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Disability worsened because of new working practices

97 replies

inawe · 30/10/2021 21:22

NC for this, and some details vague as it is very outing.

I work in public sector, NHS but not medical staff. I've worked there for 25 years, and about 8 years ago I was diagnosed with a condition that is classed as a disability. Work knew about this. It's manageable and up until earlier this year has not caused any problems at work.

A few months ago a change in the job meant that we now have to do something twice a week that has caused my condition to massively worsen. I'm in a great deal of pain because of what we now have to do (it involves heavy lifting), and for the first time ever I've been hating going in to work. We have never had any training in heavy lifting.

I raised it with my manager, who said to me that he doesn't see what the problem is, and I've never complained about pain before. Er yes, like that's because I avoid things that cause pain! He stated that I have no choice but to carry out this new task in the job.

Probably stupidly, I did carry on, but it has become unbearable. I've now complained about this four times and the answer is always the same - I have to do it. I do have an email trail of all of this, including my manager saying I have no choice but to do this, and that I am letting my team down if I refuse to do it. He stated that if this task isn't done, it means that the department can't function properly and I would be letting our service users down.
I have also spoken to my doctor about this and he said I should not be doing it.

A few weeks ago I took it to the union, who were horrified. They had a meeting with my manager's boss, and basically laid the law down that this comes under disability discrimination. For a week, I was taken off the task. Two weeks ago I came in to work and was told I had to do it, as there was no one else available to do it that day. I refused, and went home sick. I saw my doctor the next day and I have been signed off until the end of next week with pain and swelling from my disability, and also with anxiety as a result of the situation.

I spoke to my union rep during last week, and my boss wants me to come to mediation about this. I do not want to do this, but I'm sort of stuck as to what I do next. My union has suggested raising a grievance, but the thought of that raises my anxiety sky high.

I'm pretty close to retirement age, was planning on retiring a little early in three years time. But I've lost all trust in management handling this situation in a decent way. They've been guilt tripping me about not wanting to do something that causes me days of severe pain, to the extent that I can't dress myself or drive, and I know from other colleagues that my boss has been painting me as being unreasonable and not a team player.

The pain that I had was originally restricted to one part of my body, but since doing this it has spread. On reading up about my condition it appears that this is something that can happen if you do things that make it worse. It's affecting my mental health too, and I've been prescribed antidepressants for the first time in my life.

Does anyone with a knowledge of employment law, particularly disability discrimination, know what would be my best course of action? It's made me really ill, both physically and mentally.

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inawe · 30/10/2021 21:51

I should add that it is actually not difficult to structure things so that I would not have to do this task, it it's not a big thing, no expense involved, and they did it with no problem for a week. My manager then decided it was too difficult logistically, which the cynical part of me thinks that he can't be bothered with the bit of extra work he has to do to facilitate it.

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Amy5261 · 30/10/2021 21:59

So sorry to hear this is happening to you! Having worked in HR for the last 10 years the best option you really have is to raise a grievance. I appreciate how scary that can be, but it’s a formal log which has to be taken seriously by more senior managers.

What is your relationship like with your managers manager? Is there someone at that level you may be able to have the conversation with if you are reluctant to raise formally? Or perhaps someone in HR you could raise with informally? I know if one of our colleagues came to me to discuss I’d be straight on to their manager to try and resolve it before we ended up in a sticky situation!

Really hope the situation resolves itself and your feeling better x

inawe · 30/10/2021 22:11

@Amy5261 I don't really know his manager. It's quite an "us and them" set up really. I'm beginning to accept that if this isn't resolved I will have to raise a grievance, but the thought of it terrifies me! My doctor has said that I should not be doing this, and I'm hoping that will be a useful thing in my favour, and my union is fully behind me.

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Lovelymincepies · 30/10/2021 22:22

Your manager has screwed up here and I suspect he’s had a bollocking about telling you to do said task.
I think they are frightened about you putting in a grievance and that’s why they have said suggested mediation.

Go but take your union rep with you.

You’ll be fine.

inawe · 30/10/2021 22:26

To be honest if I was a couple of years older I think I'd just say sod it and take early retirement, but I really don't want my last couple of years in work to be stressful and unpleasant because of this.

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FictionalCharacter · 30/10/2021 22:32

Where are Occ Health and HR in all this? Occ Health should have been involved as soon as you were asked to do the new task.
Your manager has messed up, especially as you had an existing disability. Good to hear you have union backing.
I hope you or the union will ask about the risk assessment for the task. If no risk assessment and no training given your manager could be in even more trouble.

Princessdebthe1st · 30/10/2021 22:33

Dear OP,
I would suggest that a referral to OH and getting their advice would be a better way than mediation. I am a manager in the NHS with a staff member with some quite complex health needs. With OH support we have made some significant adjustments to support him to continue to work. I would suggest you ask your manager’s manager to refer you.

inawe · 30/10/2021 22:35

@FictionalCharacter No risk assessment done, and no training given. Just told we had to do it!

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inawe · 30/10/2021 22:37

@Princessdebthe1st I was going to self refer to our employee health care, so I will get on to them tomorrow.

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NavigatingAdolescence · 30/10/2021 22:37

NHS HR Director here. Request (via union if necessary) an urgent referral to Occ Health. If they ignore any reasonable advice given by OH then grievance (one of the outcomes of which could be mediation if you agree).

SinoohXaenaHide · 30/10/2021 22:41

Agree to the mediation but take a union rep with you, ensuring that the rep knows everything relevant about your condition and can help prevent you from being pressured into anything that would cause you further harm.

The only acceptable outcome of the mediation is that you do not have to do this task ever again and that you are offered monetary compensation for the physical pain that they have knowingly and deliberately inflicted upon you.

Aggreeing to mediation does not stop you from pursuing a formal grievance if you don't get this. And if someone can get a payout for breaking an arm or leg at work due to insufficient training in working at height then it should be definitely possible to get a payout for a manager deliberately and knowingly making you do something that will cause you pain and make your disability worse.

endofagain · 30/10/2021 22:41

I too am astonished that OH are not involved in this. This is their job, and a referral should have been made as soon as working practice was changed.

LorenzoVonMatterhorn · 30/10/2021 22:42

Just echoing other people. OH need to be involved. And HR for a grievance. This is bullying surely?

inawe · 30/10/2021 22:46

@LorenzoVonMatterhorn It certainly feels like bullying when I'm being badmouthed to colleagues as not pulling my weight for refusing to do something that causes me pain and injury!

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Flossieskeeper · 30/10/2021 22:47

This reply has been deleted

Message withdrawn at poster's request.

NavigatingAdolescence · 30/10/2021 22:47

@SinoohXaenaHide

Agree to the mediation but take a union rep with you, ensuring that the rep knows everything relevant about your condition and can help prevent you from being pressured into anything that would cause you further harm.

The only acceptable outcome of the mediation is that you do not have to do this task ever again and that you are offered monetary compensation for the physical pain that they have knowingly and deliberately inflicted upon you.

Aggreeing to mediation does not stop you from pursuing a formal grievance if you don't get this. And if someone can get a payout for breaking an arm or leg at work due to insufficient training in working at height then it should be definitely possible to get a payout for a manager deliberately and knowingly making you do something that will cause you pain and make your disability worse.

Mediation won’t allow third parties (TU reps) in the room.

It’s a confidential process.

inawe · 30/10/2021 22:50

@Flossieskeeper It did cross my mind that my manager wants rid of me. I'm the oldest member of the team by a few years, and I've got the impression he thinks I'm past it!

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inawe · 30/10/2021 22:51

@NavigatingAdolescence No way would I discuss this matter with my manager without a union rep present - I simply don't trust him.

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inawe · 30/10/2021 22:58

Oh, I forgot to mention that I asked my manager to report this as a workplace injury and he refused, saying it wasn't!

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JackieCollinshasnoauthority · 30/10/2021 23:05

That sounds awful.

If they are insistent that this task must form part of your job and your doctor is insistent you can't do it due to your disability, speak to your union rep about negotiating retirement on the grounds of ill health or other options that will allow you to leave with some money behind you.

If I was your union rep I'd be arguing that your manager should be subject to disciplinary procedures too.

Madamswearsalot · 30/10/2021 23:08

Just to add to the good advice here, you really need to include HR in these conversations - you have a long term disability as defined under the Equality Act 2010 and your employer should be demonstrating that they've made all reasonable adjustments necessary to make it possible for you to work safely. If they refuse to do that, they need to show grounds for why they can't make the adjustments requested.

Don't back-off - you're not asking for anything unreasonable. I would do the following:

When you're ready to return to work, get your GP to give you a fit note that states you're fit to return to work with the following adjustment - not doing the heavy lifting task. Get that sent over to them as soon as you can.

Request Occ Health involvement off the back of your GP'S advice. They should be asked to assess your capacity to undertake the task and then give a formal recommendation on what would be a reasonable adjustment.

Request that the OH referral is undertaken prior to mediation with your manager so that all information is available prior to any mediation meeting.

If they still don't agree to a long term adjustment where you're not doing that particular task, or more likely, your manager tries to ignore it and bully you into doing it, then submit a formal grievance. Note that you've tried to resolve the issue informally but have not been abl e to. I would really hope that you won't get to this point if you've had formal advice from OH.

I know it seems intimidating but you would be doing yourself a disservice if you didn't push them on it.

NavigatingAdolescence · 30/10/2021 23:20

[quote inawe]@NavigatingAdolescence No way would I discuss this matter with my manager without a union rep present - I simply don't trust him. [/quote]
That’s what the mediator is there for. It’s literally the whole point.

I’ve never seen an NHS policy that would allow a TU rep in formal mediation.

NavigatingAdolescence · 30/10/2021 23:21

@JackieCollinshasnoauthority

That sounds awful.

If they are insistent that this task must form part of your job and your doctor is insistent you can't do it due to your disability, speak to your union rep about negotiating retirement on the grounds of ill health or other options that will allow you to leave with some money behind you.

If I was your union rep I'd be arguing that your manager should be subject to disciplinary procedures too.

IHR would be on the basis that she could never work in any in ever again. There is zero evidence this could be approved.
NavigatingAdolescence · 30/10/2021 23:21

*in any post for any employer ever again

inawe · 30/10/2021 23:25

@NavigatingAdolescence I would argue that any mediation with him would be detrimental to my mental health. He is not a particularly nice man, and I feel as if he has been abusive to me.

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