Disability under the 2010 equalities act

[harleymlb]

Hi,
Can anyone offer me some further advice and guidance from my original posting (Negligence Claim).

I have attended an IHR assessment today with Atos at one of their assessment centres in Bedfordshire.
I am a Prison Officer and have been off work with cubital tunnel syndrome (been suffering since 2006) and recently had an operation (last week) to decompress the nerve to prevent further detioration of my hands (I am going to have surgery to other one the left arm soon).
I have not been informed of the outcome for IHR yet as they are requesting a medical report from my consultant first.
As previously mentioned i have nearly 19 years service and i am currently 47 years old.
Anyway at the assessment for IHR (i am in Classic CSPS pension) the doctor said that i had a disability under the Equalities act.
He also stated that i was not fit for work and there was uncertainty as to when i would be.
As a front line Officer i don't see how my employer could make any reasonable adjusted duties due to the nature of my work role.
Can anyone advise me as to where this might lead for me.
Thanks in advance.

[teaboy2]

Re: Disability under the 2010 equalities act

Is there not front office work you could be assigned? where you would be at a desk!

[miliitant]

Re: Disability under the 2010 equalities act

even being a front line officer

has anybody started to look for another job roll within the prision service, have all avenues been explored

is their a job avaliable that can be adjusted to suit your needs either at your current or different location

it all depends if you want to take ill health retirement.

has it been explain that their are two types of IHR

that is with pension rights, or you may even be able to draw on your pension as well as an IHR PAYMENT

THE OTHER NORMAL PAYMENT FOR IHR CONSISTS OF

34 WEEKS WAGES
12 WEEKS PYLON, PAY IN LIEU OF NOTICE
ANY OUTSTANDING HOLIDAY ENTITLEMENT

it may be slightly different in your case but the trade union would have agreed it in principle

has any of this not been explaind to you yet????

[harleymlb]

Re: Disability under the 2010 equalities act

Is there not front office work you could be assigned? where you would be at a desk!

This might be available as a short term measure, however i am employed as a Prison Officer and my contracutual obligation is to be able to do Control and Restraint as required, also there are a lot of steel cell doors/gates that have to be undone as part of my role.
Even computer based repetative activities contribute to exasperating this condition.

[harleymlb]

Re: Disability under the 2010 equalities act

Hi Militant and thanks for your reply, i have received good advice from you previously in this issue i have.
I would except IHR subject to what i would get from it.
My service would (i guess) be rounded up to 19 years as i am currently at 18 1/2 years service so this would be the calculation point.
As said in my previous post i am employed on the front line, and we (Prison Service) have accepted a revised working practice called "Fair and Sustainable" although my terms and conditions remain unchanged , god help those who join the job from now on!
I have been absent from work now for 7 weeks and my current note expires in jan 2013 although this will probably continue well after this date.This has meant i have not spoken with my POA Rep. At the moment i have not been formaly offered IHR and what with Atos anything might happen!
I was just asking for IAG on what having a disability might mean for me under the 2010 EA. Alternatively i may get dismissed due to medical inefficiency, but i feel IHR would provide a better outcome for me.

[miliitant]

Re: Disability under the 2010 equalities act

To be given IHR is a drastic step, though some employers use it as a way to reduce staff head count with little friction. Royal Mail is a prime example of this practice as their occupational health is ATOS as well. and remember, it is who pays the piper.

an employer should only start to consider IHR if the employee has had six months or more in sick time, most employers use the nine month as a bench mark

medical discharge through capability and IHR are the same thing with the same benefits.

but you have the ultimate decision if they ask you about IHR. Do you accept and go quietly, or do you refuse and end up being dismissed on medical capability and end up going to an employment tribunal for unlawful dismissal

Their will be pressure on you to accept IHR as no employer wants to do reasonable adjusments which may have a dollar price attached to it, no matter what the Equality Act states

[harleymlb]

Re: Disability under the 2010 equalities act

To be given IHR is a drastic step, though some employers use it as a way to reduce staff head count with little friction. Royal Mail is a prime example of this practice as their occupational health is ATOS as well. and remember, it is who pays the piper.

an employer should only start to consider IHR if the employee has had six months or more in sick time, most employers use the nine month as a bench mark

medical discharge through capability and IHR are the same thing with the same benefits.

but you have the ultimate decision if they ask you about IHR. Do you accept and go quietly, or do you refuse and end up being dismissed on medical capability and end up going to an employment tribunal for unlawful dismissal

Their will be pressure on you to accept IHR as no employer wants to do reasonable adjusments which may have a dollar price attached to it, no matter what the Equality Act states

Thanks for the advice on this Militant.