Breach of DDA maybe?

Gavhough

I am a 29 year old male. Up untill 5 months ago was perfectly able bodied. Have recently been confirned with MS. I am in full time employment and upon returning to work after 3 months off due to a serious relapse, I have been told i cannot continue with my job as a Fork Lift Truck driver as i am a health and safety risk! I have been CLEARED by occupational health on 2 occasions to return to normal duties. On my return to work fit note. my doctor suggested a phased return, minimal prolonged standing and walking. At first they gave me a clerical job to settle back in. They are now going against occ health and still saying i cannot operate a FLT i am now stood up for 8 hours a day and it is crippling me! (they classed the office job as a resonable adjustment) Anyone clued up un the DDA/Equalities act??

dmg24

Have they done a risk assessment?

Gavhough

Not as far as i am aware no! They are asking for proof from the DVLA that i can drive a car! When i called to enquire with the DVLA, if my doctor says i am ok to drive then i can continue whilst they are assessing my case which could take 4 months!

dmg24

You need to ask for a risk assessment, although it sounds like the DVLA info request is part of this. Health and safety *usually* overrides the DDA, if it is a H&S concern.

Gavhough

The DVLA Info has never been brought into it until I slipped it into conversation that I had enquired about driving whilst awaiting verdict. I feel that because it can take upto four months they are taking advantage of this timeframe! Who gave h & s their medical expertise???

kurgon

Health and Safety is more concerned about the risk you pose to yourself (eg gettig out in case of fire) unless you are a very obvious risk to others. If Occ Health have cleared ou to return then I would be seeing this as a very clear example of DD. Try to access more support in your local area. It used to be the racial equality commision that addressed all of these issues but I think this has been disbanded now. Google for organisations locally that offer support for discrimination.

hrafndot

Would this be something the Disability Law Service could assess?

• The Disability Law Service

because the variance of a contract of employment could be looked at in a number of ways in law. I think you could put the case to them initially by email.

Brassedoff

Did they give you a return to work interview?

When did you mention that you were a possible risk with respect of losing your license?

As an employer, I could argue a phased return is driving a desk until you are fully fit and have confirmation that you have been deemed fit to drive by the only agency in the UK who can.

On a side issue, they would be failing in their duty of care to you and others if they did not wait for confirmation and it would most certainly be argued that whilst under this current question you are not insured. Have you told your car insurers?

clemmatis

The Equality and Human Rights Commission has taken over from the Disability Rights Commission, they have helplines, or you could email them (details on their web page)