plantar fasciitis

[ebbzie]

Can anyone tell me does this come under DDA with ATOS
TIA

[swashy]

There are three tests to classification under the DDA now part of the equality act. Have you had the condition for 12 months or more?
Is it likely to last 12 months or more?
What is the effect upon your daily life in terms of performing normal daily tasks?
There are also other considerations such as medication etc..
Your union representative should be able to advise you on further advice and how it should be considered under the attendance procedure. If you need further info' - consult your union rep' or alternatively use the government web site.
If you have already been subject to the attendance procedure on this issue then you or your union rep' should request to see the advice given to the manager by ATOS. ATOS will normally give an opinion on your condition to the manager in relation to the equality act.
I suspect you are covered. Please let me know.

[ebbzie]

Hi Swashy, this isnt an attendance issue but a issue regarding me , maybe being kicked off my driving duty to accomodate some one with arthritese. I suffer from plantar fasciitis and have for a long time , so i have requested ATOS meeting and am awaiting for them to ring me. Cant ask my union rep(hes not very good) but have e mailed area rep .I will of course let you know the final outcome

[hatetheboss]

You cannot be kicked off your own duty to accommodate someone else. Put in a grievance and talk to your Rep.

[ebbzie]

You cannot be kicked off your own duty to accommodate someone else. Put in a grievance and talk to your Rep.

Spoke to rep today and TBH i think it was his idea to do it. Manager says he can aswell

[patio1]

going back to plantar fascitis i have it quite bad too and same as you have been taken off my duty cos some guy got dda and has said he needs driving job. don,t know what his problem is . but my problem is getting worse by the minute.

also can anyone answer about me being kicked off my job.

also where does this guy go in the re pick order as he is laughing and saying he is going to have what job he wants.

i would also like to point out that this guy works his day off and does evening sa,s too. i thought if he was that bad then working extrra would be too much for him.

surely there must be some ruling on this as he is doing what he likes. i.e putting people noses out of joint by taking there jobs.. still working overtime..

please can someone help as yet again my rep is useless and just goes with the flow .

i really need some answers as to the . job displacement. overtime he does please.

[hatetheboss]

In a re-pick someone who comes under the equality act will pick first

[fishtank]

also can anyone answer about me being kicked off my job.

You cannot be kicked off your own duty to accommodate someone else. Put in a grievance and talk to your Rep.

Yes you can.
Royal Mail have a duty to make reasonable adjustments to duty content to accommodate someone with a disability.
In certain cases that can mean identifying another duty that is more suitable.
In certain cases that could mean your duty.

In a re-pick someone who comes under the equality act will pick first

The picking or identifying of a duty,adapting it if necessary and ring fencing it should be done beforehand.
Someone who comes under the equality act should not be involved in a general repick.

also where does this guy go in the re pick order as he is laughing and saying he is going to have what job he wants.

Considering individual needs when creating a duty structure.

Background
The National Agreement (Business Transformation 2010 and Beyond) reached between Royal Mail and the CWU requires a “fundamental change to the way delivery structures are constructed.” Spans are now an enabler to a creative duty set and the duty structure will be established in local discussion with the Union. Given that employees have a range of abilities and capabilities, it is necessary to consider these in line with relevant legislation. The agreement states that along with delivery spans, “delivery methods and equipment are key enablers to providing a span length which is realistic and achievable.”

One of the key pieces of legislation to consider is the Disability Discrimination Act (DDA). For those people who are covered by the DDA, Royal Mail has a duty to make reasonable adjustments to ensure they are able to perform the job and are not discriminated against due to their disability. An adjustment can be a change to working practices, job content, times of attendance, environment, modified equipment etc.
It will also be necessary to consider those who have applied for the right for flexible working under the Flexible Working Regulations and those who submit requests to accommodate religious belief.

Key Sources of Advice and Support
Advice and Support Helpline: 0845 6060603. They provide advice on the process to follow to establish what adjustments are required and how to apply these.
Atos Healthcare: 0800 6888777. Where an employee believes they have a condition which requires reasonable adjustments, the Atos Healthcare health professionals will assess the individual and identify whether they are likely to be covered by the DDA. Where appropriate, they will make recommendations about reasonable adjustments to enable them to perform their role.
The Disability Helpline can provide advice and support should any alteration be required in the workplace, or special equipment is needed.
Freephone: 0800 0286142
Telephone: 01142 414731
E-mail disability.helpline@royalmail.com

A key piece of advice is to always make a note of any discussion you have with an employee to ensure that the Business can demonstrate the discussion has taken place. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Employees Covered by the DDA
First Steps
Consider those who already have reasonable adjustments in place. Remember not all disabilities can be seen so ensure you are aware of current adjustments to duties/tasks etc.
Ensure that a duty is designed in the duty set which has the reasonable adjustments incorporated. The best practice approach is to discuss the duty with the individual during the design phase and jointly reach a solution. This duty is ring-fenced in the duty pick for that employee.
If the reasonable adjustments are in need of review, refer the individual to Atos Healthcare for an updated report from the health professionals and take their advice into account in the duty design. If reach a joint solution with the employee and make a note of the solution reached for your own records.
Next
Carefully review the information from the non-binding preference exercise to see whether there are further issues flagged up for any staff.
• If someone flags up that they have an issue invite them to a 1-2-1 meeting to discuss it
• Identify their concern and discuss the issues highlighted with them.
• Discuss what they believe a reasonable adjustment might be. In this discussion jointly explore the solutions which are available.
• Refer the employee to Atos Healthcare giving a full reason for their referral (including details of what work you require that person to do so the Atos practitioner is fully informed).
• If the Atos Healthcare practitioner identifies adjustments are required take these into account when creating the duty structure.
• Duties designed to take account of reasonable adjustments are ring-fenced when it comes to a general re-pick.
• If you believe that the request is not reasonable, discuss the issue with your local Advice and Support team and ensure you share your findings with the employee.
• As always, keep a record of all the discussions that you have with the employee. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Things to Consider
• Car Derived Vans – do the adjustments to one duty impact on the park and loop of another duty – ensure that one person’s timings match up to the others.
• Is there any equipment which could ensure a delivery is more manageable for the employee?
• Someone who has limited mobility may find stairs difficult so their duty should avoid excessive use of stairs.
• Does a person have a condition that requires they have frequent access to toilet facilities? If so ensure this is considered in the duty structure planning.
• The list of reasonable adjustments is endless – it is entirely dependent on the individual’s requirements. As stated above the best way to find a solution is in conjunction with the employee themselves and taking any medical advice into account.

Other Legislative Requirements to Consider
Right to Request Flexible Working
• Does an employee already have arrangements in place?
• If so ensure that these are covered in an appropriate duty for that individual’s attendance pattern.
• Ensure this duty is ring fenced for this employee under the office re-pick
• If a person submits an application under this legislation during the design process, then the normal business procedures should be followed.
• These are detailed in the Flexible Working Policy
• It is important to note that managers are obliged to seriously consider all applications from eligible people and can refuse a request only if there are clear business grounds for doing so.
• It is vital that you contact your local advice and support team so that the legal requirements are met.

i would also like to point out that this guy works his day off and does evening sa,s too.

Should someone with a disability be prevented from doing overtime and earning money because they have a disability?
I would imagine that would be automatic discrimination,not something Royal Mail or the Union or in fact the legal profession are likely to back you up on.

[ebbzie]

The thing is Fishtank is plantaf fascitiis is regarded as a disability, but like i didnt go to ATOS because i was on a duty that was ok for me. The minute i was told i might be taken off it i requested ATOS . At this momentr im still on my driving duty but even if i get my DDa i have been told he got his first tough!!!! And to make matters worse i have been told no more dda duties in my office DOM would send me to mail centre or another office even tho i dont have a car!
Probably one of the worse things here is My union rep has been bending over backwards for the other bloke who left the union in the last strike $ years ago , worked through it and never rejoined the union!
I suspect my rep\is getting the other bloke to rejoin the union now so he can get help! surely this cant be right ? join the union when it suits???????

[liamlayor]

It will also be necessary to consider those who have applied for the right for flexible working under the Flexible Working Regulations and those who submit requests to accommodate religious belief.

Other Legislative Requirements to Consider
Right to Request Flexible Working
• Does an employee already have arrangements in place?
• If so ensure that these are covered in an appropriate duty for that individual’s attendance pattern.
• Ensure this duty is ring fenced for this employee under the office re-pick
• If a person submits an application under this legislation during the design process, then the normal business procedures should be followed.
• These are detailed in the Flexible Working Policy
• It is important to note that managers are obliged to seriously consider all applications from eligible people and can refuse a request only if there are clear business grounds for doing so.
• It is vital that you contact your local advice and support team so that the legal requirements are met.

Fishtank,

Please can you tell me what documents these extracts are from? Thanks

[fishtank]

Fishtank,

Please can you tell me what documents these extracts are from? Thanks

http://www.royalmailchat.co.uk/communit ... er#p478518" onclick="window.open(this.href);return false;

[liamlayor]

Many thanks, Fishtank. Very helpful.

[littlehead]

what if the identified suitable duty has been excluded from the resign because A. its a forward facing job
B. its excluded because it has had no changes to it and the current duty holder is quoting the wayforward agreement and states that it shouldnt be included in the resign?

i cant find anything in the way forward agreement that works in conjunction with DDA issues

[clashcityrocker]

DDA trumps pretty much anything.

If a duty is needed as part of the "reasonable adjustments" the duty holder can't take it out of the resign.
I'm not sure what you mean by "forward facing." If you mean it is a customer serving role (callers office/ PHG) you would need to be trained for it. If you are not suitable to be trained for that role, you can't have it as part of the reasonable adjustment.

[littlehead]

im fully trained for the callers office job( ive covered annual leave. and the floating duty that includes the phg and DOM support role) so that side of it is not an issue, i have been referred to atos and they recommend a permanent change of duty away from delivery/ driving so that i can self manage my disability, the phg role was identified as suitable, our revision is due in january and my manager wanted to put me on this duty when it happens, the current phg has complained and is quoting the way forward agreement ie its a specalist duty that has had no changes to it therefore he has the right to retain it and it should be excluded from the resign, my local rep is enforcing this too saying that because it is not a new vacant duty it cannot be identified for me and that the current duty holder would have to agree/ volunteer to give it up, im now being asked to start the ill health retirement process , out come could be loss of my job or a transfer to another office but the second is very unlikely. because they are quoting policy i need to find solid documentation that would support overturning this part of the wayforward agreement, not just opinion, if i could find some policy it would really help, i know that it may sound selfish to try and to get this duty but the choice is losing my job or upsetting another opg while he gets used to the idea that he is going to have to do another duty, i know that i have the support of my manager and 99% of the office on this, its just the one individual that is objecting to it