Advice needed re: Disability Discrimination Act

dizzyblonde82

Hi,

I have a long standing history of knee problems which can't be fixed easily, I have suffered with this for 17 years and have had 6 operations (3 on each knee).

Following my last operation I was referred to Occupational Health due to my sickness levels. The consultant was very understanding and helpful, in her report to my manager she wrote the following

"she does have an underlying medical condition relating to her knees and it would be prudent to consider that this is covered by the Disability Discrimination Act 1995/now the Equality Act 2010.

A reasonable adjustment may be to allow her a slightly higher level of sickness absence with particular relation to the problems with her knees"

My contract states that I am entitled to 4 months full pay and 4 months half pay in any 12 month rolling period, during my 3 years in post I have never been off more than 4 months in a 12 month period so have never been paid at half pay.

Following the letter I have had a brief meeting with my manager who has suggested that I should work out how much time I take off sick per year and then agree to reduce my hours by that amount then if I am able to work more I will get paid for the extra hours.

I have thought about this over the last 2 weeks and still do not feel that my employer is dealing with my case fairly.

I would appreciate any advice or help that anyone can offer me.

Thanks
Sarah

Forgot to mention that the consultant advised that "she should avoid walking long distances, lifting and use of stairs where possible but other than that I see no reason why she should not be able to continue to complete her role in the future and have discharged her from clinic"

Googlewhacker

I think this is fair, they are offering you a reasonable adjustment under the DDA to go part time so that you are less likely to go off ill due to the knee. If you refuse and then try to take them to a tribunal for discrimination then they can prove they tried to offer you a solution to your problem.....win win for the company.

Have you had alot of time of sick in the last three years due to the knee? It does give you some leeway but if you are taking far to much time of they could look at dismissing you via the capability route (this does take a bit of time and needs to be done correctly)

paddedjohn

Wish i had a job that paid me for doing nothing!

Blobby8_2

paddedjohn wrote: »

Wish i had a job that paid me for doing nothing!

Join the new new labour party then, assuming you have a first in Politics/economics/philsophy.

DaisyFlower

So you get paid 4 months off every year which you have taken and yet expect them to up it so that they lose out even more so yet you dont?

Its a great deal already and i'm surprised that they have not looked to dismiss on capability grounds given the extra costs they will be incurring by paying both you (to do nothing) and the cover staff.

dmg24

How much time have you had off sick?

Can they guarantee you extra hours if you are fit to work them?

Uncertain

paddedjohn wrote: »

Wish i had a job that paid me for doing nothing!

What an utterly offensive response to the OP's situation. :mad:

You would of course like that degree of disability and six major operations to go with it?

No, thought not!

Uncertain

OP

I think you need to get some proper legal advice here.

The situation is complex and although it is not the firm's fault you must put your interests first. It is up to them to meet their legal responsibilities regardless of some of the ignorant comments above.

They MAY be able to move towards a capability dismissal but they need to take great care. Their own advisor has told them this is a DDA situation.

You need to check the exact terms of your sick pay scheme to see to what extent (if any) it is discretionary.

Are you a member of a Union? If not, given the potential amount of money involved either as sick pay or a possible DDA claim it would be worth paying for proper advice.

Hopefully LazyDaisy or SarEl will see this and help.

GavB79

The OP does not say they have taken 4 months off a year, each year. It winds me up that people think 'I get paid 2 months sick pay so I will take 2 months off regardless of whether I am genuinely sick.' This is not what's happening. They say they have never reached this threshold during their employment.
I don't see any reason why you should change your contract, but it would be useful to know exactly what time you HAVE had off during the three years, to better appreciate your employer's point of view. If your absence is sustained and causing detriment to the business, they cannot be expected to continue in that way forever. They could argue you are not fit for the post, i.e. capability as mentioned above.

dizzyblonde82

Thank you for all the responses offering advice - I do understand that I have taken a lot of sick leave in the past 3 years and don't expect my employer to keep covering my wages whilst off sick if I breech the terms outlined in my contract but don't see why I should agree to cut my hours when I don't even know when I will be off again as I may be okay for a few years now. I had operations a op when I was 19 which was fine, they repeated the op on the opposite leg which resulted in me spending 2 years on crutches and having to have a corrective op. Between being 22 and 26 I had 4 good years with no ops needed.

I had 2 weeks off in August 2008 as I dislocated my knee walking down the corridor at work, I had 2 Months off in October 2008 due to having a Medial patellofemoral ligament reconstruction as this was successful I underwent the same operation on my other knee in November 2009 and had 6 weeks off. Unfortunately this operation was not as successful and I had to undergo further surgery in October 2010 and had 4 weeks off.

I would do anything to not have to be off again but I have malformed knee joints which has led to my lower legs being 10 degrees out of alignment. At present I have been coping well since returning to work at the end of October but my ortho surgeon says that they can't guarantee how long I will be okay for but that I will need further operations at some future point. Due to only being 28 I can't have my knee joints replaced but have been told that that is a likely possibility in 20+ years time!!!!

To all those who commented about it being so good to be paid to do nothing I would just like to say that it has been brilliant couple of years for me as it is so enjoyable to have tendons taken out, holes drilled in my knee caps and tendons screwed to my knee bones and thigh bones - it doesn't hurt at all and can't wait till the next time I can have another operation! Plus I also have the added bonus of symmetrical scars on each leg which look so attractive!

dizzyblonde82

Uncertain wrote: »

OP

Are you a member of a Union? If not, given the potential amount of money involved either as sick pay or a possible DDA claim it would be worth paying for proper advice.

I am a member of a Union - I joined a few months ago as chances are I will be out of a job before soon anyway due to me working for the local Primary Care Trust.