D.d.a

[Jayfin]

So let me get this right , I was protected under dda at the time of injury , even though I went to my own gp , because of the nature of the injury rm should have sent me to atos at the time of them knowing about it .

[keithposty]

So let me get this right , I was protected under dda at the time of injury , even though I went to my own gp , because of the nature of the injury rm should have sent me to atos at the time of them knowing about it .

TO BE PROTECTED UNDER THE DDA, YOU MUST HAVE THE CONDITION FOR at least 12 MONTHS from the time of reporting the illness and that it is likely to continue

royal mail should have referred you to ATOS if attendance became a problem
ATOS would then recommend if the condition is likely to fall under the DDA
if royal mail have been aware of this condition since conception then yes

royal mail are in trouble as they have an equal duty of care

[Jayfin]

It is a still on going problem, 18 months on I haven't had any more absences since the original two , because I've had ortiotic insoles for my footwear and followed my gp advice . . I'll throw it at the and hope it sticks , thanks for everybodys help and advice

[fishtank]

TO BE PROTECTED UNDER THE DDA, YOU MUST HAVE THE CONDITION FOR at least 12 MONTHS from the time of reporting the illness and that it is likely to continue

It's not enough just to have a "condition".
The word disability is thrown around far too easily on this forum.
Plantar fasciitis can be covered as a disability under the Equality act but it's not an automatic right,it must have a substantial and long-term adverse effect on their ability to perform normal day-to-day activities.
Day to day activities means everything from work to going to the toilet.

This is what the courts and Employment Tribunals use to determine a disability.

http://www.equalityhumanrights.com/uplo ... bility.pdf" onclick="window.open(this.href);return false;

[Jayfin]

As far as I understand from previous posts rm before dismissal should have referred me to atos for a medical report at the time of conception and they didn't .

[keithposty]

TO BE PROTECTED UNDER THE DDA, YOU MUST HAVE THE CONDITION FOR at least 12 MONTHS from the time of reporting the illness and that it is likely to continue

It's not enough just to have a "condition".
The word disability is thrown around far too easily on this forum.
Plantar fasciitis can be covered as a disability under the Equality act but it's not an automatic right,it must have a substantial and long-term adverse effect on their ability to perform normal day-to-day activities.
Day to day activities means everything from work to going to the toilet.

This is what the courts and Employment Tribunals use to determine a disability.

http://www.equalityhumanrights.com/uplo ... bility.pdf" onclick="window.open(this.href);return false;

totally agree

that's when reasonable adjustments come into play in the work place
the disability must have a direct impact on the role in the work place

postman-walking
office worker with a bad back-special chair

it can go on and on but the key is reasonable

[roger]

Jayfin.I put in a reply under your"Dismissed",post.I seems to me that your case is roughly the same as the one that I dealt with and that you wouldn`t have angthing to lose by also going down the grievance route.

[Himaggen]

Can you list your absences and stages and highlight which of each were for PF?

[Jayfin]

Stage 1 warning 2 abseces totalling 17 days one 6 day absence chest infection 11 days off with pf stage 2 warning two absences of 15 days one flu/ 10 days 5days off with pf stage 3 2 absences of 11 days none with pf .

[Himaggen]

Sorry I forgot to ask for the dates, (you can make them up if you wish as long as the periods in between them are correct).

[Jayfin]

Aug 2009 absence chest infection July 2010 pf stage 1 . Sept 2010 pf January 2011 flu stage 2. December 2011stage 3 . January 2012 dismissal .

[easter bunny]

remember

to qualify for DDA protection, you must have reported and suffered from this condition for the previous 12 months

what did the ATOS assessment have to say about your condition ref DDA

did they send you there report

That is not strictly correct . The condition to be covered under the Act, states that it has lasted 12 months or LIKELY to last 12 months . The latter is very important .

[Himaggen]

As you rightly surmised without the PF you'd not have reached Stage 3 yet and I'd certainly pursue this line of enquiry.

Even if the condition was not classed as DDA, I believe that your second absence within two months for the same complaint should have been identified as a recurrence/pattern for ATOS referral. Even if your Manager missed seeing a pattern they should have encouraged you to see ATOS or your own GP, if there is no record of this encouragement at either Stage one or two then your Manager has failed to act according to the attendance procedure.

You can show that with professional advice your condition could have been managed, because you've had that advice since the second occurrence and the problem has been controlled.

[Jayfin]

This as been brought up at my appeal by my union rep who said the second one should be discounted for the reasons you stated , how do i do I go about submitting an et1 ,

[keithposty]

This as been brought up at my appeal by my union rep who said the second one should be discounted for the reasons you stated , how do i do I go about submitting an et1 ,

what date were you dismissed (in days)
what date is the appeal hearing or what date was the appeal hearing held (in days)