Medical advice/guidance needed

[realitybites]

I was recently diagnosed with arthritis in my big toe on my right foot. ATOS spoke to me and advised my Dom I would take longer to complete my duty due to this condition. 6 months on and it seems my left foot has gone the same way. At the moment we are still doing 3h30mins walks but are due to go to 4 hour walks. I told my Dom that I will be getting confirmation of my condition when I go for the x-rays

I don't know exactly where I stand. I used to be on 35 hours but was cut back to 25 hours about 8 months ago. I have been with RM for 2 years 1 month. If I cannot complete an outdoor duty (which looks very likely to be the case) what will happen to me. Will they offer me a job inside or will that be it for me.

[easter bunny]

you will need to get your condition covered under the DDA. It is then the onus on the RM to make suitable arrangements for yourself (Indoor work ). But first of all get your GP and ATOS to cover you under the DDA...

[TeeferTiger]

I've had arthritis in my left big toe since I was 14. Luckily mine never plays up too much!

DDA is your best bet :)

http://www.direct.gov.uk/en/DisabledPeo ... DG_4001068" onclick="window.open(this.href);return false;

[stokes11eg]

Yip, I have ot too, but it does tend to come and go, it is possible to soldier on with this, if that's what you want. (and bunions) but on the bad days it will take longer.

[chuckychucks]

delete

[realitybites]

Thanks for the replies. I will be due a phone call from ATOS in about 2 weeks. I am not sure I understand how my condition would be covered DDA, it is a condition that has come about since working for RM, not an existing condition that has worsened (forgive my ignorance if I am way off here). My Doc says it is wear and tear, obviously greatly accelerated by my job. Would I need a visit to ATOS to verify my condition, I wouldn't have thought they would take my word over the phone for it. If not, I'll say I lost my leg to a vicious dog while on my walk.

[TrueBlueTerrier]

I am not sure I understand how my condition would be covered DDA, it is a condition that has come about since working for RM, not an existing condition that has worsened (forgive my ignorance if I am way off here).

http://www.gmemploymentrights.org.uk/in ... ty-at-work" onclick="window.open(this.href);return false;

Disability at work

This factsheet is about your rights, at work or when applying for work, under the Disability Discrimination Act (DDA) 1995 which was amended on 1st October 2005. It only gives an outline, so for full details you should contact us or any of the organisations listed at the end of the factsheet.
Who does the Act cover?

To be covered you must be classed as disabled under the Act, and work in employment which is covered by it. You are classed as disabled if you have a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

* Physical impairment: includes impairment to the senses e.g. sight and hearing.
* Mental impairment: includes learning disabilities and mental illness.
* Substantial: more than minor or trivial.
* Long-term: has lasted or likely to last at least 12 months or for life.
* Day-to-day activities: activities carried out by most people on a regular basis and must include one of a list of categories such as speech, hearing or sight, mobility, ability to carry, lift or move ordinary objects.

You are also covered if you have a progressive condition such as cancer, HIV infection, multiple sclerosis and muscular dystrophy. You are covered from the date of diagnosis of a progressive condition.

You are covered if you have a severe disfigurement, even if it has no effect on your ability to carry out ordinary day-to-day activities.

You are also covered if you have had a disability in the past, even if you have recovered or are in remission.

If you take medication or use equipment or aids to help your disability, these are not taken into account when considering whether there is a ‘substantial’ effect. The use of aids such as spectacles and contact lenses to correct sight however is not covered by this rule.

You are covered regardless of the number of workers your employer has working for them unless you work in a private household where making adjustments may either disrupt the household or disturb someone living there. In such circumstances an adjustment may not be reasonable.

In October 2004 the DDA was extended to cover all employment except within the armed forces. The definition of “employee” used in the DDA is very wide and covers anyone working under a contract of service or apprenticeship or a personal contract to do any work. Besides agency workers, other temporary workers, homeworkers and self employed workers who were already covered, the DDA now specifically covers office holders, partners in firms, barristers and advocates, police officers, trade organisations, qualification bodies, and work experience providers.
Your protection under the Act

Direct discrimination

The DDA says that an employer’s treatment of a disabled worker is direct discrimination if it is:

* because of the disability;
* less favourable than the treatment that a worker without that disability would get;
* and the relevant circumstances of the worker with whom the comparison is made are the same as, or not materially different from, those of the disabled worker.

Example: A partially-sighted woman is not short-listed for a job which involves word processing. She meets all the requirements of the job and person specification but the employer wrongly assumes that she would not be able to use a computer. The employer has directly discriminated against this job applicant by treating her less favourably than other applicants who met the specifications but who were short-listed for the post.

Reasonable adjustments

Employers have a duty to make reasonable adjustments to their premises or working arrangements where a provision, criterion or practice places a disabled person at a substantial disadvantage compared to people who are not disabled. Besides the workplace itself, this requirement covers recruitment and selection, terms and conditions of employment, promotions, transfers, training or any other workplace practice. An employer cannot justify a failure to make reasonable adjustments where necessary.

Example: Reasonable adjustments can include altering a disabled person’s working or training hours; assigning a disabled worker to a different place of work or training; arranging training or mentoring for the disabled worker or anyone else; providing supervision or other support.

Disability-related discrimination

This is slightly different from the direct discrimination defined above as it works in an indirect way. Direct discrimination occurs because of the disability; disability-related discrimination occurs when the reason for it relates to the disability but is not the disability itself. Unlike direct discrimination, an employer may be able to justify less favourable treatment unless s/he has failed to make a reasonable adjustment

Example: An employer dismisses all employees who have taken six months sick leave from work. This indirectly discriminates against disabled employees who generally take more sick leave than able-bodied employees. To avoid a claim of disability-related discrimination, the employer should make a reasonable adjustment to the policy to ensure that disabled employees are not disadvantaged by it.

Harassment

The Act also outlaws harassment of disabled workers for reasons relating to their disability. It defines harassment as unwanted conduct which violates workers` dignity, or which creates an intimidating, hostile, degrading, humiliating or offensive environment at work. The intent to cause the above effects is enough, regardless of the actual effect on the disabled person. If there was no intent to harass, conduct can still amount to harassment where it could be reasonably considered as having those effects. Post-employment harassment is also outlawed. The DDA makes it unlawful for employers to harass former employees, or to subject them to any other detriment.

Example Harassment occurs if a work colleague of a person disabled by a speech impediment makes jokes about it either to his/her face or behind his/her back to other colleagues.

Victimisation

The Act also covers you if you are victimised for taking or trying to take action under the Act. People who help you complain about discrimination are also covered. The Act also covers people who:

* take an employer to an Employment Tribunal under the Act
* give evidence or information for a case
* help you under the Act
* allege that someone has ignored the Act’s provisions
* are believed to have done any of the above

What you can do
Raising a grievance

You should first of all make your employer aware of any problems you may be having at work because of a disability by telling your manager about it, informally at first. You might find it useful to give her/him a copy of this factsheet or other written information you may have about your rights. If the informal approach does not work, then you should send your employer a grievance letter about it; see our factsheet Grievances for information about doing this. If you have a written contract and/or a staff fhandbook then you should check to see if that contains anything about the company`s policy regarding disability at work.
Taking your complaint to Employment Tribunal

You can take your complaint straight to Employment Tribunal, but if you haven`t sent the grievance letter then any compensation that you may be awarded may be reduced. You must make your complaint to the Tribunal within 3 months of the act you are complaining about, or if you are complaining about a series of acts, then the date of the last act.

The Tribunal can order the employer to:

* give a declaration of your rights;
* pay compensation and/or
* recommend that within a certain time, reasonable action is taken to prevent or reduce the adverse effect.

You can also get compensation for injury to feelings even if no other compensation if awarded.

Getting Help

Besides ourselves there are other organisations that can help you:

Greater Manchester Coalition of Disabled People is a local organisation which offers advice and support to disabled people; 0161 273 5154 (voice & minicom); fax 0161 273 4164; website http://www.gmcdp.com;" onclick="window.open(this.href);return false; email info@gmcdp.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Breakthrough UK also advises and supports disabled people across Greater Manchester. Phone 0161 273 5412, website http://www.breakthrough-uk.com" onclick="window.open(this.href);return false;

Equality & Human Rights Commission advises on all types of discrimination; call on 08456 046610 or visit the website http://www.equalityhumanrights.com" onclick="window.open(this.href);return false;.

Disability Law Service gives free legal advice on 0207 791 9800

Law Centres and Citizen Advice Bureaux (CAB): contact Community Legal Services (CLS) on 08456 081122 to find the nearest advice service to you.

CLS direct gives advice by telephone; call 08453 454345.

Trade unions: If you are a member of a trade union, they should be able to help you. If you don't belong to a union, but would like information about which one would be best for you, ring North West TUC on 0151 236 5432.

Advisory, Conciliation and Arbitration Service (ACAS): ACAS can provide you with information regarding the law and employment issues 08457 47 47 47.



This factsheet is intended as a general guide and is not a full statement of the law. Please seek advice before taking any action.

[TrueBlueTerrier]

Thanks for the replies. I will be due a phone call from ATOS in about 2 weeks. I am not sure I understand how my condition would be covered DDA, it is a condition that has come about since working for RM, not an existing condition that has worsened (forgive my ignorance if I am way off here)

Both are covered new conditions and existing conditions and even conditions that have gone into remission.

My Doc says it is wear and tear, obviously greatly accelerated by my job.

Thats why DDA should be applied if medical opinion agrees with you.

Would I need a visit to ATOS to verify my condition, I wouldn't have thought they would take my word over the phone for it.

I think they can do it over the phone by asking relevant conditions. But you could always request a face to face as this will help back up your GPs. Dont forget you are entitled to see the report that ATOS makes to your Manager so make sure you get a copy. Data Protection is not just for computers but is for anything that has information about you, even if its on paper.

If not, I'll say I lost my leg to a vicious dog while on my walk.

In all seriousness do not lie or exaggerate the condition. Be truthful and informative as possible. If you hide something or make it out to be worse than it is it may backfire.

[realitybites]

I fel like a bit of a wuss with a lot of people on here suffering with the same condition but I don't really want to make things worse. ATOS has already asked me if I was still able to perform my duties and I said yes, that was before the second case of arthritis. Would RM keep me on in deliveries knowing my condition or would it be a case of constructive dismissal. I think placing someone on a part time contract might be a bit of a task as well.

[POSTMAN]

Reality,what meds are you taking?I use Diclofenac,it works very well for me,near enough takes everything away.

[guvenor]

think were all on some kind of meds nowadays

[Thorby Bislam]

ATOS has already asked me if I was still able to perform my duties and I said yes, that was before the second case of arthritis

Just because you have been assessed once, does not mean you cant be assessed again if your condition changes. You can.

Would RM keep me on in deliveries knowing my condition

You will be kept on deliveries as long as you can do them, even if you do them to a lesser degree than your colleagues. Fact is: there aren't that many indoor jobs available in an industry geared to outdoor delivering. If your DO shares a building with a MC you might be in a better position, but if not, apart from caller's office or PHG locker, what is there ?

or would it be a case of constructive dismissal.

More likely to be offered IHR or VR but even that is unlikely. I'm in much the same situation as you. I have arthritis in both legs but because I take painkillers to get through the day, ATOS has determined that IHR does not apply. So I keep working.

[golfgod]

have a blood test and find out if its gout i suffer from this and its not fun but i take allopurinal and it keeps the gout under control it gets right in the ball joint of your big toe and is painful

[realitybites]

I thought gout at one time but this is constant, not in bouts.

I was thinking, if it was deemed to fall under DDA but there was no alternative job for me, where would it go from there.

[TeeferTiger]

think were all on some kind of meds nowadays

I'm rattling when I walk at the moment with all the pills hehe