When should employers consider DDA

[papasmurf1cx]

If the only criteria for ill health retirement is that you never work again, I can assure you you won't get it!!! They and the authorities will never write anyone off at such a young age. One could be a quad amputee and they would say you could talk and so work in a call centre!!! Don't count on getting the pension. I suspect they are setting you up (I read some of your other posts elsewhere). I believe in the employer taking the actions that discontinue work. That way at least you have an argument. Volunteer and you have thrown in the towel.

 

Holding fire on PI claims is risky as the clock is ticking on liability. There is a 3 year limit on for the start of proceedings from when the problem first came to light. Seeing as you have had an existing problem that may be in your employers benefit the longer it goes on. Seek independent legal advice on this asap as you cannot rely on the union to pay for outside solicitors. They are in to maximising their own coffers from your problem (and those of their members).

 

What branch of the civil service are you?

[siriusb]

I work under the umbrella of the Home Office for UKBA

 

The whole thing makes me really sad because I used to be really pro-active in my job, and all my managers say I am a good worker and get stuck in. The problem is that I have had to stop taking certain pain-killers as they made it really hard for me to think clearly. Now I can just about function but require help with certain things because the pain is very severe.

 

I have had various Occ Health referrals since 2006 - mainly to do with my back injury.

 

Bit stuck really. Know I am buggered up in heaps. Reluctant to have surgery due to risks attached. Employers just want to get rid of me (natural wastage would help them in their quest to reduce staffing level).

 

Life is very much an existence rather than living.

 

Can't think of any job that will allow me to lay down when I need to.

 

Take on board what you have said about personal injury issue.

 

Do appreciate your input.

 

Hx

[siriusb]

Long story short...

 

...unable to take certain painkillers for back condition so am in constant pain (still taking 5 other meds to control pain to some extent). Back condition likely to fall under DDA. Job is very physical. Basically how I am now is how I am likely to be for good. Have been turning into work as Union have advised it is up to employer to find another suitable role for me. However employer has been sending me home as I am not fit to carry out duties and as such am 'sick'.

 

Have already sent an email to line manager and his manager asking if the can think of any suitable role.

 

Based on a reply to another post I am wondering if this is my employer being sneaky as within the next 7 days 'sick' I will lose my shift pay, and then if I do get medically severed the pay out will be based on the lower amount.

 

So what it boils down to is should I continue to turn in for work even though my back condition means I cannot do any of my current duties, or do I just accept I am 'sick' in the eyes of the dept?

 

Just trying to do the right thing.

 

Hx

[meekmeek]

if its a physical job ie a builder do they have lorry drivers for supplies to the site

fortlift drivers

foremen

supervisors

night security for site

office workers - admin department

crane controller

supplies ordering-inventory manager/assistant

 

just a warning to you they wont just give you another job purely on the fact that your already an employee. You have to show some capability of doing the job available

 

i see where your coming from where you dont want to be classed as disabled and be stuck at home as you, when not in pain had a very active life

 

some tips for you

so far attempting to go into work is indeed great and helping you and the business by showing loyalty at this current moment you are getting paid so use the time wisely volunteer just to help out with any task available

even licking stamps or just turning up for an hour to cover the foreman /site managers lunch after all your getting paid so it doesnt cost them more to have an extra hand

 

the aim for this is not only keeping you active but also while doing these other tasks you may pick up some skills or learn the ropes of a different department

 

if there are no job vacancies in a few weeks time when their sick period ends you ofcourse have ssp which is paid by government so if you still adiment you dont want to sign on as disabled then use the time to top up some skills to atleast expand c.v and to ensure your boss writes a glowing reference if redundancy comes on the table

 

use this time to seek other employment ask manager about list of suppliers and look into being delivery driver for his suppliers or seek support. The more active you are and showing willingness to try always helps for not only the obvious reasons but for reasons you never think of

 

ask the boss what courses are needed for a fortlift licence or crane operator or whatever you feel you can do with some training

 

you would be surprised that there are more roles in a business then you see just doing your job

as you can tell by the builders example its more then just brick layers so volunteer just to help out a little in each department even if it just an hour a day for lunch cover and you might even see the company is lacking something which is reducing efficiency or cost company money and ask manager if it possible to make a whole new role for you to fill to increase company efficiency in the area you spotted that needs support

 

worse case if you have to sign on to disability dont also sign onto jobseekers but sign onto ESA instead they offer soooooooo much more services then JSA and can help with funding with retraining and just their whole attitude is soo much different when looking for suitable jobs

 

goodluck

Edited December 27, 2010 by meekmeek

[Mash It Up Harry]

Long story short...

 

...unable to take certain painkillers for back condition so am in constant pain (still taking 5 other meds to control pain to some extent). Back condition likely to fall under DDA. Job is very physical. Basically how I am now is how I am likely to be for good. Have been turning into work as Union have advised it is up to employer to find another suitable role for me. However employer has been sending me home as I am not fit to carry out duties and as such am 'sick'.

 

Have already sent an email to line manager and his manager asking if the can think of any suitable role.

 

Based on a reply to another post I am wondering if this is my employer being sneaky as within the next 7 days 'sick' I will lose my shift pay, and then if I do get medically severed the pay out will be based on the lower amount.

 

So what it boils down to is should I continue to turn in for work even though my back condition means I cannot do any of my current duties, or do I just accept I am 'sick' in the eyes of the dept?

 

Just trying to do the right thing.

 

Hx

 

Back conditions are not automatically covered under the DDA. I don't see the point in turning up for work each day if you are not fit enough to carry out your duties. Your employers are doing nothing wrong in turning you away. They are not legally obliged to find you alternative work, however they should consider you if they happen to have any other vacancies.

 

As for your employers being 'sneaky' - this is far from the case. Any medical severence (in my experience) would not includ any shift allowances/bonuses etc in any severence pay anyway.

 

There is no point turning up for work you can't do. Perhaps it would be more constructive to see if there is any way you could carry out your job with maybe changes to the work environment (ie lifting equipment etc) or perhaps return to your doctor to see if theres any alternative to the treatment you are receiving?

 

Have you been to see your employer's doctors yet? If so, what was the result?

[siriusb]

I realize back conditions are not automatically covered by DDA and was merely quoting what was said by the Occ Health doc back in August.

 

I do feel stupid turning up. It was a Union rep who advised me that the dept were required to look at reasonable adjustments - in this case an area where I could work. Sadly I am at the point where I can only stand for 5-10 mins, sitting makes my legs go numb, followed by terrific pain on trying to stand. My normal work involves bending, lifting, twisting etc with heavy loads on the majority of occasions.

 

Maybe I am being a bit paranoid when I say sneaky but it comes from poor treatment since my initial injury in 2006. The staff handbook says that medical severance pay is calculated on reckonable earning - in my case half of my wages come from shift pay. So I just thought that may be part of the reason why they are so keen for me to stay off sick.

 

Been trying to do the right thing but no longer sure what the right thing is.

[siriusb]

Sorry - forgot to say that Occ Health said to avoid standing or sitting for long periods. Also not to do heavy lifting, or bending. Unfortunately due to the nature of my job lifting equipment could not be introduced.

 

Since my last Occ Health referral I have had an accident at work which has left me with a great deal more pain. I am being treated by specialist through the NHS.

[papasmurf1cx]

Hi

 

Might be better if you kept the various threads you have created together under one thread, people get confused jumping around the place. I will ask the Mods to merge them.

[maroondevo52]

Threads merged, siriusb please continue to post here with regards to these issues.

 

Thanks.

 

Scott.

[Roblynmouth]

Hi

I worked for the Civil service, and my best advise is to get in their face over this. Use a wheelchair instead of sticks if you can, even think about buying one? Put the emphases on them to respond that for you to point out, The DDA95 is about them making adjustments to you not you making adjustments for them

And don't forget to take that Computer test about Display Screen Activity every time you change work stations. I found that my team manager was just a great big lair when it came to recall over these issues but she got caught out because I had done the DSA

Unfortunately have to say that UNISON hate Disability Cases, and will try and avoid any support if they can

[siriusb]

Sorry if I wasn't posting correctly - just trying to keep issues seperate.

 

Roblynmouth I am not at the stage of needing a wheelchair but I think I am going to have to get myself a stick for when pain makes one or other leg give way.

 

I can't do so many things now, not only in my professional life but in my private life too.

 

I am hoping to see my Union rep (PCS) this week. Hoping he will come to my house so I can lie down as sitting for what is likely to be a long meeting will bugg*r me up for days.

 

I don't know what computer test you mean... what does it do?

 

Hx

[Roblynmouth]

Hi

Its a program that is part of your e-learning [i can only speak from JCP experience] however i assume that it is Civil servant wide? If you dont use that what do you use to do your display screen assessments?

 

Are you sure you dont need a wheelchair really really sure? Don't forget its your opinion that determines if you need a wheelchair you don't need permission from your team leader? Moreover its a physical pressence that concentrates the mind:-D

[papasmurf1cx]

Have you done the following:

 

Applied to register your injuries as Industrial Injuries with the DWP?

 

Applied for DLA?

 

Considered applying for Carer's Allowance for anyone that provides you with assistance?

 

Rang your local Social Services to register your disability and to see if any assistance by way of aids and appliances are applicable?

This may butt into referral to your local wheelchair service should it ever become necessary (although it does seem that sitting for long times causes you problems so may not be applicable)

 

Considered applying for a Blue Badge if you ability to walk any distance is affected? You may need the assistance of your GP to get this as your lack of mobility is dependent on the x-rays etc.

 

I am unsure why you are reluctant on undergoing the operation that could solve your problems, can you explain?

[siriusb]

I have applied for a Blue Badge. I didn't know about some of the other things. I will certainly look into them. I didn't know about registering the injuries with the DWP.

 

The operation has a 60% success rate. I have spoken to quite a few people who have had the op, and in none of them has it significantly resolved the problem, 6 have gone on to other ops due to significant enduring problems. When I saw a consultant back in 2008, when I was reasonably mobile, even he explained that the operations could lead to certain other problems - possible nerve damage etc.

 

I am not 100% against having it but I am certainly reluctant and see it as an absolute last resort - a decision echoed by every medical professional I have seen. The recovery period is lengthy and I do not believe my employers will look favourably on me being off work for around 12 weeks with no guarentee of success. Most off all if I do have it I would like to be able to recover at my own pace rather than being constantly harrassed.

 

I will certainly look into those other things (except the wheelchair which would make me worse) and I appreciate your help. Thank-you.

 

Hx

[siriusb]

Little bit of an update...

 

I'll keep it brief.

 

My Union rep thinks it unlikely I will qualify for ill-health retirement as there is a possibiity my back may improve after surgery (on the assumption I would have surgery). He thinks the DDA aspect should have kicked in from 2008 at the latest as that is when the dept had access to a scan report that basically said my back was buggered. However it appears my medical notes have never been requested at any of the OH referrals I have since 2006 - I have had 3 since scan in 2008. It is this scan result that I took to last meeting when the Doc said DDA likely to apply. Main issue this raises is dept failure to make reasonable adjustments that have been recommended since 2006.

Annnyyyway... he asked me what I wanted to do (as I am now on long-term sick). Just basically want to be allowed to improve as much as I can health-wise. He said dept could consider dismissal 'with compensation' - whereby I would get a sum of money. On lots of painkillers so didn't ask much about this - but he said he would get an 'informal' figure. Does anyone have any knowledge or experience of this?

 

On top of all this I have put in grievances about 1) threatened dismissal since March '10 2) Previous line managers failings and indiscretions 3) time taken to get PPE footwear AND a personal injury claim for a slip in the toilets due to wet floor, broken light, worn out PPE footwear and incorrectly placed sign.

 

It's all a bit stressful - but know I am doing the right thing.

 

Hx

[Mash It Up Harry]

Little bit of an update...

 

I'll keep it brief.

 

My Union rep thinks it unlikely I will qualify for ill-health retirement as there is a possibiity my back may improve after surgery (on the assumption I would have surgery). He thinks the DDA aspect should have kicked in from 2008 at the latest as that is when the dept had access to a scan report that basically said my back was buggered. However it appears my medical notes have never been requested at any of the OH referrals I have since 2006 - I have had 3 since scan in 2008. It is this scan result that I took to last meeting when the Doc said DDA likely to apply. Main issue this raises is dept failure to make reasonable adjustments that have been recommended since 2006.

Annnyyyway... he asked me what I wanted to do (as I am now on long-term sick). Just basically want to be allowed to improve as much as I can health-wise. He said dept could consider dismissal 'with compensation' - whereby I would get a sum of money. On lots of painkillers so didn't ask much about this - but he said he would get an 'informal' figure. Does anyone have any knowledge or experience of this?

 

On top of all this I have put in grievances about 1) threatened dismissal since March '10 2) Previous line managers failings and indiscretions 3) time taken to get PPE footwear AND a personal injury claim for a slip in the toilets due to wet floor, broken light, worn out PPE footwear and incorrectly placed sign.

 

It's all a bit stressful - but know I am doing the right thing.

 

Hx

 

It's possible your union rep was talking about a compromise agreement. If it is this, the amount paid can be determined by length of service. Some employers would include shift allowance etc. A lot of employers have now tightened up how they deal with medical capability severence to the point it's virtually impossible to get an employer to agree this (in my experience that is).

 

If it is a compromise agreement, this could be the best possible result. However, it's not to be rushed into as normally, a lot of employers will look to include a clause that bars you from taking further action against them for the personal injury side of it. I don't know if this is relevent in your case, if it's not & it is a compromise agreement they are offereing, this could be the best way to go (if you have no chance of returning to your role that is).

[SarEl]

If there is a compromise agreement (and I am not certain that this is actually what is being discussed here) then the norm would be that it not include personal injury unless it is specifically compromising a personal injury claim (this is because often personal injury claims arise several years after employment has finished and may not be known about at the time of termination - think "industrial disease" claims). But any such agreement would have to be examined by your unions legal staff (or someone qualified to do so), so you would be able to question all the clauses in some detail befoe you agreed it, if you wanted to do so. However, I believe this is a civil service employer, and as such there are other more likely options, such a termination on capability grounds (which often includes an element of "compensation"). In any event you should really be making sure that your union explains the full terms to you.

[siriusb]

Hi all,

 

Yes, it's still rolling on with no real further info and no end in sight.

 

I have found out that it was my former line manager (the person whom I specifically said I had concerns over confidentiality and accurancy) who has completed another OH referral for me. Am really upset by this as I know they will have discussed quite personal things with other colleagues when I specifically asked for it to remain confidential.

I briefly saw the Union chap who says he has spoken about a compensation figure with the relevant manager if they move for dismissal. Does anyone know about this process and what kind of figure I could expect (I work under the Home Office umbrella).

Although I requested Ill-health retirement they haven't as yet sent me the paperwork they should have. The guidance said it should be done promptly.

The Union rep hasn't given me the paperwork to file a pesonal injury claim.

 

I feel like no-one is taking this seriously, and I end up feeling like a nuisance when I try to contact anyone to discuss it.

 

Any thoughts/advice?

 

Hx

[SarEl]

I am afraid that at this stage it is a case of waiting and seeing what they say. Circumsatnces differ depending on circumstances, and it would be impossible to guess what may be in play. Sorry

[papasmurf1cx]

Don't know if this helps http://www.civilservice.gov.uk/my-civil-service/pensions/index.aspx

 

It was a link from the Borders Agency web site.

[honeybee13]

Hello again. If you're expecting pension papers, I imagine they've been requested from a separate department. If they're having to provide figures specifically for you, that would slow it up.

 

My best, HB

[siriusb]

Hello all,

 

I have been off work 2 months after my line manager told me to go home and come back when I was better. I won't be back to full strenght until after an operation which may not happen until July.

 

However I am on less medication (one of my line managers main concerns) and am more mobile after not aggreavating (sp?)my injury

 

I am going bonkers being off work doing nothing and after a chat with my physio he feels I could go back to work in a reduced capacity. There is a role within my team I could carry out so it is not as if a role would need to be created for me. I rang my Union rep to discuss it wth him yesterday, and twenty minutes after I told him he called back to say he and a senior manager would come round to see me this morning.

 

I am bricking it. I think the senior manager will be saying I can't come back until after my op but surely it is my GP who will say what I am 'fit' to do? It was work who told me not to come to work til I was better but I can do some stuff now whereas in December I coulod barely walk.

 

Am anxious as if they say I can't go back I will be stuffed financially. It has been tough the last couple of months.

 

Sorry, waffling. Can my manger make the decision that I cannot return to work, or does my GP have to make that decision?

 

Hx

[honeybee13]

Hello there. I don't have any answers for you atm, you need one of our legally minded people. It may not be as bad as you fear. It may be a senior director because they have a duty of care towards you, or maybe health and safety concerns, who knows.

 

If they do talk about you not going back, then I would want to know what financial provision there would be for you and if they have an insurance policy for people unable to work through ill-health. You don't say if they're paying you or not, unless I missed something, I guess this will be a concern for you.

 

HB x

[siriusb]

Hi,

 

It would be nice if it were duty of care but sadly this company hasn't really bothered about my welfare due to my injury for the last five years, and they only sent me home in December as I had been prescribed morphine to help with the pain. This was just for a brief period.

 

I have been paid but have lost my shift pay which makes up a significant proportion of my wage, and in another 6 weeks I will go onto half basic pay.

 

The fly in the ointment is that the physio doesn't think I will be able to go back to my previous, rather physical job after surgery. As I don't know when the surgery will be I just want to do as much as I can.

 

Never heen visited by senior manager before

[honeybee13]

Hello again. This may or may not be relevant, but was your injury sustained at work?

 

My best, HB