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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a disability since January after an accident by a manager

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I have a disability since January after an accident by a manager at work. CMT a nerve and muscle problem which affects my job as a postman walking over 4 hours each day. ATOS my healthcare stated to my employer that I should have duties on delivery that were easier, lighter to carry and not the longer walking duties. My employer states all duties in our office are the same length if I can't do what he puts me on then I have to leave. I have asked to be re-referred to Atos but he won't re-refer me as he says I have no justifiable reason to be. My condition has got worse ,I can still do the same job but I need to be put on duties I can finish on my time whereas he is giving me duties where I'm over my time. Since I told him from now on I'm not prepared to work over my time he has told me not to come in till 9am which is my starting time officially although most of us come in earlier.I told him that was fine but it needed to apply to all of the other 9am workers. He said he only asked a few postmen to come in early. Since Saturday when I told him the same thing he told me from now on don't come in until 9.25am where my duty will be ready for me to be bagged. On Monday I came in at 8.30 and could only count 2 people that came in at their right time when it should be in double figures. My duty still took to 10am to get ready when most of the other boys had gone. W e had to work to 2.45pm when I did not want to work past 2pm.We usually finish about 1.45pm when I come in early. I don't think this is fair he is giving me heavier duties so that it tires my legs out so that I will have to leave as I won't be able to keep it up for long and I'll be in pain trying to keep up with he duty and the other postman. They know what they are doing. They are trying to get me out of my job by my own doing.What can I do.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there?
Customer: replied 2 years ago.

6 YEARS

Customer: replied 2 years ago.

6 years

Expert:  Ben Jones replied 2 years ago.
Hi sorry for the delay in responding, when you posted your answer twice it removed the question from my queue for some reason.
Your rights will largely depend on whether you are classified as being disabled. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
• Physical or mental impairment – this can include nearly any medical condition;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
• Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:
• making adjustments to work premises;
• allocating some of the employee’s duties to others;
• transferring the employee to fill an existing suitable vacancy;
• altering the employee’s hours of work;
• allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
• acquiring or modifying specialist equipment;
• providing supervision or other support.
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46805
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

My problem with my condition is it is long term and there is no treatment for it. CMT.I work as a postman walking over 4 hours a day .My problem at work is all of our duties cover a 4h 15 period. I do not wish to work any less hours as we have none but to deliver lighter duties within the 4h15 timespan. All of the duties in our office are 4h15 but some are lighter than others and you can finish in 4h15 whereas the duties i'm put on take longer which I don't want to work over my time. My boss states all his duties are the same and he can't give me easier duties as he has none. So if I can't do what he puts me on them I have to leave. .Is he within his rights .Atos has recommended he gives me easier duties.

Expert:  Ben Jones replied 2 years ago.
If there are actually lighter duties which he can give you then he would be expected to do so as that would amount to a reasonable adjustment. This has also been recommended by ATOS. It would take something quite serious for the employer to reject a request to give you lighter duties and for them not to make reasonable adjustments so if these exist there should be no reason why they cannot swap your current duties for what lighter ones are available
Hope this clarifies your position.

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