a Disability act question

[postmn]

about 10 years ago i had two slipped discs in my lower back and they were sorted by phsio and drugs , fast forward tp last year and i have another relapse .

no problems

 

This time i am with a different surgery and i go for a X ray and MRI Scan which shows significant danamge to the lower two discs and damage to the others . i then have a faucet joint injection and 3 injections either side of the discs and return to work . i still have some problems so i had a meetinh with the omanmanger and we arranged a duty that minimized the risk of a relapse no problems what so ever .

 

Then all change i get moved onto another duty and the problems start lots of steps etc that were agrevating my bank , the managers were told but continued to put me on the round , i was coming home woth the back was thrombing like a jack hammer ( Only way i can discribe it .

 

Then one Sunday about a month lateri have a total relapse a neigbour had to help me into the house i could not even stand up straight , went to the GP and was put on very powerful medication (yes i did start bouncing off the walls) . and got refered to the local back pain clinic . The Gp asked what had changed because it had been working and i told her needless to say she was not happy ,

 

Off to the specialist and he again says what happened so i told him and he started physio while waiting for the injections up the spine again .

 

Occupationak health are involved biut they consistently say i am not covered under the disability discrimination act . which i have to disagress with , my backj will not repair itself just stabilize so i do have a disability .

 

Also since i would be returning back to work next month hopefully i do feel the company is repsonsible for my latest relapse ( No i dont wont compo) but i feel they should have to make allowances that they would have to stick to

 

Sorry for the long post

[obiter dictum]

Please tell me this is Royal Mail and Occupational assist

 

I bet you had telephone appointments and not face to face with the Atossers?

 

When did the problems start again last year (Month) and when was the last Atos appointment

 

Have you raised the issue with the local IR or Health and Safety Rep?

[Bazooka Boo]

The DDA no longer exists, it is now the Equality Act.... for all the good it is.http://www.legislation.gov.uk/ukpga/2010/15/contents

[postmn]

Please tell me this is Royal Mail and Occupational assist

 

I bet you had telephone appointments and not face to face with the Atossers?

 

When did the problems start again last year (Month) and when was the last Atos appointment

 

Have you raised the issue with the local IR or Health and Safety Rep?

 

yes it was them , always wondered how they can assess over the telephone , the GP and specialist , physio are all reading the same book . there assesment is it will not get better but they can stabilise it and they all agree the change of duties caused the relapse .they started at end of may this year whenm i got moved to a duty with a lot of 2 story flats . they were informed after the first week and even tried to get the union rep involved but he said stick with it . when i queried about the meeting i had with the dom they said it was only a tempery arrangement . (That was not the impression i had when the meeting had finisihed)

 

2014 late in the year had the injections novenmber then got move donto a round that minized the risk , then after 4 months of no problems got moved to the different round

[obiter dictum]

You need to tell the Line Manager you need an immediate referral to ATOS for a Face to Face consultation, not telephone.

 

Tell him your condition has changed and your current duty structure is causing you detriment on advice from your GP and Surgeon

 

These chinless wonders/graduate managers now being employed by Royal Mail are nothing more than Glorified bean counters.

 

If you get any resistance show him this:

 

http://www.legislation.gov.uk/uksi/1999/3242/regulation/3/made

 

As you are on sick leave send the request by email as that is a paper trail and evidence

 

Keep me updated on this

Edited August 19, 2015 by honeybee13
Pejorative word removed.

[estellyn]

Disability

 

(1)A person (P) has a disability if—

(a)P has a physical or mental impairment, and

(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities.

 

The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(4)The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage.

(5)The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid.

 

Failure to comply with duty

 

(1)A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments.

(2)A discriminates against a disabled person if A fails to comply with that duty in relation to that person.

(3)A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise.

 

Seems like you qualify for a reasonable adjustment at work to me. a reasonable adjustment was available, in that your round was originally changed, and the change was effective. The refusal to make reasonable adjustments might reasonably be claimed to have contributed to a deterioration in your condition.

[postmn]

Seems like you qualify for a reasonable adjustment at work to me. a reasonable adjustment was available, in that your round was originally changed, and the change was effective. The refusal to make reasonable adjustments might reasonably be claimed to have contributed to a deterioration in your condition.

 

i forgot to add that when i joined them 8 years ago i did have a face to face referral because i decleared by slipped discs 2 years previous .

[postmn]

just checked with the hospital because i had not receieved any paper work from the hospital and founf out i had been bumped all the way to the end of the month , but they do have a cancellation , Yup you have guessed it on the day i was originally ment to have it ( Cant make it up can you)