EQUALITY/DDA

[toastie]

I have a dispute with my manager and rep over my disablement.
I believe they have to sit down and agree a duty with myself,taking into account my disability and atos report,then ringfence that duty.
They are saying there are 4 duties suitable, and seniority pick then when it gets to the last duty that is then ringfenced.
I am quoting Business Transformation 2010.
Who is correct, and if I am correct,what is my next option if they are not following the 2010 Agreement.

Why are 'they' saying there are 4 duties suitable? only you can decide what is 'suitable' for your condition and what reasonable adjustments need to be made.
I am going through this at the moment. after 18months of not getting reasonable adjusments to delivery as recomended by atos i am now off sick again, and discover (thanks to cwu) that they 'have' to find me a permanent delivery and make reasonable adjustments to it, agree them with me and union rep and then ringfence it for just me. We are going through the process atm but I could have chosen any delivery in the office and make reasonable adjustments to it if I was so inclined, and they would have had to consider it, because osteoarthritis is covered by DDA. Good luck

Exactly what I require,but at present they want to make the choices, with no input from myself,how can they decide if they are suitable,they cant.

What you are asking for is not unreasonable you just need a union rep who will back you up - you are right and they are wrong. I hope someone on here will tell you how to get the support you need. I am just lucky that my rep is clued up and is sticking up for my rights although I have had to put up with alot (like you are) before it came to this - it was very similar to the situation you are putting up with right now, until it came to a head because I could not take any more. Mine is still not quite resolved but moving in the right direction and every confidence it will be sorted soon. Meanwhile I am off untill reasonable adjustments are agreed.
My own advice is - find a good union rep and your troubles will be over!! quite how you can do that I dont know as yours clearly dosent know what he/she is doing.

[toastie]

Just to make it clear I have chosen which delivery I want, out of three which are not assigned to any one (although I chould have asked for any delivery in the office). I then looked at all three, found the flatest delivery and told them what I would require to be taken off (steep drives, steps etc) to make it acceptable for my condition. They have now agreed to take these off and are at present deciding what is fair to add on to replace those addresses. My union rep is making sure they do this fairly and I hope to reach agreement soon. Prior to this they were insisting they had done all the reasonable adjustments (none lol) and had agreed this with lots of other delivery officers etc but never once agrreed anything with me or asked for my opinion so I was forced to accept theirs!! Management made it look as if they were doing everything possible to accomodate me when they were actually doing nothing to help me at all.

I know how you feel but press on with it knowing you are right to insist on being a part of any decisions regarding adjustments to any delivery you do, to accomodate your dissablity and not be discriminated against because of it.

[POSTMAN]

They are saying any 1 of the 4 are suitable

So going by this,all 4 have the same DDA problem?

I'll ask again,well?

[General Mannerheim]

from what the op has stated he has his duty and he doesnt want to change apart from taking a bit off of it, the only reason he doesnt want any of the other four duties according to him at the moment is because other people cant complete them in their time not anything to do with his disability, he hasnt turned round and said they are medically unsuitable which if they are not suitable then its a different ball game

if these 4 duties are already hard to complete then putting a disabled colleague on one is just an excuse to use a stick to beat him with WHEN/NOT IF he can't complete,it has nothing to do with a disability your right, apart from being the managemental tool of choice to bully, it has all the hallmarks of them putting a disabled colleague onto a walk they know he can't complete,giving him s**t for not being able to do the job, so causing more stress and in alot of cases time off work,and then either forcing him out of the business under the IHR bolloxs or getting him sacked under the attendance procedure.
I will say it again he is already doing a duty that he finds suitable,ok he want another 20 minutes off,that would be an ongoing reasonable adjustment,it would then be reasonable for Royal Fail and the rep and the colleague to discuss the feasability of it(it might not be but they would have to justify it) not for two knobjockeys with a `business plan` to f**k a disabled member over.

[chuckychucks]

Have you tried talking to a Jobcenter Plus advisor with regard to their 'access to work' programme, they might be able to help in some way.

Just a thought.

[curleytop]

Does anyone know how cityfc went on with sorting out a walk they could manage? They were having problems due to having limitations on the amount of work they could manage to do.

[cityfc]

Its still ongoing,but getting there,will post again when something sorted.

[cityfc]

A duty was agreed with the manager,myself and rep,taking into account my disability and DDA regs. This duty was ringfenced before any other duties were sorted and put up for resign. It took some fighting for,as local rep did not believe I was correct in the way it should be done,he was proved wrong,without his help and some phone calls higher up the chain.

[fishtank]

Result city.

[clashcityrocker]

as local rep did not believe I was correct in the way it should be done,he was proved wrong,

Let's hope he has learnt something.

[toastie]

I know how you feel but press on with it knowing you are right to insist on being a part of any decisions regarding adjustments to any delivery you do, to accomodate your disablity and not be discriminated against because of it.

Well done City - glad the battle is over!!

[General Mannerheim]

as local rep did not believe I was correct in the way it should be done,he was proved wrong,

Let's hope he has learnt something.

Why do they not do an equality course now?
Or was he just busy picking out flock wallpaper for the union room?

[Fluke]

Can a person be moved out of a job to accomodate somebody with a disability?

[TrueBlueTerrier]

Can a person be moved out of a job to accommodate somebody with a disability?

There isn't a simple yes or no answer to this it would depend on circumstances. However, moving someone to another duty may be a reasonable change that Royal Mail might take to comply with the regulations.

Also by "moved out of a job" do you mean sacked from Royal Mail, which would be illegal I think, or moved to a different duty. If to a different duty then in theory if its a different delivery duty then it could be considered a reasonable change. However, one question would be why haven't they changed the other duty that the person is doing at the moment.

If its a different type of duty, for example yours is an indoor duty, and theirs is an outside duty then as long as there is no financial loss to yourself and you have been trained on the new duty then it may be a reasonable change.

As I say though its difficult to say even if you gave us more details, each case should be taken on its merits, there are no hard and fast rules.

[Fluke]

We have one person who has a disability and in order to accomodate her, they are moving another person out of their indoor job and onto an outdoor job, neither job is vacant.

In my mind, the person with the disabilty should be given a vacant duty and reasonable adjustments made to that duty to accomodate them. If that not possible then we look around our patch to find a suitable vacant duty, or a vacant duty that can abe ammended. Does this make sense?