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help

Got a question for a CWU Rep? And all CWU related matters.
stupidboy
Posts: 144
Joined: 26 Mar 2009, 19:05
Gender: Male

help

Post by stupidboy »

can anybody help. my dom wants me to be assessed by a workplace assessor via atos but wants me assessed on things he knows i can't do and what ATOS have previously stated that i cannot do. he is going against their recommendations and basically just wants me out on ill health retirement. i have a condition regarded as a disability under the equalities act. thanks in advance
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: help

Post by keithposty »

if you have a condition that is recognised as being covered under the DDA 1995, NOW THE EQUALITIES ACT 2010

you have entered a stage called protected characteristics.

this means your condition/disability cannot be held against you including attendance.

the employer has to make reasonable adjustments to fit your condition. that does not mean making up a duty but some employers do.

it means that you take precedence in any avaliable duty that is avaliable.

you need to speak to your area rep or branch equalities officer as most local reps do not understand the legislation

what your dom is doing is very wrong and can be prosecuted for this action

being covered under the dda means that you have had the condition for more than 12 months and is predicted to continue
graffi
MAIL CENTRES/PROCESSING
Posts: 186
Joined: 30 Mar 2009, 11:34
Gender: Male

Re: help

Post by graffi »

Let me know if the link doesn't work I will try again ..

http://www.adviceguide.org.uk/index/equ ... erview.pdf" onclick="window.open(this.href);return false;

http://www.legislation.gov.uk/ukpga/201 ... 015_en.pdf" onclick="window.open(this.href);return false;
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: help

Post by General Mannerheim »

stupidboy wrote:can anybody help. my dom wants me to be assessed by a workplace assessor via atos but wants me assessed on things he knows i can't do and what ATOS have previously stated that i cannot do. he is going against their recommendations and basically just wants me out on ill health retirement. i have a condition regarded as a disability under the equalities act. thanks in advance
Love this how yet again a DOM is trying to get somebody out as it doesn't suit what he wants to hear off Atos.Their favourite one is to keep sending you to them until they get what they want.35 referrals in 4 years anybody????
There has been a recent employment tribunal case which highlighted this approach,there is soon to be another one :whistle :whistle which is very similiar as well. :speak to the hand
These arseholes think they can ride rough shod over the Equality Act with their bullshit Ill health retirement shite and there is no other job we can offer you shite,nice to see the union is all over it though. :no no :cuppa
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
music4essex
Posts: 717
Joined: 15 Oct 2009, 16:18
Gender: Female

Re: help

Post by music4essex »

I have been going through the same senario,

I even had a meeting with disability champion , my doms manager and union rep , various atos phone calls 1-1 but my dpm still thinks he can try with the same thing in having an atos representitive come and see me at wok in feb, though i have insisted that my union rep is with me when this happens, and i am still waiting for them to change my duty round area which was agreed 6 weeks ago :arrrghhh .

Essex mum :wave
stupidboy
Posts: 144
Joined: 26 Mar 2009, 19:05
Gender: Male

Re: help

Post by stupidboy »

General Mannerheim wrote:
stupidboy wrote:can anybody help. my dom wants me to be assessed by a workplace assessor via atos but wants me assessed on things he knows i can't do and what ATOS have previously stated that i cannot do. he is going against their recommendations and basically just wants me out on ill health retirement. i have a condition regarded as a disability under the equalities act. thanks in advance
Love this how yet again a DOM is trying to get somebody out as it doesn't suit what he wants to hear off Atos.Their favourite one is to keep sending you to them until they get what they want.35 referrals in 4 years anybody????
There has been a recent employment tribunal case which highlighted this approach,there is soon to be another one :whistle :whistle which is very similiar as well. :speak to the hand
These arseholes think they can ride rough shod over the Equality Act with their bullshit Ill health retirement shite and there is no other job we can offer you shite,nice to see the union is all over it though. :no no :cuppa
latest update is that i have now been taken off of my duty with the DOM stating that he can't put me on a duty as until i am assessed he doesn't know what my capabilities are.this is despite years of going to ATOS and countless number of reports