Type of work being changed, I'm not able to do it.

[s p a c e m a n]

I've been a bulk tanker driver for the past 12 years, the most manual handling that I have to do is connect a 6ft hose to the back of the tank 3 times a day. The reason that I chose this type of work is because I have ankylosing spondylitis, a type of arthritis that affects my back, neck, ribs ect. I told the company that tuped us this when we moved.

I've been on my current contract 12 years and was tuped to another company 2 years ago with 20 others, there's now only 4 of us left. This new company has managed to lose every contract for tanker work, the final one that I'm still working on runs out at the end of this year.

Their procedure is to move us to general haulage until we have enough of it and leave. I can't physically do this type of work, it involves pulling curtains on the side of the trailer and pushing pallets and cages about. I will be crippled in bed within three days of doing this regardless of how many drugs I take, I tried doing it at the original company to help out over Christmas when I first started.

My original contract that I signed 12 years ago was just the generic one that the haulage group used as a whole. It states that they can make me do basically anything, work any day or night as they see fit and have nights out. In reality I've been a Monday to Friday day driver on tankers for the past 12 years and haven't touched any other type of work since we were tuped, even taking holiday instead of doing 'general' when there was no tanker work.

There is a container contract that they currently have that I could probably do, but to date they've refused to move any of us onto it stating that there are no vacancys on there. I don't particularly want to just quit when the time comes as I've got 12 years on this contract and any other tanker jobs available at the moment are dubious at best as they are construction work dependent.

I'm just using this as a sounding board really, trying to get my thoughts straight as there's no one else working on here to chat to. Do they have to offer me work that I'm physically able to do because of a stated medical condition that I told them of when they tuped me? Am I just screwed anyway because of the original contract that I signed?

Thanks for reading, just typing this out helped me to get a bit of structure to my thoughts.

[anonymous-user]

Have a look at these two links
https://www.citizensadvice.org.uk/work/leaving-a-j...https://www.citizensadvice.org.uk/work/leaving-a-j...

[elanfan]

Legally they have to make reasonable adjustments so you can keep working. Have you got a union rep?
You might want to speak to Jason (JasandJules on here). He’ll give you the best advice.

[anonymous-user]

Could you move into the transport office, might be a good time?

[s p a c e m a n]

Thanks for the replies and links, they give me a bit of hope.

I guess that my main problem at the moment is that they're refusing to admit that they've lost the final contract so they won't discuss what their plan for us is. It's going to be a case of turning up one day to find that they've planned me on a general load and me having to refuse to do it.

I've got no union rep, from my understanding they're fairly useless and I might as well save my money and spend it on proper representation if I ever needed it.

The transport office is centralised a couple hundred miles from me so unfortunately that wouldn't be an option, although the way that the office staff are treated here I wouldn't fancy it much anyway. Within a couple months of us starting here they made half of them redundant, the longest serving ones on slightly more money, and then were surprised when they didn't want to reapply for their jobs for £2k less a year.

[Jasandjules]

I am going to assume that you would be considered disabled in law (my last client with AS most certainly was).

Thus it may be helpful to write to HR and note that your disability will prevent you from being able to undertake this task.

[mfmman]

If the contract for bulk tanker work has gone to another company, shouldn't you have TUPE transferred with it?

[mickyh7]

The last large place I worked at (Car manufacturers) did a job search when these things happened.
A suitable job was never found, and people would be medically discharged.
Moving into an office environment and having to learn Excel is not easy for a lot of people,and you do need certain skill these days.
So I can understand why they did this.
No golden handshakes, No lump sums, nothing.
It happened quite a lot due to a 'maturing workforce '.
People assume they will be 'Paid Off'.
Not so I'm afraid to say.
My advice is to find a new job now, while your still employed. Or certainly, learn a new skill.
There are more Drivers than Lorrys!

Edited by mickyh7 on Saturday 26th September 07:42

[Douglas Quaid]

If there isn’t the work there as they’ve lost all the contracts then it sounds like you’re screwed as they can’t make it appear from nowhere. As the other chap says, time to look for a new job I’d say.

Taxi driving doesn’t require you to get out of the car and move heavy stuff, have you considered that?

[stuthemong]

Jasandjules said:

I am going to assume that you would be considered disabled in law (my last client with AS most certainly was).

Thus it may be helpful to write to HR and note that your disability will prevent you from being able to undertake this task.

This is the most important part on this thread.

If you have a protected characteristic it does give you a lot more power than other posters are intimating.

Part of me thinks that if you want to keep your job, as jas says, a polite letter to hr is helpful. State your recommendation that if your tanker work dried up (as others have) that general haulage exacerbates your condition and wouldn't be something you could do due to your health condition, but you'd be delighted to do the other thing you could do. Happy to discuss blah blah...

If they are a good HR
-This gives them notice / time to nudge people around to free up a role for you can do. A Happy you doing a job you want and good employer relations.

If bad HR
-ignore you / push you out / give you general haulage assignment.... Potential big payout to you IF you can demonstrate you are disabled and they could have done something different for you rather than sack /give work you couldn't do.

I think both outcomes are improved by you engaging /stating your problem and offering to work to solution with them earlier rather than later. As am employer, Id welcome the early headsup as it gives me time to factor in your specific requirements and shuffle the team if I need to.

I'd listen to jas more than me though! I do think you may need to speak to a doctor or someone to get the condition more formally recognised as a disability to aid your case here - worth advice for sure - without it being disability they can just remove you on grounds of health if you can't do the work - you can't force them to accommodate you so much.

Good luck!

Edited by stuthe on Saturday 26th September 08:53

Edited by stuthe on Saturday 26th September 08:54

[mickyh7]

If I was the Employer, I would be very annoyed to find out my driver was disabled after 12 years of service.
Even with a recognised disability, jobs cant be pulled out of a hat.
I honestly would want a more 'Flexible' driver for when times are slack/quiet, and 'All hands on deck' come into play.
In the real world, if they want you out, and play by the rules. You are on borrowed time.
It is pretty common.
Good HR are well paid for a reason, to save the company cash.
Nothing personal here OP by the way.