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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:
MrsSquirrel · 05/11/2021 19:13

Good to hear you have the support of your dh.

Kitkat151 · 05/11/2021 19:17

An you take tier 2 Ill health retirement?

inawe · 05/11/2021 19:26

@MrsSquirrel My boss can't intimidate him like he is trying to do to me!

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inawe · 05/11/2021 19:34

@Kitkat151 I don't qualify for that.

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NavigatingAdolescence · 05/11/2021 21:01

Be careful. Your trust will have an absence management policy. It likely says that you are required to engage with your manager during sick leave and to attend sickness meetings. Refusing to do so could be considered a disciplinary offence.

Fulfilling his managerial responsibilities is not harassment.

inawe · 05/11/2021 22:06

@NavigatingAdolescence I have spoken to him on the phone, yesterday and this morning, but I will not have him in my home. If he wants a meeting it will take place at work. Frankly I'm beyond giving a shit about him now. He's a bully who's broken the law. The thought of him coming in to my home makes my skin crawl.

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NavigatingAdolescence · 05/11/2021 22:41

He’s definitely not entitled to insist on meeting at your home.

nocoolnamesleft · 05/11/2021 22:53

No risk assessment, no manual handling training, and no involvement of occy health until you had no choice but to kick up a fuss? That's pretty bad. I found occy health very helpful for pointing out what reasonable adjustments were required. Management have been more...variable...about actually applying them, but I'm in a position where I can more reasonably fight my corner. Over the years my impression has been that the NHS is ironically bad at grasping the concept that staff might not be 100% well, but yet be fit to do most work with just a few adjustments...which is a way to keep their expertise.

Kitkat151 · 05/11/2021 23:36

Have you had an Access to work assessment OP ?..... that was the first thing Oct health and management referred me to when I developed a disability which affected my work

inawe · 06/11/2021 12:31

@Kitkat151 No I haven't, but I'm hoping that happens soon.

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inawe · 06/11/2021 19:42

@nocoolnamesleft Agree about the NHS. All of this means that I'm considering retiring at least a year earlier than I would have done, and I have over 25 years experience in my field. They're big on lip service regarding equalities, carers, etc, but it all just feels like a meaningless tick box exercise.

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fuckyourpronouns · 06/11/2021 23:40

[quote inawe]@Kitkat151 No I haven't, but I'm hoping that happens soon. [/quote]
You need to self refer for access to work. Your employer won't do this

Oxfordblue · 07/11/2021 22:08

I'm a bit lost here. You've asked for advice about employment law and disability discrimination which has been given.

Unfortunately managers don't always follow the correct process as you can see.

  • You need to write to HR - see my template.
  • You need to contact HR and request a referral to Occupational Health.
  • If you want to use Access to Work, you need to apply to this and you'll need the name of your manager who will support this.
  • you must engage with your (bully) managers requests to meet - you can state that you'd prefer to go ahead as a zoom call and I suggest you record the meeting if you choose this option.
-You can also advise him that you're not able to do this until x date, as you need to rest - but do bear in mind that it's in your best interests to resolve the issue. Not engaging is likely to go against you.
  • You don't have a statutory right to a union rep at this welfare call, but you can request it.

If you want to pursue a disability discrimination your employer must have knowledge of your disability (evidence of date you've informed them) and the detriment to you.
If you can evidence that you've asked for reasonable adjustments to be made and they haven't then you'll need to raise a failure to implement them - your grievance.

If he hasn't recorded your accident then you need to report that - in writing. Think paper trail for everything.

It's quite simple - follow the process and if they don't, even better for you.

inawe · 07/11/2021 22:54

@Oxfordblue I have put in a request to see occupational health.

As regards to meeting/speaking to my boss, I have spoken to him on the phone, and told him what my GP said. I am signed off for a further fortnight with work related stress. I told him I would meet at work, not at home. I have also requested reasonable adjustments in writing (which were previously implemented for a week and then rescinded). I have also requested that the injury be recorded as a work related injury, specifically mentioning my disability.

I do feel he is bullying me now, and I don't think he is considering my "welfare" at all in this. I do not trust him at all, and I will push for union representation in any meetings as he has lied before and I don't trust him not to do so again.

OP posts:
Weenurse · 12/11/2021 09:22

Any news?

Mumzoo5070 · 18/11/2021 14:26

inawe do you have an occupational health appointment all booked yet? How are you doing?

inawe · 19/11/2021 17:43

I have an occupational health appointment booked for next week, and currently trying to arrange a meeting with my boss when I return to work, in the presence of my union rep, to discuss the disability implications and whatever is suggested by OH. Boss is being very obstructive regarding dates - he clearly doesn't want the union rep there. However I have told him directly that I will not meet without representation as I am so unhappy with how this whole situation has been handled.
My GP has signed me off for another week with work related stress. I've also done some serious number crunching with a view to possibly taking early retirement. I do have a good pension, so that may be an option. It's early days yet, though.

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Mumzoo5070 · 19/11/2021 19:14

You are entitled to a copy of your Occy Health referral too. I'm sure they will be really supportive. Glad you are insisting on having your Union rep at all meetings.

Sorry you are having all this trouble, they should not get away with this.

Kitkat151 · 19/11/2021 20:39

Have you now self referred for Access to Work....it will put you in a far better light than if you turn up to a meeting and they think you haven’t even bothered to do that

Kitkat151 · 19/11/2021 20:42

Ps Have you spoken to Oct health about ill health retirement? I dint think I ‘qualified’ as such but when I had a telephone meeting with a nhs Oct health doctor they told me that the door is always open for me if I want it.....it can bump up your pension ( unless you 1995 and can go early anyway)

Autumntimeagain · 21/12/2022 10:27

@inawe What finally happened with this ?

Did you retire early ?

What processes did you have to go through, and what was the outcome with regards to the bullying by your boss ?

I'm asking as I'm currently going through much the same at the moment.

inawe · 21/12/2022 18:56

@Autumntimeagain Sorry to hear you're going through similar.

My situation wasn't really resolved, as events overtook things and I ended up being very ill with a completely unrelated serious condition which has meant I've been off sick for nearly a year, and it's looking like I will take early retirement on ill health grounds as a result of that.
If I had still been at work I was planning on fighting it, but as it is the situation was unresolved, leaving my line manager unchallenged, with the potential that this could happen to someone else. Not ideal at all, but unfortunately I've been far too ill to consider taking action on that as well as dealing with the consequences of my current illness.
I do hope your situation is resolved satisfactorily.

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