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Help please - disability discrimination

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  • #1

    Help please - disability discrimination

    Hi all,

    I need some advice please, I've been diagnosed with osteoarthritis in the right knee in May and I told by boss in June. I have a very manual job distributing A4 paper, plotter rolls and filling up plotters and photocopiers on a daily basis. I had a discussion with Hr about reasonable adjustments told there wasn't any so I asked for a reduction in workload and an adjustment of performance expectations but this hasn't been accepted. I've now had my appraisal where I was told I wasn't meeting expectations. Also in the background I put a grievance in for bullying from this one boss I also did a diary and the company upheld three instances of bullying but want to discipline me for standing up to him and saying I wasn't going to be bullied anymore during a zoom call with other employees.

    I don't know what to do I haven't had much sleep and now been diagnosed with high blood pressure along with my arthritis its affecting me mentally and physically.

    Where should I go from here?
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  • #2
    I would suggest that you ask your employer to arrange an occupational health appointment for you to assess your ability to carry out your job.

    Have you received formal notification of a disciplinary hearing?


    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.

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    • #3
      Hi ULA thanks for getting back to me
      , yes had the occ health assessment said I'm covered by disability discrimination but hr have refused to make an adjustment to my workload. They want to take neproxen but because of my high blood pressure doctor won't prescribe it..

      Yes I did they upheld 3 parts of grievance for bullying but not disability discrimination siting that I played in a charity football match before I was officially diagnosed.
      ​​​​

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      • #4
        I've just read my occ health assessment again and it says they need to reduce my workload and this hasn't happened if anything it's increased.

        Comment

        • #5
          According to a Google of the Arthritis Foundation website they state that "While you may worry that exercising with osteoarthritis (OA) could harm your joints and cause more pain, research shows that people can and should exercise when they have osteoarthritis. In fact, exercise is considered the most effective, non-drug treatment for reducing pain and improving movement in patients with osteoarthritis."

          I wonder whether your employer could be considering that under the Equality Act 2010 (EqA), for a disability to be defined as such, it needs to have a long term substantial adverse effect on your ability to carry out normal day to day activities. This is is typically seen to be for at least 12 months or more and they may be considering the starting point is from June when you informed them of your diagnosis. However you do not have to reach the 12 month point as it is a condition that will affect you or is likely to affect you for at least 12 months.

          They also probably believe that being able to play football is not a demonstration of a condition that adversely effects your ability to carry out normal day to day activities.

          Was there a follow-up meeting with you to discuss the OH report and what reasonable adjustment/s the company was going to put in place based on the recommendations and if not why not? This should have happened.

          If it did not then I suggest you formally write to ask for the meeting to take place. If it did take place and nothing has happened then again write and ask for a review meeting.

          It may also be worth getting a GPs report on your condition.




          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.

          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.


          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page
          • 1 thank

          Comment

          • #6
            Yeah I understand where you're coming from however i struggled to play in the match and had support on both knees and was crippled for 48 hours afterwards and this occurred before I was diagnosed.

            Yes I had the discussion with hr and they couldn't find reasonable adjustments only focusing on medication which I couldn't take because of my high blood pressure, in that time my bosses have noticeably increased my workload.

            Comment

            • #7
              I cannot find from your posts as to when you had the discussion with HR.

              I suggest that if this was some months ago that you need to initiate a further meeting but in advance of this if you can provide a medical report from your GP or consultant (the latter would be better) on your current diagnosis and prognosis that would potentially be helpful to that meeting.

              Can you also confirm when you put in your grievance for disability discrimination and when you received the outcome?


              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.

              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.


              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment

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