D.d.a

[Jayfin]

Does planta facilitis ( policemans heel ) come under the disability discrimination act

[Himaggen]

It appears that it can do, as you've already been shown, I would suggest however that mild/medium cases would probably not.

Are you suggesting that your Manager discriminated against you because you were off with P.F. on more than one occasion?

Look at the middle D, what does it suggest?
discrimination would suggest that your Employer was clearly informed of the condition, your capabilities assessed/documented and treated you unfairly with that knowledge.

[Jayfin]

Yes

[Jayfin]

On reading your post again I would say yes , he was fully aware at my first rtw of the injury and he choose to ignore it

[keithposty]

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

[Jayfin]

I was off twice in 2010 with planta f . I went to see my gp the first he explained it's a long process and sometimes never goes away . Due to the nature of my job he recommended injections so I could go back to work because I didn't want time off for obvious reasons , on my rtw I explained this to my manager and told him it could reoccur which it did . On my first interview I never got referred to atos , which my union rep says at the first interview he should have insisted on atos healthcare . I don't know wether this is correct or not ,. Also my gp told while I was on injections to do foot exercises and source some orthiotic insoles which I did and to change my footwear regular . I had to wait 3-4 months for new footwear this is at the time my manager knew of my condition . I wasn't offered indoor work I
M not saying he ignored it but he didn't take it as serious as he should ,

[keithposty]

I was off twice in 2010 with planta f . I went to see my gp the first he explained it's a long process and sometimes never goes away . Due to the nature of my job he recommended injections so I could go back to work because I didn't want time off for obvious reasons , on my rtw I explained this to my manager and told him it could reoccur which it did . On my first interview I never got referred to atos , which my union rep says at the first interview he should have insisted on atos healthcare . I don't know wether this is correct or not ,. Also my gp told while I was on injections to do foot exercises and source some orthiotic insoles which I did and to change my footwear regular . I had to wait 3-4 months for new footwear this is at the time my manager knew of my condition . I wasn't offered indoor work I
M not saying he ignored it but he didn't take it as serious as he should ,

[keithposty]

if you were off work in 2010 with this condition then i would consider that the condition falls within the scope of the DDA.

when you had the stage three interview, did your manager suspend the interview until a report came from atos before making the decision to dismiss you

atos would say if they consider the condition falls under the DDA

being under the DDA, you have protected characteristics and are exempt from the attendance procedure

[Jayfin]

It was overlooked at my stage3 and brought up on appeal hearing , that, i wasn't referred to atos for my planta f , I think that's why my union rep is saying there's mitigating circumstances in those two absences and rm should have referred me to atos as soon as they knew ,

[keithposty]

It was overlooked at my stage3 and brought up on appeal hearing , that, i wasn't referred to atos for my planta f , I think that's why my union rep is saying there's mitigating circumstances in those two absences and rm should have referred me to atos as soon as they knew ,

well then i consider that unfair dismissal as royal mail has failed to get correct advice by occupational health on a chronic medical condition prior to dismissal

i would think at appeal you will be reinstated if common sense prevails, if not, carry on with the ET1 claim

[General Mannerheim]

atos would say if they consider the condition falls under the DDA

I'd be amazed if it did saying it was replaced by the Equality Act in October 2010.

[keithposty]

point taken on the DDA

MOST STAFF DO NOT REALIZE THAT ALL DISCRIMINATORY PROTECTIONS COME UNDER THE ONE ACT NOW
equalities act 2010

it is far easier to speak of the relative acts everyone understands prior to implementation into the equalities act

the acts incorporated into the EQ ACT 2010 ARE

age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation

[Jayfin]

I was off before october 2010 , so I would have been protected under the dda act , would rm still have abided by the act even though the act as changed to equality

[keithposty]

nothing has changed as such

instead of having all the individual acts, they come all under the one act now

the principles of the individual acts still remain

its only the individual names that have changed, that's why i tend not to mention the equalities act as it causes to much confusion

[liamlayor]

It was overlooked at my stage3 and brought up on appeal hearing , that, i wasn't referred to atos for my planta f , I think that's why my union rep is saying there's mitigating circumstances in those two absences and rm should have referred me to atos as soon as they knew ,

well then i consider that unfair dismissal as royal mail has failed to get correct advice by occupational health on a chronic medical condition prior to dismissal

i would think at appeal you will be reinstated if common sense prevails, if not, carry on with the ET1 claim

See link below, section 4
http://www.cwuni.org.uk/id32.html" onclick="window.open(this.href);return false;

The manager dealing with a case under the procedure may request a report from the Employee Health Service at any point and MUST do so (from an Employee Health Service Doctor) when dismissal is being considered.

Totally agree with Keithposty but you should submit an ET1 anyway, and pursue it, even if you are reinstated because the damage has already been done and they have failed to follow their own procedures, as usual!