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different treatment - same exemption


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If 4 staff have a permanent or temporary medical exemption (from the GP / occupational health) to doing part of a job (manual handling - staff are 3 female and 1 male) BUT the one male is told he has to do this part of the job (but the other 3 females not) is this an example of a breach of the equality act 2010?

 

If it is what can be done?

 

If it is not a breach what can be done?

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It's a medical exemption, nothing to do with equality or discrimination.

This sort of scenario usually ends up with the strong camel carrying all the weight, breaking it's back with one last straw.

Is there a union?

Best case scenario would be to have an extra pair of hands, but we all know that this is the era of cuts and skeleton staffing levels.

Difficult situation...

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It's a medical exemption, nothing to do with equality or discrimination.

This sort of scenario usually ends up with the strong camel carrying all the weight, breaking it's back with one last straw.

Is there a union?

Best case scenario would be to have an extra pair of hands, but we all know that this is the era of cuts and skeleton staffing levels.

Difficult situation...

Thank you for replying.

 

My question is how do you tackle this? 3 people treated one way and the male differently.

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Call your local rep and tell them it's urgent.

If they don't start dealing with it within a reasonable time, call union head office and tell them (Don't ask, tell them) that you need to speak to the functional/area rep.

You pay the union to get a service when needed, not to pay their pints down Wetherspoons.

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If 4 staff have a permanent or temporary medical exemption (from the GP / occupational health) to doing part of a job (manual handling - staff are 3 female and 1 male) BUT the one male is told he has to do this part of the job (but the other 3 females not) is this an example of a breach of the equality act 2010?

 

If it is what can be done?

 

If it is not a breach what can be done?

There is no such thing as a "medical exemption" from a doctor to doing your job. For anyone. It's actually called "unfit for duty" and may result in your dismissal for fair reasons. Doctors do not tell employers what your work should be.

 

Be very careful what you argue here. You are lining up a legally fair reason to dismiss you.

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