DDA/ adjusted duties, dom changing his tune now

[keithposty]

well then
some of you will know that i have been having treatment for knee problems (surgery)
this has been going on for three years with various opperations.
many times i have debated my role within royal mail as to reasonable adjustments the business has to make under the equalities act (old DDA)

as the office is going through a revision i rasied the point about a locker duty being made avaliable to fit my criteria as to reasonable adjustments, which was accepted and that duty would be made up for people especially who fall under the old DDA.this came about as the old argument was used that ("we dont have any duties angle) was slung in my face.

it went as far as me going to an ATOS centre for a medical. the report concluded that i do fall under the scope of the old DDA. and adjusted duties are applicable

our office is now going through a resign as we speak and the DOM has decided that i need to go back to ATOS for another evaluation as to my condition. i am currently on the sick due to knee surgery again a few weeks ago.

i know the DOM is trying is hardest on the QT to get me gone through IHR AS I EFFECT HIS BUDGET AND AM A PAIN IN THE BUTT BEING A SENIOR UNION REP.

my question is

AS I HAVE AN ATOS REPORT CONFIRMING I FALL UNDER THE OLD DDA (EQUALITIES ACT)

BY WHAT AUTHORITY CAN HE KEEP SENDING ME BACK TO ATOS AS HE DOES NOT LIKE THE REPORTS THEY GIVE

i am big and ugly enough to look after myself but would welcome any valid comments to help future collegues in my current position

[hatetheboss]

Due to the fact you have had an operation the Dim could say your knee needs reaccessing. I have gone through the same with one of the members in my office and Attos keep saying the same thing, when will these idiots ever learn.

[easter bunny]

The ATOS is only a recommendation . However as your DOM is not medically qualified ( even though most if them think they are Quincy ) he should accept the report .

I personally would contact HQ and insert a grievance .

He is obviously waiting for a report which favours his position .

[keithposty]

And that report he is wating for would be IHR, and not adjusted duties

[REDLETTER]

According to my old DOM, the last ATOS report cancels out all previous.

He obviously didn't know the DDA / Equality Act rules You know - ongoing medical conditions

[fishtank]

If you have just had corrective surgery i would expect that your prognosis has probably changed.
Your ATOS report is effectively out of date.
Even without the revision it is likely they would have sent you for a re-evaluation.
Knee problems are fluid(excuse the pun).

Look at it from this point of view and i don't mean your case in particular,if the surgery is a huge success,as it can be with knee surgery...and the member is like a new man....would he still be looking for reasonable adjustments?

[keithposty]

the surgeon has allready stated to ATOS that this latest surgery will only offer UP TO 50 % improvement, even if sucessful

nothing realy has changed but i see your point

this time they took half my knee cap away

oh well

back to ATOS centre for another diagnosis

[REDLETTER]

If you have just had corrective surgery i would expect that your prognosis has probably changed.
Your ATOS report is effectively out of date.
Even without the revision it is likely they would have sent you for a re-evaluation.
Knee problems are fluid(excuse the pun).

Look at it from this point of view and i don't mean your case in particular,if the surgery is a huge success,as it can be with knee surgery...and the member is like a new man....would he still be looking for reasonable adjustments?

The Bionic Man - They have the technology - They can re-build him!

[Geezer]

Keith

On what grounds has he questioned the report and has he followed the procedure to do so.
Managers are not allowed to just keep sending people back to ATOS until they get a report their happy with.

http://www.royalmailchat.co.uk/communit ... 10#p479134

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[keithposty]

many, many thanks

just what i needed

the real reason is he wants me out the door, in the nicest way, IHR

the medical records are all their , ATOS HAVE THEM

as stated, i can stand on my own two feet as they have been trying to get rid of me for the last 18 months but any ammo like you have just posted is just what i need

for once ATOS is not the problem, its me and a 40 hour contract

[NumptyBumpty]

When was the last ATOS report? It doesn't sound like he is stating that the report is Not Fit For Purpose, he just wants an updated opinion. Nothing wrong with that especially as your circumstances have changed. Seems like responsible behaviour to me.

[keithposty]

my operation was planned well in advance, atos have all my medical records from my surgeon

ATOS have been told what the outcome will be, that is no better than 50 % improvement at best
they got the report 4 weeks ago

the report in both cases state that in their opinion i fall under the equalities act, before and post operative condition and recomend adjusted duties

thats what annoys me

whats different now from 4 weeks ago

[dvbuk55]

Do they have to find a duty within your unit or just a duty within RM - I believe they only have to find a duty within RM and not create a duty specifically.

[keithposty]

as a rule all the employer has to do is find a duty to fit my circmstances within the business to comply with reasonable adjstmants

the line i got from my DOM was that "their are no jobs avaliable

i said poppcock, we are just starting a revison so the oppertunity is their to designate a duty that will fall under the equality act

i also stated that we are going to have a resign and that if a duty is avaliable then i would take precedance

that duty would be working in the locker

[dvbuk55]

as a rule all the employer has to do is find a duty to fit my circmstances within the business to comply with reasonable adjstmants

the line i got from my DOM was that "their are no jobs avaliable

i said poppcock, we are just starting a revison so the oppertunity is their to designate a duty that will fall under the equality act

i also stated that we are going to have a resign and that if a duty is avaliable then i would take precedance

that duty would be working in the locker

I think you've hit the nail on the head though - it would be up to him to create that duty which would have to fall within the the revision without using extra hours and if he can show it would not be cost effective because as you say he would prefer to get rid - then he would need a compelling reason to create it.