Disabled discrimination or reasonable request by employer?

[CrustyRusty]

First hello to all and thanks in advance for any and all help given.

 

Sorry it is a long post but it is a complicated problem. (At least I think it is)

 

 

Outline:

I have been disabled for a number of years now, 12 months ago (Jan 2012) I had an accident at work that left me in a condition where I could not work, now a year later on advice from my doctor I am in a position to return to work on a phased return.

 

The company sent me to an independent doctor for evaluation and she agreed with my own doctor of phased return as did the company HR dept and the various other support services I am involved with.

 

However my employer says "Yes you can return on a phased return, but for the first 6 weeks you will have to do 40Hrs per week training (this is full time hours) and that I will have to stay seated for periods of two hours or more, their doctors report clearly states that at most I would be able to stay seated for 20 minutes at any given time.

 

 

Background:

 

The accident happened in work during normal working hours whilst carrying out my normal duties but my employer denies liability of any kind.

 

During my sickness I was TUPE'd over to a new company 2 days before I was due to return to work (June 04 2012).

The 'new' employer had not been notified by the 'old' employer of my imminent return to work.

The 'new' employer refused to allow me to return to work at that time on the grounds I would need a 'DSE' assessment and they would need to install any specialist equipment. After this process they kept stating their concern over cost of said equipment and concern that I would not return to work, discussions went on for 2-3 months in October they stipulated the 40 hours a week.

I have been claiming SSP and obtaining Sick notes from the doctor to cover the period from their first refusal to allow me to return.

 

Questions:

1. Am I being discriminated against (I.E. If an able bodied person needed a new chair they would have it in minutes)

2. Is the demand I do 40 hours a week training for the first 6 weeks a reasonable request?

3. As the employer refused me access to work should they pay my wages or should I be claiming SSP?

4. Can they insist that I stay seated for prolonged periods that all medical people involved state would be detrimental to my health?

 

CrustyRusty

[Nystagmite]

You may get a better answer in the employment forum? If you can't do 40 hours a week, they can't force you to do that.

[renegadeimp]

They cannot go against the doctors advice. They would be VERY stupid if they did.

[CrustyRusty]

I should also mention that I was summoned to appear at local JCP to 'talk' with the DEA who agreed that it was reasonable as it was not work but training.

 

P.S. She also mentioned I may have to go for another ATOS session

@Nystagmite maybe the moderators would agree and if so they are free to move my post to the relevant section

[renegadeimp]

It is NOT reasonable. It doesnt matter if its training or full employment.

[fletch70]

Are you going to be paid during this training? If yes then it is enjoyment.

If their own doctor has said a phased return to work and HR agreed do you have that in writing.

I think they are on dodgy ground but suggest you give Acas a call and see what they say.

[CrustyRusty]

Are you going to be paid during this training? If yes then it is enjoyment.

If their own doctor has said a phased return to work and HR agreed do you have that in writing.

I think they are on dodgy ground but suggest you give Acas a call and see what they say.

 

Yes I will be paid.

The doctors comments are in a written report (I do not have a copy)

Getting anything in writing is very unlikely I can rarely get them to talk to me on the phone. (Left loads of messages on their answerphone but never been called back more than perhaps once), that said there was someone from (not sure I can name them here) an "officially recognised organisation" present at the time it was said