Employment Law advice please

urban_spirit · 2 July 2006 at 7:55PM

Hi All

Please can you help? I have a disability and am in the middle of being moved to another place of work on medical advice.

I have worked at the new location offered before (before I had a disability) and i'm scared to go back. Its an incredibly stressful and violent place, but for the moment i'm supposed to be in the background.

When I workd there before I was physically threatened on a number of occasions going into and coming out of work (standing right infront of me shouting and losing their tempers). I was really shaken each time and reported the incidents - including a taxi locking its doors and the driver threatening what he could do and no-one will find out.
Now I have a disability, I am very weak most days and use a walking stick. Stress severly affects my condition causing relapse (takes 10-12 months to recover) and the thought of working back there is aggrivating my condition quite badly. As a healthy person this scared me, now it terrifies me.

I want to walk away from this but have not found another job so far. I have to speak to work about this tomorrow - the person dealing with this has Doctors and Consultants report about my condition is ignoring these. I have asked to speak to someone else but I fall under this persons remit.

Does this fall under any law (eg health and safety)? Is there any protection from this situation under employment law?

My disability is covered under the DDA. Any help or advice would be greatly appreciated, i'm very, very worried.

Many thanks.

seven-day-weekend · 2 July 2006 at 8:07PM

Your company has a duty of care towards you and as far as I know have to find you a suitable job (or dismiss you if they haven't got one).

I think I'm right, but hopefully someone will come along shortly who knows more.

bobsa1 · 2 July 2006 at 8:12PM

You are right that the company has a duty of care and under the DDA act they should offer you alternative work (which I think they have done) and give you the help and support, including suitable adaptations, to do the job.

If your work is going to be stressful, and there is nothing your employers can do about this, because it is a stressful occupation( I work in LA Housing and by it's very nature it is stressful) you can ask to be moved to another post.

If another post is not available they have to explain why and then dismiss you (I think) they do have a duty however to accomodate your disability where it is possible to do so.

urban_spirit · 2 July 2006 at 8:28PM

Thanks for the advice - and so quickly, thank you.

Does the duty of care apply even outside work? Or is it a general dury of care as i'm an employee?? (If you see what I mean)

I work for the civil service. There is another place of work near me which I have asked the person dealing with my move to look at placing me as I know it would be the better one for me, but they will not look at it as I hadnt written it on the application I had to fill in for the move*. As i'd been off for a considerable amount of time there had been changes internally and I didnt know this was the office I had to name. The type of move it is, I will be moved regardless of if there are vacancies or not.

*The place of work they are offering me is also notwritten on the apllication I filled in.

I'm trying to be as un-jumbled as possible, my stomach is flipping so much. Sorry if its not making sense.

MAny thanks.

bobsa1 · 2 July 2006 at 8:33PM

They have a general duty of care and this would cover you leaving or arriving at work.

If you are not happy with the person dealing with your case ask (in writing) for a change of case worker.

Explain that you did not understand the form and what was required of you and then see if there is anything they can do.

Be certain what you want to achieve but be realistic as well. If I was you I would not walk away from a civil service job as they are more likely to accomodate your needs than a smaller employer.

Best of luck

seven-day-weekend · 2 July 2006 at 9:06PM

Are you in a Union? If so, they may be able to help. Also in an organisation like the Civil Service, get the Ocuupational Health section involved.

I agree not to walk away from the Civil Service, you are more likely to be able to find a suitable post there than in the private sector.

urban_spirit · 2 July 2006 at 9:21PM

Thanks again for your help.

I have explained the reason why the wrong workplaces were put on the form and asked for another person to deali with this - the first is not being listened to and the second, there are only 2 people that deal with these qieries so my case cant be moved.

Have a report from OHS which backs up all other medical evidence. Union are involved but have told me to stop fighting the system cos I wont win. Union cant get the head around the disability aspect of my case.

I'm being honest with myself and expectations and I am honestly a fair person. I dont want the perfect job for me, cos I know that doesnt exist. I would just like a job I can sustain, and that wont make me ill for most of a year. I despair.

Many thanks for your help.

CIS · 2 July 2006 at 9:53PM

The best bet is to ask for the case to be referred to the HR manager to be reviewed - I would also ask to speak personnaly to the current head of your office (HEO/SEO/G grade etc etc) and put pressur eon them to help you.

urban_spirit · 2 July 2006 at 10:33PM

Thanks for that CIS. I have asked for a HR manager to look at it but they said they dont deal with this, its down to this person dealing with my case. It may be because HR is so fragmented in different parts of the country dealing with different things.

The head of my office is the other reason why I am moving departments! She does not like people having a disability, to the point where she hounded a colleague until he resigned and another who is off long term sick. I've learnt recently she's known for this. She refuses to believe I have a health condition despite all the medical evidence and me attending hospital since September last year.

These replies appear like i'm being obstructive and pessimistic. I've taken a step back from my situation in the odd moment of clarity after histeria has lulled, and done what I think would be logical or what i'd advise my staff to do. I very definately welcome all the advice and help - again, many thanks.

If I had another means of income i'd walk away in a second even if it means losing all my years of service. I'm trying to find a balance of being well enough to work, and being a productive member of staff when working.

Again, many thanks. I welcome all your advice and help.

(p.s. any jobs anywhere??

)

bobsa1 · 2 July 2006 at 10:36PM

One final suggestion, can you "apply" for another job within the Civil service. As an applicant with a disability you are guaranteed an interview and very likely to get the job.

Don't know if it's an option but you would then be making a positive decision

urban_spirit · 2 July 2006 at 11:14PM

Thanks for that bobsa1. Thought about that and have been looking for vacancies but civil service is shedding jobs due to the budget announcement either last year or the one before. I've kept looking but the only vacancies that have come up around where I live are the public facing ones that are incredibly stressful.

I am trying to think of as many ways to solve this, but either finding brickwalls or circles. Told them to make me redundant but there are no redundancies due to cost cutting. Hence me wanting to walk away.

Many thanks for your help and suggestions, very much appreciated.

Employment Law advice please

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