Equality Act.......

Wornoutpostie · Post by **Wornoutpostie** » 11 Nov 2017, 05:30

Just a quick question.....

If someone is covered by the Equality Act and there is a duty in the office which would be suitable for that individual. Can the original Duty holder be moved of that duty to accommodate them?

Cheers

clashcityrocker · Post by **clashcityrocker** » 11 Nov 2017, 06:53

awesomepenguin · Post by **awesomepenguin** » 11 Nov 2017, 08:12

Yes because the Equality Act is law. Where as the use of seniority, by RM and the CWU, for duty selection is not.

Driver74 · Post by **Driver74** » 11 Nov 2017, 13:12

But if everyone is treated equally you are left with seniority

rehabron · Post by **rehabron** » 11 Nov 2017, 13:34

Wornoutpostie wrote:Just a quick question.....

If someone is covered by the Equality Act and there is a duty in the office which would be suitable for that individual. Can the original Duty holder be moved of that duty to accommodate them?

Cheers

And where do you put the original duty holder that you have replaced? MTSF / reserve.
Unaware what your duty is currently but if it only recently you have met the qualifications on disability in the Equality Act why then can't reasonable adjustments be made to your current duty to assist you in your medical condition.

Wornoutpostie · Post by **Wornoutpostie** » 11 Nov 2017, 16:13

rehabron wrote:
Wornoutpostie wrote:Just a quick question.....

If someone is covered by the Equality Act and there is a duty in the office which would be suitable for that individual. Can the original Duty holder be moved of that duty to accommodate them?

Cheers
And where do you put the original duty holder that you have replaced? MTSF / reserve.
Unaware what your duty is currently but if it only recently you have met the qualifications on disability in the Equality Act why then can't reasonable adjustments be made to your current duty to assist you in your medical condition.

Individual is a day off cover - would suit this individual if they were on a fixed duty.

fishtank · Post by **fishtank** » 12 Nov 2017, 09:14

rehabron wrote:
Wornoutpostie wrote:Just a quick question.....

If someone is covered by the Equality Act and there is a duty in the office which would be suitable for that individual. Can the original Duty holder be moved of that duty to accommodate them?

Cheers
And where do you put the original duty holder that you have replaced? MTSF / reserve.
Unaware what your duty is currently but if it only recently you have met the qualifications on disability in the Equality Act why then can't reasonable adjustments be made to your current duty to assist you in your medical condition.

Reasonable adjustments under the equality act should not be limited by the fact that you don't want to upset a duty holder, If a duty already exists that suits the criteria there is neither the need nor the obligation to make adjustments to another duty. The original duty holder is treated as displaced and under the Way Forward Resourcing Guidelines would have the pick of any vacant duty until there is a repick.

rehabron · Post by **rehabron** » 12 Nov 2017, 20:30

Just as a matter of interest knowing the length of time it can take an employee to reach full time status with this company what if the current duty holder is covered by one of the protected characteristics of the Equality Act in regards to age and another employee is covered in the Equality Act on disability which one is given preference over the other for filling the criteria of a duty.

fishtank · Post by **fishtank** » 13 Nov 2017, 09:36

There are two separate issues there. Although age is a protected characteristic in that it's unlawful to discriminate based on age alone it's difficult to imagine where age alone would lead to adjustments in duty.

Your second point is more straightforward, no protected characteristic takes precedence over another, it's not a game of top trumps. If a duty has been adjusted it is ringfenced. It would require the agreement of the duty holder and an assessment by OH to change the status quo.

rehabron · Post by **rehabron** » 13 Nov 2017, 10:46

fishtank wrote:There are two separate issues there. Although age is a protected characteristic in that it's unlawful to discriminate based on age alone it's difficult to imagine where age alone would lead to adjustments in duty.

Your second point is more straightforward, no protected characteristic takes precedence over another, it's not a game of top trumps. If a duty has been adjusted it is ringfenced. It would require the agreement of the duty holder and an assessment by OH to change the status quo.

Thanks

doffersbruv · Post by **doffersbruv** » 13 Nov 2017, 14:24

Can someone please post the way forward agreement on when a person can be displaced and the duty given to somebody else under the dda/equality act please

clashcityrocker · Post by **clashcityrocker** » 13 Nov 2017, 14:44

doffersbruv wrote:Can someone please post the way forward agreement on when a person can be displaced and the duty given to somebody else under the dda/equality act please

It isn't in the Way Forward or any other RM/CWU agreement.
It is the law.
If somebody has a disability then the company has a legal requirement to try and find them alternative employment.
If that happens to be the duty someone else is on (even if they think it is their duty) then that's what happens.

As someone posted earlier - the Equality Act is the law. Seniority isn't.

doffersbruv · Post by **doffersbruv** » 13 Nov 2017, 15:24

Thanks clash

k979aaa · Post by **k979aaa** » 13 Nov 2017, 17:45

Well if you need a type of work by your condition you maybe required to travel for other job's in the area or even other job's not just the one you like.

graffi223 · Post by **graffi223** » 13 Nov 2017, 18:32

Fishtank so are you saying that because someone is not covered by the EA2010 they can be treated less favourable than someone who is (ie be taken off their duty to accomadate someone needing reasonable adjustments?) As the advice we received from Div reps and head of H/R said no?