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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.

OP posts:
NavigatingAdolescence · 30/10/2021 23:26

Do you understand what mediation is?

It’s a managed conversation. It may not be right for you, but if you fail to see how it works it definitely won’t help you.

NavigatingAdolescence · 30/10/2021 23:27

It can’t happen if both sides aren’t open to it anyway. But what other ideas do you have to help solve your relationship issues?

inawe · 30/10/2021 23:30

I'm thinking that formal grievance is probably the only way forward in the absence of this not being resolved before I go back to work.

OP posts:
NavigatingAdolescence · 30/10/2021 23:40

It’s likely that it won’t be resolved at all if you won’t attend mediation. It’s a cornerstone of the grievance process.

Get an Occ health referral and report and go from there.

inawe · 30/10/2021 23:44

@NavigatingAdolescence please don't patronise me, I've had enough of that already from my boss. Of course I understand what mediation is. And as a previous poster commented, the examples I've seen of it are often not very productive, a delaying of the inevitable escalation in many cases. And as you say, if either of the parties don't agree to it, it won't take place.

OP posts:
gogohm · 31/10/2021 08:19

I'm looking at it at a few angles, firstly they should have offered training, secondly it does depend on your disabilities (and whether they knew) as to whether it is reasonable for you not to undertake this task, but thirdly is it a situation that whoever does it is likely to be in pain - I quit a job because I was given all the lugging about and donkey work for multiple people because they all came up with excuses, the lifting was a tiny bit on my original job description (in this case they ended up hiring a young assistant whose role was setting up for everyone and they were trained in lifting!). I would in a way look at the fact that they have added something to your job without consultation

daisychain01 · 31/10/2021 08:28

@LorenzoVonMatterhorn

Just echoing other people. OH need to be involved. And HR for a grievance. This is bullying surely?
Under the U.K. Equality Act (2010) this is Harrassment as it relates to a protected characteristic (disability).

I'm aghast that the manager has continued to operate without being hauled in front of HR to explain their unacceptable conduct and having a Reasonable Adjustment formally agreed and put in place PDQ. What's wrong with these people, it's a healthcare setting, the largest U.K. employer, and giving an employee an exemption from heavy lifting isn't rocket science.

I hope things move forward for you OP, do use the processes in place like Grievance Occ Health referral etc, it's your health at stake here.

NavigatingAdolescence · 31/10/2021 08:48

@daisychain01

We had a situation where we couldn’t run a mobile clinic covering 4 counties because Occ Health recommended 90% of the staff not lift anything or drag cages. In order to avoid mass dismissal on grounds of incapability we had Occ Health come and review the work and then re-review the individuals and they changed their minds about all but 2 staff.

Depending on the size of the department/Trust it may not be simple to adjust/redeploy, but IMV an Occ Health intervention of some sort is needed here.

daisychain01 · 31/10/2021 09:00

In this specific situation the OP has stated they are not "medical staff" (we have no way of knowing what they are being asked to lift and shift, nor the impact on operational activities of them not being physically capable of doing so). Shockingly, they have had a pre-existing declared disability which has been made immeasurably worst through the lack of due care and attention of their manager, insisting they lift or move said heavy items. Those are the facts before us, the employer has broken the law, they failed to get the appropriate 'Agency' involved to assess the situation in a timely manner, and the manager turned a blind eye and minimised.

I can't comment on your situation, it is not relevant to the OP's specific circumstances IMO.

NavigatingAdolescence · 31/10/2021 09:17

Non-medical literally means not a medic. Clinical includes patients facing staff like HCSW, nurses, therapists.

The vast majority of staff in the NHS are not medical.

It’s not always possible to accommodate an adjustment. If the work is necessary for the role, it’s possible that the only alternative would be dismissal, as above.

It’s possible this manager doesn’t understand his responsibilities or OP’s condition. Doesn’t sound like communication is great between them.

inawe · 31/10/2021 10:08

@NavigatingAdolescence I have already stated that the reasonable adjustment is very easy to implement, of no negative impact to the department, minimal to no cost, has already been put in place for a week and then rescinded (where in fact it should have been instigated months ago).

Talk of dismissal in this instance is frankly ignorant and scaremongering, in what should be a very easily resolvable case of indirect disability discrimination. It's the fact that those attempts haven't been made, in fact there have been attempts to avoid doing so, that is just as important an issue.

OP posts:
inawe · 31/10/2021 10:12

@gogohm They have been aware of my disability since it was diagnosed, it is mentioned at every appraisal. My last appraisal was a fortnight before this change was brought in unannounced. Nobody had heavy lifting training, and I'm informed by the union that everyone should have had this.

OP posts:
Soontobe60 · 31/10/2021 10:17

@NavigatingAdolescence

*in any post for any employer ever again
That’s not correct. In teaching, for example, there are 2 types of IHR. One type is where you cannot work in any teaching role again, the other is where you can’t work in any job again. For example, if the job involves heavy lifting and something like arthritis in the wrists means you can’t lift any more, you could get IHR but still be able to do other work that didn’t involve lifting. If, however, you have had a stroke and are permanently unable to communicate, you would get IHR but never be able to work. In teaching, this level of IHR would be enhanced.
Soontobe60 · 31/10/2021 10:20

[quote inawe]@gogohm They have been aware of my disability since it was diagnosed, it is mentioned at every appraisal. My last appraisal was a fortnight before this change was brought in unannounced. Nobody had heavy lifting training, and I'm informed by the union that everyone should have had this. [/quote]
Have a good read of this website OP. It may well be a good idea to send the link to your boss!!!
www.hse.gov.uk/pubns/books/l23.htm

inawe · 31/10/2021 10:35

@Soontobe60 Thank you, that's very useful. Albeit something that as a manager he should have been aware of!

OP posts:
fuckyourpronouns · 01/11/2021 00:29

Do you want to return to your role @inawe ? What would your desired outcome be from raising a grievance?

StarCat2020 · 01/11/2021 03:40

It never ceases to amaze me how quick the NHS are to damage the health of its own employees.

endofagain · 01/11/2021 05:28

@StarCat2020

It never ceases to amaze me how quick the NHS are to damage the health of its own employees.
Twas ever thus.
amazeandastonish · 01/11/2021 06:17

OP, I have a disability and had to go through the grievance, appeal and tribunal process with the help of my union.

It was indeed anxiety inducing and people said 'just walk away' but I refused to do that. They'd effectively be getting away with it and could do it to others.

I settled out of court for a very large payout

Here's what to do:
Ask your union rep if they can help you with the grievance process
Ask them if they can help you word the grievance letter
Ask if there is a senior union official who can help you (a legal one as the workplace rep might not have the knowledge of the law to help)
Ask union to push for OH referral
Have a chat with ACAS as well and look at the 'formal grievance' website - some good tips there
Get your doctor to keep signing you off sick. If you are in the NHS you would get at least 6 months full pay I think?
It is not safe for you to return to work until reasonable adjustments are put in place - hence taking the sick leave.
Ensure you and/or your union rep highlight this is also a H&S risk and that you can/will report to the HSE
I think section 44 of the employment act (section44.co.uk/) gives you the right to refuse to come to work if you will be in danger
Disability is also a protected characteristic under the equality act 2010
so mention these laws again and again and again

PS I always refused mediation as its a power imbalance and also voluntary - you don't have to do it. They are in effect asking you to sit down with the person who is abusing you at work and that could only create further distress for you.

inawe · 01/11/2021 23:14

@fuckyourpronouns If you'd asked me a year ago I'd have said I couldn't wait to get back to normal after working from home. Now, after all this it's really soured things. Whereas before it was a case of "oh, I'll be retiring in three years", now, it can't come quickly enough. Those three years will make a difference to my pension though, so if this is resolved, that's what I'll do. If it isn't, I haven't got anything to lose by fighting it.

OP posts:
inawe · 01/11/2021 23:16

@amazeandastonish Did you return to your job after the tribunal? You've given some really used advice there, thank you.

OP posts:
inawe · 01/11/2021 23:17

@amazeandastonish useful, not used!

OP posts:
inawe · 01/11/2021 23:23

I saw my GP again today, as my condition has massively worsened over the last couple of weeks. They said that this is probably a result of the task I was forced to do at work. I've self referred to occupational health, and they are getting back to me. My anger about all of this is if anything worse, especially after finding out that my manager has been trying to blame my colleagues. My manager has been trying to phone me at home while I'm still off sick, but I've not answered his calls, as he has already been told that I will not discuss this without union rep there.

OP posts:
Brewandhoney · 01/11/2021 23:27

Safety first. Always. And if it’s not safe everyone, including yourself as the responsibility to say no, stop the activity and escalate it. Just say no. It’s not safe.
They more than likely know this too- they don’t want to be paying out for claims!

You’ve done the right thing raising it with the union. Keep on pressing, and don’t whatever you do get roped into doing it.

amazeandastonish · 02/11/2021 08:26

No I didn't return and I'm now in a new job that is home based so much better for my disabilities

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