Advice on DDA/Equality Act.

[TrueBlueTerrier]

Someone posted me a PM - advice will be gratefully received.

Hi could any one give me advice about DDA I'm suffering from s i joint pain giving me sciatica and back pain, I'm struggling to do park n loop with it , my dom just wants to finish people who cant do it, but i've been there for quite a number of years.Can I contact my area manager myself to see if they will move me to a local mail centre so i can continue or would i have to see my dom who I cant trust one bit I've had physio for twelve month in my own time, but nothing is helping . Any info would be great thanks.

[gluteus maximus]

Someone posted me a PM - advice will be gratefully received.

Hi could any one give me advice about DDA I'm suffering from s i joint pain giving me sciatica and back pain, I'm struggling to do park n loop with it , my dom just wants to finish people who cant do it, but i've been there for quite a number of years.Can I contact my area manager myself to see if they will move me to a local mail centre so i can continue or would i have to see my dom who I cant trust one bit I've had physio for twelve month in my own time, but nothing is helping . Any info would be great thanks.

Has Atos the Occupational Health provider given an opinion that you will be covered under the Equality Act (DDA)
The employer has a legal obligation if he knows you are suffering from a medical condition to carry out ongoing risk assessments. That is covered under the Management of Health and Safety at Work Regulations 1999.

What this person needs is an assessment from the Occupational Health adviser on the employees capabilities. One of those recommendations may well be a transfer to a mail centre by mutual agreement. But you need that report first

[Pat Ostman]

Good luck. Royal mail hate the Equalities act.

[Pinky 1]

Teebs, there is a union booklet covering DDA which i can highly recommend. It's on your post here
http://www.royalmailchat.co.uk/communit ... ts#p428164" onclick="window.open(this.href);return false;

If the member downloads and reads it, it contains a wealth of information on what is covered under the Act and what the procedures are to register the condition.

[Sparrowhawk]

Someone posted me a PM - advice will be gratefully received.

Hi could any one give me advice about DDA I'm suffering from s i joint pain giving me sciatica and back pain, I'm struggling to do park n loop with it , my dom just wants to finish people who cant do it, but i've been there for quite a number of years.Can I contact my area manager myself to see if they will move me to a local mail centre so i can continue or would i have to see my dom who I cant trust one bit I've had physio for twelve month in my own time, but nothing is helping . Any info would be great thanks.

Hi anon,
Have you had a definitive medical diagnosis to determine the cause of your SI joint pain ?
This would be done by an x-ray and/or MRI scan of your lumbar spine. The sciatic pain *could be* caused by a prolapsed disc (you need a proper medical diagnosis to rule this out or confirm as the cause of your sciatic pain). You need this formal diagnosis before ATOS will even aknowledge that you have an underlying medical condition or advise RM that your condition "is likely to be considered as a disability for the purposes of the Equality Act 2010." (That's roughly the wording ATOS will use in a report to your dom). I had an x-ray of my lumbar spine done privately, through referral by a Chiropracter, it cost £60. ATOS then advised RM to pay for an MRI scan to be done privately, which RM agreed to (cost £495 with Bupa).
You could contact me by PM for more info on this if you prefer.
That is how my back problem started. Mine got a lot worse and resulted in ill health retirement 4 years later.
You need to look after your back mate. It can go badly wrong in a very short space of time....and trust me....RM don't really care. I had to have loads of help from union reps over my own health problems.

[holly123]

Someone posted me a PM - advice will be gratefully received.

Hi could any one give me advice about DDA I'm suffering from s i joint pain giving me sciatica and back pain, I'm struggling to do park n loop with it , my dom just wants to finish people who cant do it, but i've been there for quite a number of years.Can I contact my area manager myself to see if they will move me to a local mail centre so i can continue or would i have to see my dom who I cant trust one bit I've had physio for twelve month in my own time, but nothing is helping . Any info would be great thanks.

Hi anon,
Have you had a definitive medical diagnosis to determine the cause of your SI joint pain ?
This would be done by an x-ray and/or MRI scan of your lumbar spine. The sciatic pain *could be* caused by a prolapsed disc (you need a proper medical diagnosis to rule this out or confirm as the cause of your sciatic pain). You need this formal diagnosis before ATOS will even aknowledge that you have an underlying medical condition or advise RM that your condition "is likely to be considered as a disability for the purposes of the Equality Act 2010." (That's roughly the wording ATOS will use in a report to your dom). I had an x-ray of my lumbar spine done privately, through referral by a Chiropracter, it cost £60. ATOS then advised RM to pay for an MRI scan to be done privately, which RM agreed to (cost £495 with Bupa).
You could contact me by PM for more info on this if you prefer.
That is how my back problem started. Mine got a lot worse and resulted in ill health retirement 4 years later.
You need to look after your back mate. It can go badly wrong in a very short space of time....and trust me....RM don't really care. I had to have loads of help from union reps over my own health problems.

HI, they first said it was my disc causing the pain but the physio didn't work ,now there saying to have an injection in si joint by xray but wont do scan im going back to docs and will ask for scan again ,ive been at the post for 17yr only took 3week off and 4week light dutys with it keep jumping on driving duty when I can, had it for twelvemonth but fed up now but ill look into that xray for £60 tho thanks for that

[rehabron]

The posting has stated that they have suffered with sciatica and back pain although the length of time this condition has been ongoing is not clear. If the persons signed duty is park and loop as specified then to continue on this would only be aggrevating your condition.
I trust that when the condition was discovered you asked for a referral to our Occupational Health Provider Atos and insisted on a face to face appointment as opposed to the standard 20 minute phone call. This would have instigated a rehabilitation work plan consisting of weekly rehabiltation meetings with management to assess your fitness for work incorporating reduced hours of work, light duties ( if its possible in RM to have these) or another function within the business.
Has the condition been also referred to your GP and is there any specialist reports available. I see that some of our colleagues replies have been usefull and what I can inform you in relation to the DDA is if you have had the condition for a perioud of not less than 12 months you will qualify under the Disabilty Discrimination Act.

[gluteus maximus]

You are considered disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.


‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed

‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

[Pat Ostman]

You are considered disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.


‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed

‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

And it's classified without medication, so if medicine cures the symptoms you are still covered

[Sparrowhawk]

HI, they first said it was my disc causing the pain but the physio didn't work ,now there saying to have an injection in si joint by xray but wont do scan im going back to docs and will ask for scan again ,ive been at the post for 17yr only took 3week off and 4week light dutys with it keep jumping on driving duty when I can, had it for twelvemonth but fed up now but ill look into that xray for £60 tho thanks for that

Hi holly123

How are you getting on with this ?
When I started to have problems with my back I avoided going to my GP because through past experience, they always tell you to stay active and take paracetomol and/or ibuprofen for the pain. I carried on working until several months later when I could barely walk. I had a week off (out of my annual leave) in the November and went to see a chiropracter before speaking to my GP. It was through the chiropracter I got the x-ray done (appointment on the Wed, x-ray on the Thurs and results back on the Friday). After getting the x-ray results back, AND an x-ray report, I went to see my GP. My GP signed me off work and prescribed pain medication. He also referred me to a physio, but when I got there, the pain was so severe that the physio wouldn't treat me and told me to go to A&E !
The x-ray showed that I had degeneration (osteoarthritis) of the facet joints in my lumbar spine, degeneration (osteoarthritis) of both SI joints and narrowing of the disc space between my vertebrae (degenerative disc disease). Soft tissue damage, such as disc problems, muscle damage or connective tissue (tendons, ligaments etc) does NOT show up on an x-ray, you'd need to have a MRI scan for a positive diagnosis of any soft tissue damage.
My GP told me that they generally don't refer for further tests (MRI) until the symptoms have been present and have not improved for 6 months from the date you first saw your GP about that particular problem.
I had my MRI scan sooner (March - 4 months after my x-ray) because ATOS wouldn't let me return to work until I had had one. They advised RM to pay for a private MRI, which RM agreed to. That MRI showed that I had a severe disc prolapse (almost the entire disc had prolapsed) and that it was crushing my sciatic nerve.
After getting the MRI scan report, my GP then referred me to see an orthopaedic consultant. I saw him in the April and he referred me to a Neurosurgeon. I had back surgery in the May, due to the severity of my disc prolapse.
I was back at work on rehab 6 weeks after my back surgery. From then onwards ATOS (apart from 1 stupid bint who said I had "no underlying medical condition" !) told RM that my condition would fall under the criteria for the DDA.
RM then had to make reasonable adjustments to enable me to stay in work, which all went well apart from a few so called "colleagues" who bitched and moaned because THEY were always asked to work in different areas when required while I "got to just sit there sorting letters" !
I spent the next 4 years doing my adjusted duty, and those 4 years were hell because of the constant bitching, moaning and BULLYING by so called "colleagues" !
That was in a mail centre.
I was given ill health retirement in August 2011 because my health deteriorated to the point that my back pain (complete with FULL medical diagnosis (x-ray, MRI and blood tests) and strong, prescribed pain medication) became so severe that I could no longer travel to and from work.
(Oh, and YES, line managers still issued stage warnings even for absences caused by my disability. Wrongly issued stage warnings led to a stage 3, but then were overturned and the managers who issued them got a bollocking).

[holly123]

Hi sparrowhawk sorry to here about your troubles hope you get sorted out ,its not the nicest of troubles to have, i dont fancy the opp ,there is 2 others who have this at my office ,they both have indoor dutys now but ones the doms mate and is left alone but the other is bullied all the time by the managers and they both get stick off the lads thats why i want to move to the mail centre so i dont put anyones nose out of place by getting there duty (,lads have worked hard for 20 yr or more to get a van duty or indoor ) mine started six month after p&l came in and i was the only one using a trollrey on our row ,but because i didnt complete i was bullied in to carrying big bags so i weighed them and i complained to higher managment over this ,my manager was told ,then i was prep tested & walk tested and it showed the duty was to long but the damage was done on my back ,atos sent me for physio when it first happened but struggled for over twelve month now ,the nhs is a long waiting game take care mate

[woody4070]

Hi I'm under the DDA act and have been suffering with breathing problems and chest problems, I've triggered a consideration for dismissal prompt or the stage 3, I've had an atos referral and the lady recommended me doing a collections duty which may help my breathing as I will be in clean air as a cleaner environment, has anyone got an idea of whether iI'll be dismissed or moved? TThis is the first time I've ever been this bad and triggered the stage three, I'm worried about the whole situation

[TrueBlueTerrier]

Hi I'm under the DDA act and have been suffering with breathing problems and chest problems, I've triggered a consideration for dismissal prompt or the stage 3, I've had an atos referral and the lady recommended me doing a collections duty which may help my breathing as I will be in clean air as a cleaner environment, has anyone got an idea of whether iI'll be dismissed or moved? TThis is the first time I've ever been this bad and triggered the stage three, I'm worried about the whole situation

Sorry but a faceless person on a website won't be able to give you any real guidance on what your chances are. However having the ATOS report will be in your favour but if your in the Union you need to get the Area Reps on board pronto- they have been trained for scenarios just like this, and hopefully they also know the local managers.