DDA(EQUALITY ACT) ADVICE NEEDED

[robert2012]

I was diagnosed with prostate cancer in 2009 and had surgery to remove prostate in 2010,this placed me under the equality act because of my cancer and left me with a permanant problem with incontinence caused by surgery. i returned to full duties later in 2010 and my managers made no attempt to help me with my condition and had no intentions of giving me a duty to serve my needs.i had to write to the the very top to get a solution,and they gave me a vacant duty with toilet stops and i managed to do the delivery.
In june this year i collapsed at home and was taken to hospital and since then i have been undergoing investigations and tests for a possible heart condition and i am waiting for the results of these tests.my doctor put me on sick leave and i was off for some 4 weeks.for my return to work my doctors stated that i should have some adjustments made to my duties,ie a lighter workload.this request was totally ignored by my managers and i had to go to do my full duty.guess what-they actually INCREASED my duty,adding a new lapsing to my duty that gave me lots more calls and i was expected to complete all of my delivery in 3hrs and30 minutes.i just managed to cope with this,but again later i had to go off on the sick again.After a conversation with ATOS i returned to work again-and what did i find-only that they had changed my lapsing duty again,and it had INCREASED again,adding even more on my duty.i told my managers that i could no longer cope and it was going to add another 1 hour to my duty,and i dont want to work past my time.
the stress of this and my worries over my heart condition triggered a 2nd collapse at home and my doctor ordered me back on sickleave.i am now 64 years old and am due to retire next year,i would have wanted to complete my service,but i feel that i really want to go now as i am frightened to return to work because of my health and the way that my managers have treated me.ATOS recommends that i have an indoor duty, but management has told me quite bluntly that there is nothing for me and they wont do anything to help me.
i know that under the DDA(EQUALITY ACT) they should have helped me to be able to do my job as my capabilities allowed,they did nothing.
I feel that i have been a victim of direct discrimination from management as they created a disadvantage for me in actually increasing my duty when they should have made adjustments that would have actually helped me to do my job.Possibly there might be a case for victimisation as i seem to have been the only one to have really suffered badly from all this. I cannot go to my CWU rep here as he is not interested in our welfare and he may as well be sitting in the managers office.
I really need advice on what to do,what rights i have and can i take any actions against my managers and royal mail because of what has happened to me.It has shown me that loyalty and dedication to the job is a total waste of time and that i only want to get out now,thanks.

[whatamess!!]

Get hold of your CWU branch, explain your situation with the rep and your treatment at work, including your health conditions. They should put you onto a union solicitor who will be best to advise on what you can take up against the employer. You should be able to get IHR if royal mail are advising ATOS that they can't find any suitable work for you, IHR is 34 weeks pay plus 12 weeks notice plus any outstanding leave, Then at 65 take your pension and enjoy your retirement. Seek advise off the pension helpline regarding your pension.

Good luck for the future!!

[General Mannerheim]

Words f***ing fail me.
What a great company!

[POSTMAN]

Hands up who wants to go round to the office and.........

[protect us]

Very sad here and I wish you well ! This is another disgraceful example and should not be happening ! After 12yrs I have had bad knees , stress , anxiety (caused by changes in job and terrible planning etc ) and after being signed off with stress and Atos advising continuation of a duty I was coping with they decided to chuck my duty into resign as said I'm not DDA protected so tough - was supposed to have physio on knees etc but didn't happen in over a year !
Simple answer to all this is they dont seem to care and want us long termers to just get so fed up or can't handle the job to just quit ! I think it's utterly disgraceful and shouldn't be allowed - why is it ?

[dvbuk55]

These cases highlight the deficiences in the union structure that allows these sort of practices to proliferate.

[Glenno]

Robert2012, attached for you to read

[robert2012]

thankyou all for your comments and advice.

i have decided to contact the CWU on monday directly to see what further action i can take as i feel that enough is enough after the last 2 years.
if i can get some kind of a result then perhaps it will be a reassurance to others who have,or are faced with the same treatment that i have had to go through.i cannot go through my own rep,the reason why i have already explained,so i will go directly to the CWU legal department. i will keep you informed and thanks to all again

[toastie]

I am really sad to read your post.

I had similar but much less serious problems, which I could not have sorted out without my union rep, and advice from this site. It did take 18months or so of fighting and sick absence cuminating in an eventual letter from my own doctor telling them they must make reasonable adjustments.

I wrote to ATOS for a copy of my records. When they came I could see the lies management had been feeding them - try it - it makes interesting reading and gives you some evidence.

The advice I found very usful from this site was to contact Linda Roy at CWU HQ her email address is lroy@cwu.org Just send her your story and I guess Royal mail will have a lot of answering to do.

Happy ending to my story - I now have a delivery I can manage - management hate that I won the right to work, when they just wanted me gone. Good luck

[unhappy union member]

do you know who are worse then mangers with dealing with ea act most opg they always think that the person is just trying to get an easier shift then realizing that the changes that were made are there so that the person can keep there job and it there for everyone.sometimes are members are own enemy maybe it will change one day

[toastie]

I so agree with you 'unhappy union menber' I have hardly any friends at work because they end up with the work I cant do - and blame me for it.
I didnt want them to end up with a raw deal but sometimes you have to be selfish when threatened with unecessary ill health retirement.

[dvbuk55]

So if we had a work force who was predominantly "DDA" who would do the work they couldn't do? There has to be a limit surely on how many people a company can carry.

[motherhubbard]

So if we had a work force who was predominantly "DDA" who would do the work they couldn't do? There has to be a limit surely on how many people a company can carry.

A business has a legal responsability to TRY and provide reasonable adjustments for someone with a disability.

If for instance you were a bus driver and you lost your eyesight, then you would lose your job as a bus driver.
The business could look at providing you with a different role in the company but if there was nothing you were able or trained to do then.............

The problem in RM is the level of physical fitness required has increased year on year and while someone with a walking disability might manage a couple of hours on delivery, they can no longer manage 4 hours+.
The reasonable adjustment is a smaller delivery.

[dvbuk55]

So if we had a work force who was predominantly "DDA" who would do the work they couldn't do? There has to be a limit surely on how many people a company can carry.

A business has a legal responsability to TRY and provide reasonable adjustments for someone with a disability.

If for instance you were a bus driver and you lost your eyesight, then you would lose your job as a bus driver.
The business could look at providing you with a different role in the company but if there was nothing you were able or trained to do then.............

The problem in RM is the level of physical fitness required has increased year on year and while someone with a walking disability might manage a couple of hours on delivery, they can no longer manage 4 hours+.
The reasonable adjustment is a smaller delivery.

Half the workload for the same pay and someone was wondering why they had no mates?

[motherhubbard]

Half the workload for the same pay and someone was wondering why they had no mates?

Half the outdoor workload and a disability for the same pay.

If anyone thinks needing reasonable adjustments because of a disability is some sort of skive, they need to actually live with a disability or take a look at their priorities in life.
Does anyone really think people go:
Oh good. I've been diagnosed with cancer. I can get on that Equality Act skive at work now?