Disability and redundancy

[Craphouserat]

i will try and keep this short...please excuse any spelling/grammar..I've had a few.

Today,after months of worry,we had our new work structure meeting. Here we were told that the jobs we are currently in will not exist in a few months. There are various new job titles to apply for, but not enough jobs for everyone. In around 2/3 weeks time we will recieve our preference sheets - we've to list 3 jobs in order of preference - there are 4 criteria in the selection process. It's a desktop exercise based on a points system - I can't remember all the details and if I get enough help/response I will update with exact details once the work have given us all a hard copy.
Anyway from what i remember from meeting today cant remember the points given to each
Absence - Conduct/Discipline - Skills/Competency and another.

Now to the reason for the post. For the past four years I have had serious back problems - been in constant/chronic pain and still on a cocktail of drugs including Bu-trans patches,Tramadol,dihydrocodine,pregabalin,amytrip and others - but at work. I have had numerous failed operations - and due for another, more complicated one..but trying to put it off for work reasons(and my wedding in the summer). My doc is trying to get me off the Bu-trans patches - but understands why I need to stay on all meds at present.
Since 2007 ,y only reason for my absence has been due to either severe chronic pain whilst waiting on an op - or recovery from an op. Both long spells off work. I have been back at work part time from October.

Every time I came back to work I had a " back to work meeting " with my line manager. At the end os the " meeting " I was asked .. do you consider your absence to be disability related? - I always replied No. Perhaps out of pride and not really believeing I do actually have a disability. My last back to work meeting was in Oct 2010 - I said No again - shortly afterwards and still in chronic pain my doc spoke to about disabilty and asked if I had a blue badge etc - I said no. Despite my trouble walking I never even thought about this. He suggested I apply - I then applied to the DLA people...now I say this because I only applied should I need financial help in the future. I am recognised as having a disability by them.

Since I have a blue badge - recognised by DLA as having a disabilty ( have a lot of trouble walking - due to permanent nerve damage) should my employer take this into consideration when allocating points regarding the absence part of the selection process? Please remember I always said No when asked is absence related to disability....yet shortly after my last meeting I woke up to the fact I do have a disability - Im a youngish guy and perhaps pride got in my way when talking/thinking about my problems. I'm due under the knife again..but I'm stting myself that I may be kicked out because of my absence - yet since 2007 any absence has been down to waiting on/recovering from a big operation. A year or so ago I actually thought I was finished altogether with work..I wanted to top myself I'm in so much pain. But I've got it together and the new work structure looks good - and I want to be a part of it. I just want my absence to be seen as disabilty related..since it is !

Any advice/experience of this? I should score alright on all other parts since I've been in my department since it started ( 15yrs ) and I'm good at my job/no disiplinary things and get on alright with all.

thanks for thoughts....sorry for long post.

Cheers.

[scirocco265]

Craphouserat said:

Anyway from what i remember from meeting today cant remember the points given to each
Absence - Conduct/Discipline - Skills/Competency and another.

Every time I came back to work I had a " back to work meeting " with my line manager. At the end os the " meeting " I was asked .. do you consider your absence to be disability related? - I always replied No.

Since I have a blue badge - recognised by DLA as having a disabilty ( have a lot of trouble walking - due to permanent nerve damage) should my employer take this into consideration when allocating points regarding the absence part of the selection process?

I am by no means an expert on this matter and none of this constitutes advise, howeever, the first question is: does your employer know, or should they have known?

Essentially, given your description above, your employer should be regarding your situation as though you are disabled as within the meaning of the Equality Act 2010 (EA) a “Disabled person” is defined as a person who has a “physical or mental impairment which has a substantial and long-term effect on his ability to carry out normal day-to-day activities”.

Therefore, despite you not considering your personal situation to be disability-related, essentially it is not you the employee who decides whether you fall within the meaning of the Act of not (if that makes sense).

On to your actual question of should your employer take all of this into consideration when scoring for absences. Offically "The criteria used to select people for redundancy must not put disabled people at a disadvantage, unless there is a fair and balanced reason for this". Therefore, the employer must make reasonable adjustments for redundancy scoring e.g. discounting disability-related sickness absence when using attendance as a criterion for selection. If they fail to do this, then they must show a "fair and reasonable" reason as to why they did not.

A lot of this does hinge on whether you employer is aware, it may be worth contacting your HR department and just gently querying with them, as you did in your post, whether your diability-related absences will count. If nothing else, this will serve as (albeit informal) notification of your situation. You may also be surprised and they may have already made a reasonable adjustment for you.

HTH

[Craphouserat]

Thanks very much for your reply. I apologise for the rambled nature of my post last night - I'd had a few beers.

This morning I went into work ( Wednesday is a day off for me as I've went down to four days because of my disability) and sent an email to the new Head of Department - she done the presentation on our new structure. In this email I explained that at each return to work meeting I said No to the question about disability - for my own reasons, however I now consider myself to have a permanent disability. It is permanent as the nerve damage can never be repaired meaing I will always have trouble with my mobility - I don't want any state benefit because of this - just to be recognised as having a disability. So, we shall see what the reponse is tomorrow when I'm back in.

This morning I also called the employee assistance line we have. A councillor basically said the same as what you have told me. Told me that by emailing the new Head of Dept and asking what I did that I have done the correct/polite thing to do. Was also told to make sure that everyone who is doing the scoring knows I have a disability - said the employer must make reasonable adjustments when scoring me on absence - i.e discount absences realting to my disability. If they don't I guess I will have to seek legal advice if I'm punted.

I feel a little better about this and I don't want any special treatment - but having to live with this condition is hard enough and I don't want kicked out because of it. I'm probably going to have to have another op next year as my GP wants to take me off some of the meds I'm on. I've tried reducing them and all my symptoms come back.

Anyway - thank you again for the response/help.

Cheers.