Forced ill health retirement - help needed

G051238 · Post by **G051238** » 03 Jul 2019, 01:03

Hi all, I’m in desperate need of help and advice and I was hoping someone would be able to help.
Last year i was injured outside of work. I was run over by a car and I broke my ribs, shoulder and injured my back. The police treated this as a hit and run but they eventually caught the person who done it.
Before this happened I was a postie but Due to the severity of my injuries I was off work for weeks. I was later assessed by a specialist who said I could no longer continue to work as a postie as it’s going to take approx 3 years or more for my body to heal. There’s also still a high chance that I’ll need surgery. My DOM wasn’t happy about this and he told me I had no other option but to be transferred to the mail centre and work from 5pm-10pm. I was scared that I’d lose my job so I agreed to transfer to the mail centre.
Things were going well at the mail centre for approx 2 months but I then became really unwell. I suffer from epilepsy and have done for 19 years but it’s never been an issue as I’ve taken medication for it for 17 years. The medication has kept my epilepsy under control and I hadn’t had a seizure in 10’years. Ive always taken my medication every night at 8pm as I was told to do so by my GP. The medication I take is very strong and it makes me very sleepy/drowsy. Whenever I take it I have to go straight to bed. Because my new finishing time was now 10pm I initially took this medication during working hours. This was a huge mistake as I couldn’t drive home as I was so drowsy and I couldn’t do my work properly. I then realised the safest way for me to take my medication was when I returned home from work at 10:45pm. I done this for 2 months but I then started getting more frequent seizures that were a lot worse. I also took two seizures at work and my manager told me that if he had known that I had a health issue, he would not have allowed me to stay on at the mail centre because people like me have no place there and he can’t have people like me disrupting his production. I was shocked when he said this and questioned him if he knew what he was saying was discrimination. He just shrugged and walked away. I visited my GP as I was worried about the increase in seizures and their severity. He asked if anything had changed and I explained that instead of finishing at 3pm, I now finish at 10pm and I take my medication at 10:45pm when I get home. He told me that the change in my medication times was causing the seizures and that I’d have to immediately start taking the medication at 8:30pm or my epilepsy would get worse.
I explained my situation to my manager and my union rep. I told them that I needed to be home for 8:30pm in order to take my medication. My GP also wrote my manager a letter explaining this and asked for them to refer me to OH assist.
My manager, the shift manager and staff branch all ignored my GP’s letter and told me I wasn’t allowed to see OH assist and that I wasn’t able to finish any earlier than 10pm.
I explained to them that my request to finish at 8:30pm was due to a medical reason and not a preference. If I didn’t need to take my medication at 8:30pm, I’d happily work until 10pm. Before I was transferred to the mail centre, I wasn’t aware that changing the time of when I took my medication would have be an issue. I thought the medication would still work in the same way. If I had known it was going to cause problems with my condition, I would not have went to the mail centre.
Due to not being able to finish earlier, My GP signed me off work as he said I needed to take my medication at 8:30pm.
I’ve now been off sick from work for 8 weeks. I’ve been attending meetings with various managers on a weekly basis. The meetings haven’t gone well at all because the managers have repeatedly stated that I cannot finish earlier than 10pm and there is no other position available for me in any RM buildings within the area. 3 managers have now said that I could possibly be medically retired as they don’t have anything else for me. I don’t want to be medically retired as I can still work. My injuries from being knocked down are not stopping me from doing mail centre work, I enjoy the work at the Mail centre but I just can’t work past 8pm due to having to take my medication. I had a meeting last Friday and I was informed that I have now been referred to OH assist (after my GP requesting this 5 times)
The manager who took the meeting told me out his own mouth that he hates OH assist and regardless of what they say, I’m not allowed to finish earlier than 10pm
I’ve been in touch with a few union reps but They’ve been unable to help me.
I’m now unsure what to do and I fear my career at Royal Mail will now be over.
Any help or advice would be greatly appreciated

NWpostie · Post by **NWpostie** » 03 Jul 2019, 05:19

I'm suprised the Union is not helping you, they are clearly not doing their job as your case comes under the Equality Act regarding your disability, they have to make reasonable adjustment for your situation.

I would mention that RM has a legal responsibility to follow the Equality Act.

Have you tried to change your start and finish time to an earlier time ?

All of this is not your fault and you shouldn't be penalised
for it.

clashcityrocker · Post by **clashcityrocker** » 03 Jul 2019, 07:25

Your Branch should have an Equality officer who might be of more use than any rep you have dealt with up until now.
Failing that contact CWU at Wimbledon.

Post by **SpacePhoenix** » 03 Jul 2019, 10:28

What about moving to early shift? In a MC on the late shift (which is what the OP is on based on the times) between 20:00 and 22:00 is the busiest time of the shift, when the main (think it's between them times) and the final dispatches go out. I can't see any manager agreeing to someone finishing right at the busiest time of the shift no matter what the reason is

enskied · Post by **enskied** » 03 Jul 2019, 15:15

" I also took two seizures at work and my manager told me that if he had known that I had a health issue, he would not have allowed me to stay on at the mail centre because people like me have no place there and he can’t have people like me disrupting his production. I was shocked when he said this and questioned him if he knew what he was saying was discrimination. He just shrugged and walked away."

Disgusting response. You are covered by the equality act. I would take this to the head of RM.

Is it not possible that you could use public transport to get to and from work though ?

good luck fight your corner and get ACAS involed if you have to.

arnold cheshire · Post by **arnold cheshire** » 03 Jul 2019, 16:08

SpacePhoenix wrote:What about moving to early shift? In a MC on the late shift (which is what the OP is on based on the times) between 20:00 and 22:00 is the busiest time of the shift, when the main (think it's between them times) and the final dispatches go out. I can't see any manager agreeing to someone finishing right at the busiest time of the shift no matter what the reason is

He says the medication makes him drowsy how will get up be awake? See a solicitor compensation is needed

Post by **SpacePhoenix** » 03 Jul 2019, 17:47

arnold cheshire wrote:
SpacePhoenix wrote:What about moving to early shift? In a MC on the late shift (which is what the OP is on based on the times) between 20:00 and 22:00 is the busiest time of the shift, when the main (think it's between them times) and the final dispatches go out. I can't see any manager agreeing to someone finishing right at the busiest time of the shift no matter what the reason is
He says the medication makes him drowsy how will get up be awake? See a solicitor compensation is needed

Realistically probably the only option for the OP is going to be to change shift

ted_e_bear · Post by **ted_e_bear** » 03 Jul 2019, 19:22

Sorry I'm unable to give you any advice but I'd like to say after reading your post regarding the way you've been treat my piss has just started to boil !!

G051238 · Post by **G051238** » 05 Jul 2019, 11:37

Hi all,
Thank you very much for your replies. It’s much appreciated.

I have asked my Manager and Staff branch for an earlier start/finishing time but they said they cannot do this and what I’m asking for is NOT a reasonable adjustment.
I spoke to my GP and union reps who have all said that this is a reasonable adjustment. I’m covered by the equality act 2010 which states an employer has a duty to make reasonable adjustments, these include a change to working hours. I have made my managers aware of the equality act but they just ignore it.
I understand that someone leaving at 8pm on a late shift would cause some issues as it’s really busy at that time.
I’ve asked RM if I can do a morning shift but they’ve repeatedly said no. They said if they allow me to finish early or move to a morning shift then everyone else will want to. I explained that my reasons are due to a medical issue and its not due to a preference.

I had my OH assist phone call and they said I’ve to do a phased return to work doing a morning shift only. This is initially for 1 month and OH is going to put in the report that RM should do a scoping exercise to find me a suitable position with suitable hours elsewhere.
I expressed my concerns about what will happen when the month is up. What if they try and make me go back to finishing at 10pm again? OH said I cannot go back to finishing at 10pm as the hours aren’t suitable and if RM try and make me, I’ve to be immediately referred back to OH assist.
I am really anxious and scared about this as it’s taken 6 months for RM to refer me to OH assist. They have on many occasions refused to refer me even though my GP has repeatedly requested it. What if they don’t allow me to be referred back to OH assist.

I will contact ACAS and ask their advice. I’m also apprehensive about returning to work after what the shift manager said about my ill health and how people like me have no place in the mail centre.
I really want to get back to work as being off sick is having an impact on my mental health.

G051238 · Post by **G051238** » 05 Jul 2019, 13:18

An update - I spoke with ACAS who advised me to put in a formal grievance. They said what the shift manager said about my ill health is discrimination and that it’s unacceptable, especially as RM are meant to be an equal opportunity employer. I contacted HR and told them what’s been going on. They said that no employee should be made to feel like that and they’ve raised a formal grievance for me.
I’m not sure if I’ve done the right thing. I’m really worried in case they now try and make my life hell when l return to work.

26l34 · Post by **26l34** » 05 Jul 2019, 13:48

Shameful treatment, this, good on you for putting in a complaint mate, can’t see how the managers could treat you any worse because of it and if you don’t stand up to them they’ll do this rubbish to someone else (if they haven’t/aren’t already).

borders · Post by **borders** » 05 Jul 2019, 14:59

It seems the way members get treated vary from workplace to workplace. its something the Union should harmonize across the board but i guess this depends on the Union rep and unfortunately the RM Manager dealing with the situation . i got diagnosed with Epilepsy and PTSD and had to hand in my DL . at my workplace the Union Rep and the RM managers could not have been more helpful and RM have set up a different job for me in the MC. i have been given Reasonable Adjustments because of being covered under the Equality Act .
well done for standing up for yourself , hopefully after putting in a grievance they will cut you some slack.

G051238 · Post by **G051238** » 05 Jul 2019, 20:10

26l34 wrote:Shameful treatment, this, good on you for putting in a complaint mate, can’t see how the managers could treat you any worse because of it and if you don’t stand up to them they’ll do this rubbish to someone else (if they haven’t/aren’t already).

Thanks mate. Unfortunately the managers do it a lot at the MC, especially to those who have physical and mental health issues.
As soon as I moved to the MC I spotted it a mile away, it’s sickening. I’ve witnessed a grown man wetting himself because our manager told him he couldn’t go to the toilet. Another guy was told he couldn’t drink any water, he was then unable to take his medication and ended being unwell. The manager bullies these two colleagues every night. He's laughed at their hair cuts and their appearance, he deliberately singles them out to ridicule them and to use them when making “jokes”
I’m not sure why but most people don’t even blink an eye when it’s happening.

k979aaa · Post by **k979aaa** » 06 Jul 2019, 18:49

G051238 wrote:
26l34 wrote:Shameful treatment, this, good on you for putting in a complaint mate, can’t see how the managers could treat you any worse because of it and if you don’t stand up to them they’ll do this rubbish to someone else (if they haven’t/aren’t already).
Thanks mate. Unfortunately the managers do it a lot at the MC, especially to those who have physical and mental health issues.
As soon as I moved to the MC I spotted it a mile away, it’s sickening. I’ve witnessed a grown man wetting himself because our manager told him he couldn’t go to the toilet. Another guy was told he couldn’t drink any water, he was then unable to take his medication and ended being unwell. The manager bullies these two colleagues every night. He's laughed at their hair cuts and their appearance, he deliberately singles them out to ridicule them and to use them when making “jokes”
I’m not sure why but most people don’t even blink an eye when it’s happening.

Why not go to rep or area rep something will be done about it but it is for them to do it you are but a witness you could help them by giving numbers of rep or area rep are the in the union? if not why are they agency or new contract these things make a difference!

Post by **aiden01** » 06 Jul 2019, 18:55

k979aaa wrote:
G051238 wrote:
26l34 wrote:Shameful treatment, this, good on you for putting in a complaint mate, can’t see how the managers could treat you any worse because of it and if you don’t stand up to them they’ll do this rubbish to someone else (if they haven’t/aren’t already).
Thanks mate. Unfortunately the managers do it a lot at the MC, especially to those who have physical and mental health issues.
As soon as I moved to the MC I spotted it a mile away, it’s sickening. I’ve witnessed a grown man wetting himself because our manager told him he couldn’t go to the toilet. Another guy was told he couldn’t drink any water, he was then unable to take his medication and ended being unwell. The manager bullies these two colleagues every night. He's laughed at their hair cuts and their appearance, he deliberately singles them out to ridicule them and to use them when making “jokes”
I’m not sure why but most people don’t even blink an eye when it’s happening.
Why not go to rep or area rep something will be done about it but it is for them to do it you are but a witness you could help them by giving numbers of rep or area rep are the in the union? if not why are they agency or new contract these things make a difference!

Why does it make a difference if they are agency or new contract no-one in any walk of life should be treated like this. absolute disgrace mc should have walked out in unison at appalling behaviour from manager..