PT hours, DDA issue and employer forcing me to increase my hours

[BerylStreep]

I think I need some help.

I had posted about this issue previously under general health on
this thread

To summarise, I work 25 hours per week. In March, my employer told me that as a result of restructuring at work, I had to reapply for my job, and that it was 30 hours per week. I said I couldn't do 30, and I applied for the job on the basis that it was 25 hours per week. I indicated that I hoped to be in a position to increase my hours to 30 in April 2011. My employer asked if instead I would increase in Jan 2011, and I agreed in principle, however specified it was dependent on a number of factors, one of which was how I would get on after planned surgery. This subsequent discussion was not followed up in writing.

I had surgery in June last year for arthritis in my shoulder. I have had the condition for the last 10 years, and it has curtailed the activities I do. I have been in extreme pain since the surgery.

My manager met with me 6 weeks ago, and said that I had to increase my hours in Jan. I said I didn't think I was fit to do so. He told me a had to do it, and wouldn't believe me that I wasn't well enough. I suggested attending OHW, and he eventually agreed.

When I attended OHW, the OH was really vigorous, and has caused further injury to my shoulder. I have been in extreme pain and have suffered numbness since the appointment, 4 weeks ago. The OH stated that she thought I was capable of increasing my hours.

I had a meeting today with my manager & HR. They are saying that since the OH report states I am fit to work, that they will be guided by that, and that I have to increase my hours. They suggested that in the interests of reasonableness that they would allow a week before I had to increase my hours.

The threat is that if I don't increase my hours, I will be transferred. The only vacancies at present are over 50 miles away. I currently work 3 miles from home. I am physically unable to drive for more than short distances.

The meeting reached an impasse today. My employer refuses to shift from their view that I have to increase my hours. I know that I am working to the absolute maximum of my physical capabilities at present, and I cannot increase my hours. It ended that I would be referred to OH again, however if they say that I am fit to do the increased hours, I don't know what I will do. I simply cannot work more hours due to high pain levels and exhaustion.

I currently manage a team in the public sector, and am meeting all my objectives. I have recently conducted several reviews of my unit and processes, and have made considerable efficiency savings. The work is being done in 25 hours.

I feel like I am being harassed over this, and my employer has a fixed idea about these hours. He has made it abundantly clear he does not believe me in terms of my arthritis.

My GP has stated he will provide a report for me, however HR have said that they will only be guided by OHW.

Sorry this has been long. I would appreciate any words of wisdom.

Bump for Flowery and other HR Bods.

I'm not HR at all, but as the arthritis is a long term condition which restricts you, I would have thought they need to demonstrate that they make 'reasonable adjustments' to enable you to do your job? Under DDA legislation?

Are you contracted to 25 hours/week? Any change to your contract needs to be made with your consent AFAIK, although I can see you are in a tricky position.

Do you feel they are trying to push you out?
Got a union rep?

My contracted hours are 25 hours per week. Whilst they can't increase my hours without my consent, the threat is that if I don't agree, they will transfer me 50 miles away.

Today they were disputing whether I was even covered by DDA.

I'm not sure if they are trying to push me out. Instead I think they are using the threat of transfer to brow-beat me into increasing my hours.

I am very good at my job, and have a lot of specialist expertise and experience which wouldn't easily be replaced from within the organisation. (They can only replace from within the organisation, cannot recruit externally).

There are only a handful of other people at my grade, working pt hours, and AFAIK, they are all in posts which they do not want to move from.

I may of course be deluded about my abilities, and could well be posting next month about how I hate my 100 mile daily round trip to a new role.

Arthritis is definitely covered by the DDA.

You might want to contact Arthritis Care. They have a helpline you can call 0808 800 4050.

Or has others have said, get in touch with your trade union rep.

OOPs! BIG mistake by the employer - you can take the 30 hours job with a reduction in hours as a 'reasonable adjustment' OH are obviously colluding and if they caused further injury are in a very seriously difficult position.

Presented to a lawyer/union rep this is clear evidence of disability related discrimination which has unlimited payout - the alternative of a transferred job with increased commute/relocation is inappropriate to someone whose condition and ability to work would be affected by that commute/.transfer.

If you are handling the workload required in 25 hours too, and there is not an appropriate reason for increasing your attendance hours, this too will add to a claim of victimisation. You need a strong message to go back about this - so advice to get Union rep or lawyer is a good one - you can be reasonable whilst your adviser says 'you can't do this' to their face.

UPDATE:
Thanks all for your replies - Heroine, I see you have posted on my other thread. Thanks - it really helps, because you start to doubt yourself & think you are going mad!

I went to OH today, and spoke with the Dr in charge. I was really well prepared, and had brought with me a note of all the things that are impacted by my condition. He said that there is no doubt that I am covered by DDA, and he will be stating that I cannot work more than 25 hours per week.

I am so relieved that someone actually seems to be listening to me, and believing me.

I will still have to have a meeting with my manager and HR to see if they will agree that a reasonable adjustment will be for me to remain in post at 25 hours.

I feel quite traumatised by the overbearing way this has been dealt with so far. If I wasn't off booze for all of Jan, I would be popping a bottle of champagne tonight.