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Posted By Hilary Charlton
Hi can anyone help urgently.
A lady I know has called up - she fell down stairs in January and has just now returned to work. Her doctor has signed her back to work as long as she has proper equipment because she cannot now sit on a normal chair for long hours. However, her workplace has told her that they can't afford new equipment and she must apply to JobCentre Plus Access to Work scheme. Well, this sounds a bit wrong to me - can anyone fill me in on what the situation actually is with regard to this.
She did not fall downstairs at work - this was at home.
Thanks in advance
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Posted By Wilf Archer
Try this link to Disability discrimination act.
http://www.hmso.gov.uk/acts/acts1995/1995050.htm
In short is her disabiltiy long or short term.? if long term or permanent then the employer should provide for her reasonable adjustments. I would reckon a chair and a suitable writing surface is not unreasonable.
Wilf.
Extract from the act.
Long-term effects
2. - (1) The effect of an impairment is a long-term effect if-
(a) it has lasted at least 12 months;
(b) the period for which it lasts is likely to be at least 12 months; or
(c) it is likely to last for the rest of the life of the person affected.
(2) Where an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.
(3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring shall be disregarded in prescribed circumstances.
Normal day-to-day activities
4. - (1) An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following-
(a) mobility;
(b) manual dexterity;
(c) physical co-ordination;
(d) continence;
(e) ability to lift, carry or otherwise move everyday objects;
(f) speech, hearing or eyesight;
(g) memory or ability to concentrate, learn or understand; or
(h) perception of the risk of physical danger.
(2) Regulations may prescribe-
(a) circumstances in which an impairment which does not have an effect falling within sub-paragraph (1) is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities;
(b) circumstances in which an impairment which has an effect falling within sub-paragraph (1) is to be taken not to affect the ability of the person concerned to carry out normal day-to-day activities.
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Posted By Geoff Burt
Hi Hilary
This is ringing bells..
Try www.cae.org.uk and ask for Andy. He has some information on grants for people at work.
It is to cover cases like this, where the employer needs help with the costs so I think the info you already have is correct.
Geoff
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Posted By Hilary Charlton
I have found out that the employer is Social Services so they really are trying it on somewhat! I don't think that "not being able to afford it" will wash on this occasion.
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Posted By Geoff Burt
Sort of robbing Peter to pay Paul then!
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Posted By Kieran J Duignan
Hilary
The matter of Access to Work funding (subsidy) was explicitly addressed by a JobCentre Plus Officer at the London Metropolitan IOSH branch seminar on disability, health and safety in January.
She indicated that the criteria of funding are relatively generous, above a threshold of £300, which the employer has to fund. And she emphasised that an application should come from an employee.
As a safety ergonomist, I have conducted assessments under the AtoW scheme and endeavoured to ensure that an optimal rather than a minimal solution; that means that, for example, I would specific voice-operated software if the evidence indicated that was required.
The off-beat note in your question concerns the tone attributed to the employer. There is no doubt about the employer's liability to both safeguard the physical (and psychological) integrity of their employee and to make appropriate reasonable adjustments for an employee with a disability.
The Legal Officer of the DDA who addressed the IOSH meeting made no bones about how determined - and capable - she is to ensure that employers no longer shrug off their responsibilities to employees. The bottom line is that it is far, far most cost-effective of the employer to provide appropriate support than to allow to matter to become a DDA issue.
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Posted By Stuart Nagle
Hilary.
The New DDA 2005 has just been issued and is available at HMSO.Gov.UK
There are specific new areas introduced that cover exactly this type of discrimination. Whilst the lady in question may have had her accident some time ago, the discrimination is occuring now and from you question I would think it would be subject to the Act.
I would suggest you take a look at it, its reasonably straightforward enough, so far as legalese goes, and it will I am sure point you in the right direction to be able to put the wind up the transgressor....
Regards...
Stuart
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Posted By Andy Essex
I work for Jobcentre Plus as a H&S Policy Adviser. Not having the money to fund equipment required for reasonable adjustment is no defence in law for the employer.
However, Access to Work schemes run by Jobcentre Plus make generous contributions to the funding of equipment. The employer needs to contact the local Access to Work team and arrange for the employee to see a specialist to determine just what is required.
When the equipment has been decided upon the funding issue will be taken care of. If the employer takes no action to get things moving I would suggest the employee considers going to an Employment Tribunal.
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Posted By Geoff Burt
Just an observation but does anybody else see the implied threats in a number of the postings on this thread?
Negotiation is always preferred to being confrontational.
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Posted By Kieran J Duignan
Geoff
An 'implied' threat is Your PERSONAL interpretation.
I for one offered a comment in response to an enquiry that expressed an employer's disregard for employee rights.
My comment was far from confrontational and simply threw light on boundaries. If you interpret that as confrontational, that's your own mindset, not mine.
And that is simply by way of constructive feedback, my dear fellow, intended to encourage you to show greater awareness of your own subjective interpretations.
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Posted By jackw.
Hi, We have had a number of employees requiring "special" equipment Particularly chairs and have found the employment services very helpful. In addition to giving funding towards the purchase of equipment they also have staff able to undertake a full assessment of the persons needs. However it is my understanding that the employee has to contact them direct: it used to be the employer. As regards this particular employer. H&S law, regulation is punctuated with the word "reasonable” I would think they would have some difficulty in arguing that it is unreasonable on cost not to at least attempt to facilitate this person continuing to work at DSE.
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Posted By Geoff Burt
Yes, that' my understanding also Jack, the employee applies. Which is possibly how the question arose ie the employee was asked to contact them.
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Posted By David J Bristow
Hi Hilary
Geoff is correct in that the employee applies to the access to work team for grants to buy specialist equipment. The employer may or may not have to make a contribution! Whether or not they do or don’t, the employee still has to complete the necessary paperwork to apply for the grant.
I am in the process of negotiating on behalf of one of my clients and the access to work officer told me that the company employing my client should purchase the “specialist items”, they lay the monies out and are reimbursed from the access to work team.
The “specialist items” remain the property of the client (access to work team) for a period of three years. If he should leave their employment within this period then he can take them with him to his next employer.
Hope this helps.
Regards
David B
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Posted By Ken Taylor
Just one more thought in addition to supporting the advice already given - Should DSE users be sitting on chairs for 'long hours'? Surely this is against the guidance for frequent breaks away from the screen?
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