Am I being discriminated against

[GhostPup]

I have some recently diagnosed health issues that I've carried on working with due to the length of time to reach the diagnosis and despite being in pain. I was off unwell but have been back at work for months trying to carry on as best I can but there's been a weird vibe with work colleagues.

I don't do gossip, bitching and backstabbing despite it being the nature and culture of the environment I work in. People should be able to be professional in their working relationship even if they may not like each other. It seems not picking sides means you don't and won't ever fit in. It's unfortunate that when I'm not there, whether it be annual leave or sickness, there's a pyschological side to it as being my fault they're then having a bad time since they're made to cover my role which isn't my fault they're being asked to do so or they have no one covering me which is worse for them.

I completely understand their frustration but they take that out on me despite it not being me who makes them cover me. I'm a band 2 and they're band 5's so that alone would annoy me if it was me.

My query is, if you had problems with your hands/arms/neck and you're admin staff in a non-load bearing role and your work colleagues who are nurses suddenly start leaving patients at your admin desk and walking away expecting you to the push them outside to the waiting room knowing you're having issues that have been causing you pain to start with.... and it not actually being your role to do that.....

My line manager has sat next to me and watched them keep doing this. She hasn't supported me and told them to stop doing it even though she even admitted it wasn't for me to do that. What she does do, when she sees it is look at me and smirk. Am I being discriminated against.

You’re not being discriminated against but you are being treated like shit. Put it in writing in an email to your manager. If your manager doesn’t get them to stop leaving patients by your desk, go to HR and your union.

You are not being discriminated against but you are being bullied. Raise it in those terms with your line manager, and if they don’t deal with the behaviour raise a grievance for bullying.

You need to make it your line managers problem by contacting HR and ask for occupational health to assess.

When the next chair arrives dont move politly ask your LM if s/he is transporting them herself or if you should call patient transport / porter.

This. Not discrimination but also not your problem.

You can only be discriminated against, if you talking about becayse of your health issues if these are in fact disabilities. If they are disabilitues you need to let them know (in writing/email) and ask for OH referral and any reasonable adjustments which might support you.
You need to be able to evidence you've told them you've a disability if this is the case.

If you have a long term health condition you need an Occ health referral.
Then you can explore reasonable adjustments required to your role and get it put in a report to your manager

I've been diagnosed with osteoarthritis, bilateral cervical radiculopathy and very severe bilateral carpal tunnel. Investigations for other things are still ongoing but these are the main 3 so far. Is any of that classed as a disability?

I'd already asked her for a referral to Occupational Health because I need to update them since my last visit to them. It was done before xmas and I've asked a few times if there was any joy with it because I hadn't heard anything. She just kept telling me it had been done but she wasn't, that I could see, ever checking the referral. She came back to me yesterday and told me when she looked at it, it hadn't been activated and then found it was because my address hadn't been updated as I have recently moved.

It's been over a month waiting for this and when I asked her if it would come through sooner because of that she said it would be like a new referral from yesterday so I have to wait again. I feel like it was done on purpose but I'm not privvy to the online process of how it gets sent. Would it not have bounced back to her sooner? How would it know that the address already on there was the wrong one anyway?

I emailed our matron to let her know and if it could be pushed through as urgent. I didn't copy the line manager in because I've spoken to the matron previously about the line managers 'smirking' (I'm not the only one she does it too but they've previously left) and I thought I'd give her the chance to do something about it before I go to HR but after reading all your helpful replies I'm rethinking that.

You need to self-report this thread to MN as ask for it to be taken down.
You have given a lot of details which could ID you in real life

You're being bullied. Not discrimination.

If you're in NHS I'm pretty sure you can self refer to Occ Health.
In my Trust you can you it's worth looking into

Disability is:

They have a physical or mental impairment, and. the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities

Yes you ARE being discriminated against. Indirect discrimination is defined as "Putting rules or arrangements in place that put someone with a protected characteristic at an unfair disadvantage" (Equality Act 2010; Gov.uk) This is precisely what you are experiencing. The arrangement that the admin staff should push people back to their beds, is an arrangement which puts you at a disadvantage given that without this disability, you would be able to manage the task. Your manager should be providing a reasonable adjustment to ensure that YOU do not have to do this task, even if other workers in your role (in your team, or elsewhere in the hospital) do.

As regards whether you have a disability. Yes you do. "You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities." Your health problems clearly do this. So your manager needs to be adjusting your job, so that you do not have to do this part of the work. If you need more guidance ACAS (https://www.acas.org.uk/) are very good at providing guidance on work place adjustments.

It's not discrimination. Have you previously done this role to help out? My mum did a similar role to you, and ended up doing some minor roles technically not within her job description like you've mentioned. If you can not do it, and previously didn't- you need to speak up, and you need to get HR/ OCC Health/ manager involved as to what duties you can do.

If it isn't part of your duties (which it doesn't sound like) then don't do it. I wouldn't even use your health issues as the reason why .. if it's not in your job description then it's not your problem. The person who's paid to do it can do it

Use basic risk assessment to protect yourself.. not part of your job description to move patients, therefore not your remit. Presumably you have never had moving and handling training!
Leave the patients in their chairs where they are and simply say it is not your job.Keep busy, don't make eye contact.
Self refer to Occupational Health, speak to your union.

I work in an OH team which covers NHS Trusts.

1. you should be able to self refer to OH, or at least call your advice line.
2. osteoarthritis will likely be covered under EA10 Iif you have had symptoms beyond 12 months, as it is long term and having a significant impact. The carpel tunnel and radioculopathy may be, depending on how long you have had it for, but as they both can improve with surgery or recovery, it is unlikely that they would be classed as disability if you were to go to court.
3. I would say it is bullying at this point.