Does my employer have a duty of care?

motorguy

My have has RA this last 12 years.  Diagnosed when she was 35, 47 now.
Shes on a methotraxate injection once a week, strong pain killers daily.

As discussed, infection issues tend to be around getting colds easier and them lasting longer.

If this medication regime persists your husband may have to look for a change of career.  I think the company can / should make reasonable adjustments but only within the scope of their business.  If they cant facilitate a different role, he may need to find a company who can.  My brother was an HGV driver and now works in Dispatch, for example.

I would have thought his long term ability to stay with lorry driving is slim anyway.  My wifes ability to grip has deteriorated over time, as has some of her strength.  Strenuous movements cause her subsequent pain - i would have thought hauling an HGV about is going to agitate his symptoms - if its not doing so already.

BooJewels

Undervalued said:

That may very well be the case but sadly they don't have to operate "with high moral ethics" they only have to operate lawfully. Providing they do that the wife can buy whatever shoes she chooses!

Indeed. But it does set the tone for how they are likely to perceive the inconveniences of an employee who would like some consideration.  Our experience would suggest that long term loyalty to an employer just means you've allowed yourself to be taken for a mug for longer than you perhaps should.  Thinking that it counts for something is a mistake and just means you probably have higher moral standards than your employer.  I think that's probably the case for Mr Frog, which probably doesn't help him.   

Talking of taking legal advice, do the Froggas have contents insurance that has legal cover included?  This was what we used to fight our case, as employment contract stuff was covered.  We didn't even pay an excess and got a LOT of legal help for no direct costs other than postage and incidentals.  Worth checking your policy.

warby68

I have just reread your opening post after the very gracious way you have taken the remarks here, especially mine which ,when I read them back, were more critical of your husband than the employer.
Whilst I stand by your husband falling into certain 'traps' of not being proactive, I do also want to say that there isn't a hope in hell that the employer will change to suit your husband other than possibly agreeing to unpaid time off which isn't really what he wants. They sound horrible but sadly are probably still legal and any challenge will only see his job disappearing one way or another.
Take advice by all means to ensure that the pay and terms are legally 'fair'  but looking to leave does seem a better option. If he only wants another year or so then I don't think he has much to lose by starting to say no to the employer more often while he looks for other work. It does sound as if the job he is doing is as ill suited to his needs as its possible to be - if he's only netting minimum wage or a little more, it doesn't seem unreasonable to expect there to be some other work out there for him which will not have a great financial loss attached. 
Its a bit contradictory, but you might expect loyalty to count for more in a smaller, business than in a PLC for example but I have found that when it comes to reasonable adjustments and flexible working and just general concessions, it is the PLC which offers more. The small business is often the more ruthless one, probably because each employee that can't be sweated as fully as possible is a step closer to failure ie each employee is 'business critical' rather than one of thousands but only critical in the sense that they have to be able to give the maximum. There are exceptions, of course but this doesn't look like one of them.
I'd focus on getting him out of there, changing him not the employer.

frogga

Thank you Warby, I am genuinely grateful for people who have bothered to take the time to offer help, and I know how comments can be misconstrued so I don't take offence   We have a lot to think about x

SadieO

Even if they *should* treat him better (be that legally or morally) it doesn't sound like they are going to. Does he really want to spend the last year or so of his working life in battle with them over this? You say he can't work anywhere else as he is not qualified, but also that he barely earns minimum wage. So, are there not any other minimum wage (or thereabouts) jobs that he could get without needing qualifications? Or where his existing experience would be considered? If he got a new job, even if it was still at minimum wage, you'd be no worse off and there might be a chance of better treatment and working conditions too. What about working for a supermarket? My local Waitrose has a sign outside saying they are always looking for delivery drivers. I bet they treat their staff better than his current outfit does! 

Skiddaw1

@SadieO could well have a point OP. I can imagine your husband might make an excellent supermarket delivery driver if he can cope with the loading/unloading of groceries. However it pans out, I do feel for you both. He deserves better.

frogga

Yes I think they would be smashing jobs, I really would like him to have been able to do that as we are quite close to a Sainsburys, but I know a lad who does the job and it is a lot of in and out and carrying the crates etc and Mr Frog just isn't physically fit enough for that with his RA and all.  There is also a Skip Lorry firm nearby but again it is demanding physically with the in and out and the reaching and stretching.  For all the rubbish bits about his job maybe it's better the devil you know?

Skiddaw1

I suppose if Mr Frogga only has to get through another year you may well be right @frogga . By the way- does he receive PIP (Personal Independence Payments)? If not, I'd suggest he makes a claim. Every little helps and it might just mean he doesn't need to worry so much about taking on some of those extra deliveries.

MysteryRegular

Reading your posts @frogga - It does appear that the company are doing all they reasonably can or will
However it sounds like a rubbish job, in itself.  They can only change so much, or the person is just not suitable for the job anymore
How about him looking for something like a HGV Yard shuting job?  Regular hours, 4 on 4 off 12 hour shifts.  I think Mr Frog perhaps needs to consider something like that
Haulage is not fun, especially when not getting paid

motorguy

Skiddaw1 said:

I suppose if Mr Frogga only has to get through another year you may well be right @frogga . By the way- does he receive PIP (Personal Independence Payments)? If not, I'd suggest he makes a claim. Every little helps and it might just mean he doesn't need to worry so much about taking on some of those extra deliveries.

I'd be surprised if he can get a PIP for RA at this stage in the disease, given his level of mobility and ability to work.