Disability at work how do I stand.

[dwayne dibbly]

Hi,

 

Quick post, I have got ankylosing spondylitis and rheumatoid arthritis, I have not yet told work although it is becoming increasingly difficult to hide the fact that there is something wrong with me as at 42 years old I look like a 92 year old when I move or pick things up.

 

My question is how likely am I to lose my job because I am unable to do what they require of me, I work at tescos on the backdoor which although does not require me to be lifting and carrying all the time it is sometimes needed, I also find myself unable to other things but have so far been able to bypass doing them.

 

As you can imagine I am a little worried that if I tell them of my problems I will suddenly find myself being asked to do things I cant do or I find myself being pushed onto hours that are unsuitable because I am unable to do parts of my job as it stands.

 

If they are able to do this where does that leave me.

 

Thanks

 

dibbly...

[reallymadwoman]

If your conditions are a disability as defined in the Disability Discrimination Acts, then Tescos will have to make 'reasonable adjustments' for you to continue to work for them even if that means moving you to a different job. They would be on extremely sticky ground to sack you if reasonable adjustments meant you could have continued working for them. However, it is not unknown for employers to find some reason for sacking someone anyway as discrimination is extremely difficult to prove.

 

Is there a national or local organisation which supports people with your conditions? If there is, they are bound to be the best source of advice. You could also speak to the national disability discrimination organisation, whose name completely escapes me at the moment. ACAS might be able to advise on how to approach your employer.

[Sidewinder]

Entirely agree. You can't be dismissed if you develop a condition which may affect your ability to you your current job, but the employer needs to know that you have a condition which will be classed as a disability in order to make the necessary adjustments that the DDA requires. If they are unaware, and you continue to struggle, then they could start looking at your capability to do the job.

 

Best thing to do is to speak to the branch PM or APM if there is nobody at the branch, and have a frank discussion about your condition and your determination to continue working. If you are a member of USDAW it will be worth involving your branch Rep at an early stage. These are debilitating conditions, and the company have H&S responsibilities to yourself and others around you which involve risk-assessments. The reasonable adjustments may well include moving you away from the more manual handling aspects of what you do, or changing your role in store. They cannot put unreasonable demands on you, but they must know what they are dealing with.

[papasmurf1cx]

Hi.......... I agree with all the above. The employer needs to know of your condition if they are to act as a dutiful employer and sort the problems out. However I would lay some protection down before to tell them ie join a union and / or ensure you have legal protection cover for employment disputes. The union will give you cover but not all unions are worth their money as they are useless when it comes to fighting for you. The legal protection cover can be purchased with home contents cover or separately. It costs £20 or so and worth it if the emplioyer starts to muck you around.

[Allwood]

Hi.......... I agree with all the above. The employer needs to know of your condition if they are to act as a dutiful employer and sort the problems out. However I would lay some protection down before to tell them ie join a union and / or ensure you have legal protection cover for employment disputes. The union will give you cover but not all unions are worth their money as they are useless when it comes to fighting for you. The legal protection cover can be purchased with home contents cover or separately. It costs £20 or so and worth it if the emplioyer starts to muck you around.

 

Hope you do not mind me hijacking your thread, but my partner has a problem with a union and would like to rescind the contract with them as the rep is useless to say the lease he refused to refer the case for a legal opinion regarding an ongoing dispute with employer concerning DDA. Can one get cover for an ongoing DDA dispute with an employer on insurance that has been ongoing for years. :-?

 

Should mentioned this was with USDAW initially and the rep keep advising when the employer would not make minor adjustments for her disability all that was needed was to keep putting in grievances. Joined another union and found them equally as bad and now wants to take out insurance in the hope that something will be done regarding DDA.

Edited August 23, 2010 by Allwood

[honeybee13]

This might be a question for the Insurance forum, Allwood, if you don't get answers here. I would check the terms very carefully for an existing dispute, because most other types of insurance wouldn't offer cover.

 

HB

[papasmurf1cx]

Hi Allwood............ I wouldn't have thought that existing problems would be covered. However it does sound like the unions discriminated too. Have a look at this http://www.yourrights.org.uk/yourrights/right-to-receive-equal-treatment/disability-discrimination/disability-discrimination-trades-unions-and-trade-associations.html

 

Personally I would join a legal protection Insurance and as the discrimination are continuing events then the next time the request goes in that would be covered and then apply.

 

I would carefully look at the terms and conditions though to ensure that the event is covered. The history would all be relevant in evidence. Be careful discrimination issues generally are only covered in employment disputes.