Can I defend myself with the disability act?

[Moohound70]

Re: Can I defend myself with the disability act?

They suggested I used a normal mask when pouring formaldehyde from one container to another, or to get someone else to do it, I don't know how that is supposed to work when I am the only one available. Formaldehyde doesn't seem to affect me anyway even though it is a known respiratory irritant.

They were more concerned whether it was industrial asthma, as I was newly diagnosed I didn't really know what I was sensitive to at the time.

I have since found that diathermy smoke, plaster of Paris dust, Chlorhexadine alcohol spray (a skin disinfectant) , Opsite spray( a spray on wound dressing) all trigger symptoms, as do aerosol deodorants used in the changing rooms, my colleagues know this and wait until I have gone.

I definitely have more symptoms at work than I do at home.

Use of smoke extractors (which are a bit noisy but not prohibitively expensive) would help, and a few surgeons insist on them anyway, and we got the machines for free when we bought new electrosurgery devices - we often get things free, then they make money by selling us the consumables that go with them.

When I was off for 2 days with the chest infection, I didn't know I had it, I went to the doctor with exacerbation of asthma. I now have a 'rescue' pack of high dose antibiotics to take as soon as I get any infective symptoms, this was recommended by the chest physician I saw privately.

I don't think changing my hours would help.

I am a bit annoyed today as I asked not to have a student to look after this semester as I am stressed and tired, and my boss agreed to allocate her to another mentor, but she seems to have forgotten and I now have a student. I can do my job safely and effectively but I don't have energy for anything else inside or outside of work at the moment. This process has had a worse effect on my health than my actual disability.

I am going to see the OH counsellor tomorrow, she is reported to be very good.

[mariefab]

Re: Can I defend myself with the disability act?

Dingdingdingding......!
Your manager doesn't know it, but she's done you a couple of favours.
She suggested that you use the Equality Act as a defence at the panel hearing. Well, you're going to attack them with it while appearing to follow this instruction.
Create a new document titled,
'List of employer's name's failures of the duty to make reasonable adjustments, contrary to s.20 of the Equality Act 2010, to date.'
This will be the first of several documents to hand in at the panel hearing. Add this...

As far as I am aware, my employer hasn't conducted an individual risk assessment of respiratory irritants in the workplace or an active consideration of any other appropriate reasonable adjustments.
Some suggestions were made that delegated this responsibility to me, including:
That I used a normal mask when pouring formaldehyde from one container to another, or to get someone else to do it (no-one else is available).
I should take more holidays in autumn/winter.
(Add any others that you remember to this short list)

The start a numbered list with....

1. I asked not to have a student to look after this semester as I am tired, stressed and don't have the energy for additional duties at present.
Now I have a student and no explanation, to date, of why my request was denied.

We'll add others as we come up with them and re-sort them into chronological order when the list is complete.

I was thinking about what your union rep said about the policy being inherently discriminatory. There might be an indirect discrimination claim based on the policy if this is the case. (I'd need to read it first.)

[mariefab]

Re: Can I defend myself with the disability act?

When you see the OH counsellor try to focus on things that can assist you at the hearing, like:

Your initial 8 week absence. It covered severe symtoms, hospitalisations, tests, assessment, diagnosis (of a disability) and the initial treatment regime (and anything else you can remember).
See if you can get her to put in writing that this should be treated as a unique period of disability leave.
The extent to which asthma makes you more susceptible to respiratory infections
How much more time off sick a person with asthma would be expected to need.

Don't go into reasonable adjustments with her at this time. You don't want to give them an opportunity to correct things before the hearing.

[Moohound70]

Re: Can I defend myself with the disability act?

What happened was the policy a few years ago was massively too lenient and certain people used to regularly take 6 months off at a time with little consequences and management the union and the staff agreed it needed to change, as staff were getting hacked off with some peoples behaviour and having to cover for colleagues who repeated did this. As usual for this Trust they went too far the other way and now have a policy that it is really hard to get off once you are on it.

I couldn't figure out how to email myself the policy, the union rep said it was going to be reviewed soon anyway and the union had been working to push for this, the date for review on the policy is 2017 though.

2 more senior theatre staff resigned this week, there will be no one left for the managers to manage soon, I am so fed up with it all I might just resign and join the agency and I'll happily buy my own filter masks they are Ł2 each from Amazon.

Thank you for all your support and patience x

[mariefab]

Re: Can I defend myself with the disability act?

Would copying and pasting the policy work?

It's certainly understandable that you should feel the way you do. After 15 years of service instead of trying to find ways to support you when you are diagnosed with a life-changing disability they apply their policies in a discriminating, punative manner. I'm disgusted on your behalf.

[Moohound70]

Re: Can I defend myself with the disability act?

The OH councillor is a for the stress, anxiety depression and insomnia, it like a talking therapy. She helped a colleague a lot when his wife was in intensive care after brain surgery.

I think my manager has forgotten that I'm going, as she has rostered me in my theatre with someone from another department who does not have the skills to do the big case that is booked for that morning.

[mariefab]

Re: Can I defend myself with the disability act?

Hmm, let's see what happens.
I smell a potential failure to make a reasonable adjustment coming up.
i.e. a failure to permit you to undertake pre-booked and agreed counselling during working hours.

[Moohound70]

Re: Can I defend myself with the disability act?

I think I will have to start the case and my manager will have to take over to let me out at 11:00, we will see.

[Moohound70]

Re: Can I defend myself with the disability act?

Been to counselling found it very helpful and I think I will cope with the panel better if it happens.

I also had a message from the union rep in who had been speaking to HR, and the HR advisor is trying to get the panel cancelled as the 1.5 days around the time my Nana died I had off should have been compassion leave apparently. This is the same HR advisor I sent a copy of the letter suggesting I had been discriminated against.

My Long absence last year fell off the rolling year today, and my attendance is now 97.73%, the trusts target is 96.10%.

[mariefab]

Re: Can I defend myself with the disability act?

Excellent news.
I'm glad that that conselling helps. I hope that you will be seeing her again because this would be a positive long term benefit in this employment.

If the 1.5 day absence is taken out, would that mean the current process shouldn't be triggered?

[Moohound70]

Re: Can I defend myself with the disability act?

I think that is what they are saying, it is not definite yet.

[mariefab]

Re: Can I defend myself with the disability act?

Well it's a positive sign that they are at least looking for a way out of the current situation.

[Moohound70]

Re: Can I defend myself with the disability act?

I am due to see the counsellor again on the 27th, you can have up to 6 session, hopefully I won't need that many.

[Moohound70]

Re: Can I defend myself with the disability act?

I have been sent 2 information packs from HR which I will collect on Friday, looks like the panel is going ahead as planned.

[mariefab]

Re: Can I defend myself with the disability act?

If you like, I could prepare a written defence for you, which you could then amend as you see fit and hand in at the meeting.
It would really help to see the managing sickness absence policy and procedure if you can get hold of a copy.