionnaire and the guide to filling it out

 

http://www.practicallaw.com/4-203-9089

 

http://search.conduit.com/Results.aspx?q=disability+discrimination+questionnaire&ctid=CT2740822&octid=CT2740822&SearchSource=1

[johnvernon74]

You can also send a Disability Discrimination Questionnaire. This is less likely to antagonise the employer as much aa if you filed the ET claim. You can ask questions like "Do you accept that I am disabled?" Who is dealing with my request for workplace adjustments? etc

 

Here are the questionnaire and the guide to filling it out

 

http://www.practicallaw.com/4-203-9089

 

http://search.conduit.com/Results.aspx?q=disability+discrimination+questionnaire&ctid=CT2740822&octid=CT2740822&SearchSource=1

 

Yes, the questionnaire is a good idea however OP must take note of timescale for submitting ET1 form.

[stu007]

Hi

 

What gets up my goat with some employers when it comes to reasonable adjustments especially if the person is disabled they can actually apply for grants to make those reasonable adjustment making the cost impact to the business very minimal.