Am I able to request a change of duties?

[dazedndconfussed]

Hello all.

 

A few months ago, I was diagnosed with plantar fasciitis. I'm sure if any of you have had this condition or any knowledge of it, you will appreciate just how painful and debilitating it is. Having this condition, means that standing and walking is extremely painful and on some days is impossible at all and I literally have to crawl on my hands and knees to get about my home. The condition usually takes around 18 months or so to heal. The condition is worsened by standing and walking on hard surfaces.

 

I work for quite a large national company and have done so for over 7 years. The problem however, is my job involves standing and walking for 8 hours a day, 5 days a week and the flooring we have is a very basic, worn carpet with no underlay and as such sits directly on concrete (it's the cheap carpet squares you buy and put together - this has been there for around 6 years). As a result of thi,s I spend most my working day and then in the evening in total agony (some days are better then others but most are very painful).

 

My manager is aware of my condition but hasn't really spoken to me about it or made any suggestions regarding what could be done to help (only me asking him if I could wear black trainers instead of shoes - which he agreed to). If I am off work for 3 periods in any 6 months, then I will receive a verbal warning and if it continues, then it escalates upto and including dismissal. I was off last week and a couple of months before that so if I take any more time off then I will be disciplined. This is something I desperately want to avoid and is why I have been going through literally agony on a daily basis.

 

Okay, There are other duties that I could do but they are currently being done by other members of staff and knowing the politics (i.e. the sniping that goes on behind everyone's back, etc), no one would be very happy to do the work that I am currently doing and me doing theres.

 

Despite working there for the length of time I have, I'm worried about rocking the boat especially in view of the current job market. However, at the same time there seems to be no appreciation of the pain I have to go through whilst others (in a different role) are able to sit on a chair all day.

 

Am I able to request a review of my duties? Would HR at least be obliged to listen to my concerns? Or is the most likely scenario be that I will just have to put up and shut up and if the condition worsens, leave my job (this is something I desperately need to avoid as I have a young family to support).

 

Thanks for any help that you can give.

[honeybee13]

Hello there.

 

Do you think your condition would be classified as a disability? If it is, I believe you could ask for 'reasonable adjustments' under the Equality Act [used to be the DDA].

 

My best, HB

[dazedndconfussed]

Hiya Honeybee.

 

Thanks for your reply.

 

I'm not sure but I don't think it would be classified as a disability. It is something that can affect anyone and does heal (eventually and with plenty of rest)

[lbruk]

The fact it heals does not preclude it being a disability.

 

Answer these 2 questions for me:

Does you illness make it harder for you to do normal day-to-day activities? (ie washing, walking, shopping etc)

Has your illness lasted or is it likely to last for a year or more?

[dazedndconfussed]

Hello Ibruk.

 

Yes, it most definitely has a significant impact on my normal day to day activities. It affects my ability to do my job properly due to the pain (not just the constant walking and standing). I am unable to carry anything as the added weight on my foot is unbearable even though part of my duties expect me to carry heavy tote boxes, the speed at which I am able to complete my tasks has slowed dramatically, etc.

 

It also has a massive impact on home life to. I am unable to walk for long distances, some days my foot is so swollen I am unable to put my trainers on to leave the house. Again, I am unable to carry anything so have to do all my shopping online and have the delivery driver carry the bags to the kitchen for me. As I mentioned, on the days when it is at it's worse, I can put no pressure on it at all and as such literally have to crawl on all fours around my home.

 

I haven't had it for a year or more, 'only' around 4 months (although it already seems a lifetime). However, it is highly likely to be an issue for at least 18 months (this is the timescale based on plenty of rest - which my foot doesn't get unfortunately) but it is possible for it to continue in excess of 5 years, possibly indefinitely.

[lbruk]

OK,

 

well from what you have said there I feel that you would receive protection under the Equality act. Section 20 of the Act states that if a person is at a substantial disadvantage in performing their role, then the employer is required to make "reasonable adjustments"

 

Now the question is - what is reasonable?! And that is something to discuss with your employer. How can they make your role become un-disadvantaged! Simply no-one should be in pain because of their work!

 

I would suggest a trail to be laid out here, because in my experience most employers are rubbish at this next bit. Firstly i would request an "informal chat" with your line manager, simply lay out your problems and ask how they can help you continue to work.

They will probably do nothing!

Secondly, i would suggest requesting a formal "capability meeting" say that under Section 20 of the Equality Act you would like to discuss adjustments to your role as your line manager has done nothing about your previous request. Send this to HR.

 

If still nothing happens - raise a formal grievance and then we'll give you the rest of the Equality Act to throw at them.

 

For more information i have attached the equality human rights guide, this is a great read!

 

Hope that helps.

 

employercode.pdf

[goboy]

I recognised everything in your post, the unwillingness of manager to take you seriously when you approach them for help, my aunt had to wait years for access to work recommendation to be carry out and they only did 5 days before a tribunal hearing for disability discrimination (but that is another story) and she works for a very large multi-national Plc company, not short of money.

 

My aunt says that they do not lime staff getting in access to work as they are very good and I recommended that you get them involved for you to have adjustments made for you. Otherwise you will be out on your ear as large retailers do not like have to make adjustments and would rather get rid of staff and then they can have their pick of people that has no rights for about 2 years and will work free for them that is lots of extra hours without pay. New staff will not get the same contact as you are on. New staff will have to work on Sundays and bank holidays as ordinary working days not enhanced pay for new employees.

 

I would get in contact with your GP and have a chat with him/her about your conditions and look up, if you had for a year and if it continuous then you are classed as disabled. You probably have times when you are OK and times not OK however that is covered under special conditions.

 

But be careful as the manager has told my aunt that they will get her under capabilities...charming like wee scot manager:|

[lbruk]

Everything Goboy has said there is true, except you don't have to have suffered for it for a tear, it just has to be likely to last more than a year.

 

Retailers are the worst, I say that with 16 years experience and 6 of that being a store manager. It is now in their advantage to get rid of long serving staff, even "disabled" staff or the exact reasons Goboy has pointed out. What it unfortunately is a few people to take them all the way to tribunal. Tere are so many reasons not too, stress, being threatened etc etc but the more people that do, the better.

If you need help, then you need help and should ask for it and the employer should help you. Unfortunately it is extremely likely that they will not.

[dazedndconfussed]

Thank you for your reply.

 

It at least gives me some hope that something can be done to at least limit the amount of pain I am in on a day to day basis.

 

I have arranged to have a word in private with my manager tomorrow so hopefully I will have some good news (I'm not totally convinced mind).

[Marianne7]

Perhaps a letter from your GP and/or the consultant treating you would add weight to what you are asking for? They could explain to your company what needs to be avoided and what you can do without causing any more damage to your foot.

[postggj]

plantar fasciitis is covered under the old DDA, now equalities act 2010

as stated by ibruk

 

Does you illness make it harder for you to do normal day-to-day activities? (ie washing, walking, shopping etc)

Has your illness lasted or is it likely to last for a year or more?

 

you state you work for a large multinational company

 

do they have an occupational health provider and have they refered you

 

your condition ref the employers responsibility is covered inder the managemment of health and safety at work regulations 1999

 

your employer needs to do a risk assessmant on you so do you have a health and safety representative

[goboy]

Perhaps a letter from your GP and/or the consultant treating you would add weight to what you are asking for? They could explain to your company what needs to be avoided and what you can do without causing any more damage to your foot.

My poor aunt GP sent the managers of her so called wonderful high street retailer letters on her behalf nothing was done. Even her company own OH told them years ago that she had underlying ill health but nothing happened.

 

The company did not believe anything and it was up to the tribunal to decide whether she was disabled and that was after all her medical reports from GP had been sent to the company. That is how bad it has become and it is going to get worse.

 

My aunt is getting sever disability allowance but apparently working is a different assessment for employment. :sad:

Edited June 26, 2012 by goboy

[dazedndconfussed]

Hi Squaddie.

 

The company I work for isn't multinational but has a few hundred branches throughout England and Wales. I honestly don't know if we have an occupation health provider.

 

I mentioned to my manager a couple of weeks ago that a risk assessment would need to be done, he contacted HR and they had no idea what he was on about and sent him a risk assessment form for the equipment we use in work (last time I checked I wasn't a step ladder). Anyway, this morning I asked him if he had contacted them again about it not being the right form and he said he was waiting for them to ring him back.

[stu007]

Hi dazed

 

Thats classic there HR dont know what a risk assessment is for mmmmm let me see Health & Safety and Fire Risk Assessment if you work on your own Lone Working Risk Assessment oh I could go on.

 

Well play them at there own game so to speak and request the following document (Not whats in a Staff/Employee Handbook as this may be a shortened version you want full unedited version. When you get them always check the Date Approved and importantly the Next Review Date - This so companies are lax at and it could be out of date for some time so you use that to your advantage)

 

1. Disciplinary & Grievance Policy and Procedure. (You want both)

2. Health and Safety Policy and Procedure. (You want both)

3. Health and Well Being Policy and Procedure. (You want both)

4. Sickness Policy and Procedure. (You want both)

5. Reasonable Adjustments Policy and Procedure. (You want both)

 

I would definitely advise speaking with your Consultant (if you have one) and explain to the your circumstances and if they could do a letter for you about reasonable adjustment if required as a Consultants letter adds has more puch behind it so to speak than a GP letter.

[postggj]

so they do not have risk assessmants

 

what about a women who is pregnant for example and works up to her maternity leave

a women tends to get rather big during the latter stage of pregnancy and require regular risk assessmants

 

all offices/business need a safe systems of work on all poss exposure to employees health and safety and the risk assessmants that go with them need to be updated or inspected every year by law

 

if an employee returns from a sick absence, the employer has to do a risk assessmant on the employee to rule out putting the employee in further harm. this is normally done by a back to work interview

 

coughs and colds a manager can deal with but for more serious such as broken bones,surgical, or poss equality act issues the employers own occupational health would do a report

 

you employer is breaking so many regulations

 

you need to ask your manager to refer you to an occupational health therapist

 

do it in writing for a paper trail

 

you mention your company is not multinational but has a few hundred branches

 

then it is prob part of a larger group

[goboy]

so they do not have risk assessmants

 

what about a women who is pregnant for example and works up to her maternity leave

a women tends to get rather big during the latter stage of pregnancy and require regular risk assessmants

 

all offices/business need a safe systems of work on all poss exposure to employees health and safety and the risk assessmants that go with them need to be updated or inspected every year by law

 

if an employee returns from a sick absence, the employer has to do a risk assessmant on the employee to rule out putting the employee in further harm. this is normally done by a back to work interview

 

coughs and colds a manager can deal with but for more serious such as broken bones,surgical, or poss equality act issues the employers own occupational health would do a report

 

you employer is breaking so many regulations

 

you need to ask your manager to refer you to an occupational health therapist

 

do it in writing for a paper trail

 

you mention your company is not multinational but has a few hundred branches

 

then it is prob part of a larger group

 

I do not know about the OP but where my aunt works it appear after a retune to work interview the manager could not care less about disabilities they will make it more difficult for the staff because they have taken time off work and give more work to do. They do not care about broken bone as my aunt was on crutches and they told to stand up behind a counter without them and no support put in place for her.

 

Big multi-national stores have many different managers and they do not always talk to each other and will not look at staff PI file and that is where it breaks down, no communication between mangers regarding disabilities and probably no concern either because manager come and go very quickly in badly managed stores. The bigger they are the worse they are.....

[dazedndconfussed]

Okay, I finally had my chat with my Manager today.

 

She was pretty good in fairness. She recognised that there was an issue and agreed that I could change my role to another one (which involves alot less walking / standing) but this isn't going to be possible for a month so for the time being it is shut up and put up. However, she has stated that in my new role, I would be required to carry heavy boxes of items and file them accordingly. I explained that most days this isn't possible due to the pain but she just insisted it was a requirement of the role.

 

I have also been in contact with my HR department and they have informed me that they do not have an Occupational Health Provider and all risk assessments are done in store (besides pregnant women as there is a dedicated form). They are asking for information relating to my condition from my G.P. and am happy to provide this but the gentleman I spoke to stated that, as they read on a medical website that the 'Most people have completely recovered from an episode of plantar fasciitis within a year' then this condition wouldn't be covered under the Disability Discrimination Act (Equality Act).

[Nystagmite]

Get your GP to issue a fit note if this hasn't been done. Your GP should be able to state that you need these adjustments.

[Emmzzi]

If you ar leaving anyway if it doesn't get sorted, called the HSE anonymously.

 

Otherwise I don't know what to suggest! Volunteer to train as the safety rep as they don't seem to know what is required?

[dazedndconfussed]

Hiya.

 

No, Im not planning on leaving. Ive worked hard to be qualified and enjoy my job and after 7 years that says alot.

 

All I want is not be be in agony on a day to day basis.....some help from my employer to achive this.

[lbruk]

I think that is a very poor attitude of the company you work for.

 

The fact that "most" episodes of your affliction do not last a year and therefore isn't covered by the Equality Act is nonsense. You could say that most cases of depression don't last a year - but for some people they do and for some they last an awful lot longer. Depression is considered under the Equality act. So that's a rubbish argument from them.

[Emmzzi]

what would happen if you got signed off until you were fully recovered?

[dazedndconfussed]

Hiya Emmzzi.

 

The trouble is, everyones Planter Fisciitis is different so there's no telling how long I would have to be off for (some people have it for years, even indefinitely).

 

So, if I was to go off, I would get a written warning (due to 3 periods of sick in a 6 month period). I would receive full pay for 2 months then would have to claim SSP. After that, I'm not really sure what the company would do. However, if I could afford to be off work then I would take some time but with a young family to look after, SSP, etc really isn't an option - they are the reason I put myself through what I go through on a daily basis.

[Emmzzi]

sorry hon

 

Probably best to look for an office job I guess.

[goboy]

sorry hon

 

Probably best to look for an office job I guess.

 

It is not so easy to get another job if you are young health, but it is impossible in todays clement if you got a disability. These employers know this and that is why they just do not care about health and safety or how staff are suffering. I think these high street multinational retailers should employ robots that they can wind up and give them instructions and they will work nonstop until it needs winding up again. Just think, no maintenance, sick or holiday and the robots can be programmed to smile and say to customers have a good day and give us your money for charity as we care about disabled people…what a joke that one is…..