Employer quoting DDA Act in my dismissal case??

postmanpat68

Hi,
I am being considered for dismissal by my employers for final stage long term medical condition meeting next week and instead of them quoting the Equality Act 2010 they are referring to the DDA Act 1995.

Do I have a case to say that the are using out of date discrimination law.

Also i have seen the CMO who supports my absence from work and i am due to have 3 stage lumbar fusion in early June so it is not a minor procedure and will be off work for a couple of months and the same for a return to work programme and i believe that they wont give me the chance to recover and return to work a normal which i believe to be a reasonable ajustment.

Iwork for a large company with over 4000 employees BTW.

InsideInsurance

What are they quoting from it? What does the new law say on the same subject?

postmanpat68

They are quoting reasonable adjustments and disability.
Obligations under the DDA Act 1995 is quoted for line managers obligations.

It is actually in my management case for Final Stage Meeting.

Undervalued

What is more relevant is whether or not they are breaching any current legislation. The days of getting any significant award as a result of a technicality are largely over.

You are only entitled to "reasonable adjustments" if you currently have a disability (for employment law purposes). Just being "sick" or needing surgery doesn't entitle you to adjustments.

IF you meet this criteria then comes the question of whether the requested adjustment is reasonable. Ultimately only a tribunal can decide that if it gets that far. Slightly more would generally be required of a large firm like yours than if you worked for a tiny company but they are still not required to do anything that would cause significant disruption or financial loss.

Tiddlywinks

Meeting the criteria required to be considered 'disabled' does not necessarily mean that the company then cannot dismiss on attendance / capability grounds.

You are not having the surgery until June and then I'd guess you will need another two months to recover sufficiently to have a staged return to work.

On returning, the adjustments you will require to support your return just may not be reasonable for the business.

It's harsh, but that's the reality.

Also, I don't see the company being penalised too harshly for referring to the DDA instead of the EA - they probably haven't updated their templates BUT if their actions are still legally compliant with current Acts then that is what will be considered.

tomtontom

How long have you been employed for, and how long have you been off sick? A tribunal would look to the substance of the law not whether they have used the right name - and the fact that the employer has directly referenced it would indicate they have paid due regard to their duties.

postmanpat68

I have been there 5 years and have had spinal stenosis and degenerative disc disease since 2012, currently unable to go to work due to medication and unable to walk far with crutches and not able to drive either.

it seems they have missed a stage meeting out regarding ill health retirement since the CMO meeting.

There is nothing on the companies intranet regarding Equality act, it is all the DDA act.

Also surely not being able to be given the chance to have surgery the recover and return to work is not a reasonable adjustment then!.

CMO has written on the report that i am covered under the Equaliy Act.

Takeaway_Addict

postmanpat68 wrote: »

I have been there 5 years and have had spinal stenosis and degenerative disc disease since 2012, currently unable to go to work due to medication and unable to walk far with crutches and not able to drive either.

it seems they have missed a stage meeting out regarding ill health retirement since the CMO meeting.

There is nothing on the companies intranet regarding Equality act, it is all the DDA act.

Also surely not being able to be given the chance to have surgery the recover and return to work is not a reasonable adjustment then!.

CMO has written on the report that i am covered under the Equaliy Act.

How long have you actually been off work? If it was from 2012 then I would argue that the employer has given you more than enough time to demonstrate the ability to return to work in a timely manner. Alot of employers would start capability procedures within the first year.

postmanpat68

Takeaway_Addict wrote: »

How long have you actually been off work? If it was from 2012 then I would argue that the employer has given you more than enough time to demonstrate the ability to return to work in a timely manner. Alot of employers would start capability procedures within the first year.

I have only been off work two months at present (feb 2015), condition has worsened considerably in the last few months.

Undervalued

postmanpat68 wrote: »

Also surely not being able to be given the chance to have surgery the recover and return to work is not a reasonable adjustment then!.

CMO has written on the report that i am covered under the Equaliy Act.

No, not in itself. Being "disabled" and therefor entitled to reasonable adjustments does not automatically mean you are entitled to large amounts of sick leave. It would depend on a whole number of factors including the effect it would have on the business. What you are suggesting MIGHT possibly be at the top end of what would be considered reasonable in certain situations. I'm afraid I wouldn't put it any stronger than that.

Have you presented them with proper medical evidence and / or seen an occupational health specialist who has provided a report?

Is this CMO qualified to decide or are they just expressing a cautious opinion?

tomtontom

postmanpat68 wrote: »

I have only been off work two months at present (feb 2015), condition has worsened considerably in the last few months.

Any absences before this?