Can A Duty under DDA be ring fenced ?

[music4essex]

Today I had my meeting regarding reasonable adjustments to delivery span, under DDA

My dom and acting adm wanted me to do a duty near to office, our proposal CWU disabilty champion wanted me to stay on the area I am on at present and have been for the last 7 yrs, just the duty to be made more compact which Atos report agreed too.
Eventually management did agree to this even though the dom did try it on and was caught out a few times the meeting took 2 half hours

When it was all done and dusted the disability champion said the duty was to be ring fenced the dom and ADM said that this is unheard of, I try to say it was not but it was like hitting your head against a brick wall, the reason for the duty to be ring fenced is that we are having a revision in about 15 weeks and consequently the CWU reps did not want to have to revisit the problem we have had .

Is there some agreement that i can print off to show management, BTW I have done 23yrs service and 8th in seniority out of 60 opgs

thanks
Essex mum

[fishtank]

Considering individual needs when creating a duty structure.

Background
The National Agreement (Business Transformation 2010 and Beyond) reached between Royal Mail and the CWU requires a “fundamental change to the way delivery structures are constructed.” Spans are now an enabler to a creative duty set and the duty structure will be established in local discussion with the Union. Given that employees have a range of abilities and capabilities, it is necessary to consider these in line with relevant legislation. The agreement states that along with delivery spans, “delivery methods and equipment are key enablers to providing a span length which is realistic and achievable.”

One of the key pieces of legislation to consider is the Disability Discrimination Act (DDA). For those people who are covered by the DDA, Royal Mail has a duty to make reasonable adjustments to ensure they are able to perform the job and are not discriminated against due to their disability. An adjustment can be a change to working practices, job content, times of attendance, environment, modified equipment etc.
It will also be necessary to consider those who have applied for the right for flexible working under the Flexible Working Regulations and those who submit requests to accommodate religious belief.

Key Sources of Advice and Support
Advice and Support Helpline: 0845 6060603. They provide advice on the process to follow to establish what adjustments are required and how to apply these.
Atos Healthcare: 0800 6888777. Where an employee believes they have a condition which requires reasonable adjustments, the Atos Healthcare health professionals will assess the individual and identify whether they are likely to be covered by the DDA. Where appropriate, they will make recommendations about reasonable adjustments to enable them to perform their role.
The Disability Helpline can provide advice and support should any alteration be required in the workplace, or special equipment is needed.
Freephone: 0800 0286142
Telephone: 01142 414731
E-mail disability.helpline@royalmail.com

A key piece of advice is to always make a note of any discussion you have with an employee to ensure that the Business can demonstrate the discussion has taken place. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Employees Covered by the DDA
First Steps
Consider those who already have reasonable adjustments in place. Remember not all disabilities can be seen so ensure you are aware of current adjustments to duties/tasks etc.
Ensure that a duty is designed in the duty set which has the reasonable adjustments incorporated. The best practice approach is to discuss the duty with the individual during the design phase and jointly reach a solution. This duty is ring-fenced in the duty pick for that employee.
If the reasonable adjustments are in need of review, refer the individual to Atos Healthcare for an updated report from the health professionals and take their advice into account in the duty design. If reach a joint solution with the employee and make a note of the solution reached for your own records.
Next
Carefully review the information from the non-binding preference exercise to see whether there are further issues flagged up for any staff.
• If someone flags up that they have an issue invite them to a 1-2-1 meeting to discuss it
• Identify their concern and discuss the issues highlighted with them.
• Discuss what they believe a reasonable adjustment might be. In this discussion jointly explore the solutions which are available.
• Refer the employee to Atos Healthcare giving a full reason for their referral (including details of what work you require that person to do so the Atos practitioner is fully informed).
• If the Atos Healthcare practitioner identifies adjustments are required take these into account when creating the duty structure.
• Duties designed to take account of reasonable adjustments are ring-fenced when it comes to a general re-pick.
• If you believe that the request is not reasonable, discuss the issue with your local Advice and Support team and ensure you share your findings with the employee.
• As always, keep a record of all the discussions that you have with the employee. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Things to Consider
• Car Derived Vans – do the adjustments to one duty impact on the park and loop of another duty – ensure that one person’s timings match up to the others.
• Is there any equipment which could ensure a delivery is more manageable for the employee?
• Someone who has limited mobility may find stairs difficult so their duty should avoid excessive use of stairs.
• Does a person have a condition that requires they have frequent access to toilet facilities? If so ensure this is considered in the duty structure planning.
• The list of reasonable adjustments is endless – it is entirely dependent on the individual’s requirements. As stated above the best way to find a solution is in conjunction with the employee themselves and taking any medical advice into account.

Other Legislative Requirements to Consider
Right to Request Flexible Working
• Does an employee already have arrangements in place?
• If so ensure that these are covered in an appropriate duty for that individual’s attendance pattern.
• Ensure this duty is ring fenced for this employee under the office re-pick
• If a person submits an application under this legislation during the design process, then the normal business procedures should be followed.
• These are detailed in the Flexible Working Policy
• It is important to note that managers are obliged to seriously consider all applications from eligible people and can refuse a request only if there are clear business grounds for doing so.
• It is vital that you contact your local advice and support team so that the legal requirements are met.

[fishtank]

In most cases the deployment of Delivery Methods will result in a number of existing support duties, and potentially some deliveries ceasing. You will need to propose and agree the scope and principles of the re-pick. Where there is significant impact to content or attendance times to one third of jobs in the unit, or more, re-picks should comply with The Way Forward Agreement: Section 16 “Resourcing jobs during major change”.

The following principles should be applied to your re-pick:

1. Staff will need to be trained on the equipment they will be using
2. Duties should be divided between driving and non-driving duties
3. People covered by DDA need to be offered suitable duties as a priority in the process re-pick
4. Driving duties will be restricted to existing and volunteer new drivers and non-driving duties will be restricted to non-drivers
5. A driver is needed for every shared van pair. Only one non-driver can pick into a shared van duty pair
6. Shared van partners without driving licences should be restricted to 50% or less of the total number of shared van partners. The exact ratio will be determined by you, but the balance you must strike is between creating a duty set:
a. With enough options to match your peoples’ skills
b. With enough flexibility to give you adequate cover in cases of people failure and unplanned absence
In the example duty detail display this is - 13 Shared vans, 6 non drivers (App 2)
7. The non-driving duties can be allocated to any of the shared vans, up to the agreed ratio
8. The cover and the leave reserve duties for the shared vans must be drivers to ensure that the van can be taken out each day

Clearly, the number of UK licence holders may restrict the number of vans you can operate in the delivery office. To enhance your resourcing flexibility, ensuring new recruits hold driving licences will be of help.

[General Mannerheim]

Yet again another manager who knows fcuk all.

[music4essex]

Thankyou Fishtank and General M you have come up trumps
I had read it somewhere but could not remember where I did not fancy trawling through hundreds of paperwork here at home

You would not believe the lies and how my dom tried to qriggle out of the suggestions to thing he gets paid all this money and he could not even sort out a few roads I had to do it all which he did not like.
I should feel like this but I am so exhusted by it all you have to be 10 steps in front of them

I appreciate all the help
can i put this over in blue shirts to maybe help someone else or maybe the moderators could do

Essex mum

[Ahebban]

While on the issue of DDA - is it fit and proper for the DOM to refer an existing DDA postie to ATOS prior to every re-pick? Would the original prognosis from ATOS outweigh any attempt to re-refer a DDA postie where there is no cure for their condition?

[fishtank]

is it fit and proper for the DOM to refer an existing DDA postie to ATOS prior to every re-pick?

Only if the reasonable adjustments needed to be reviewed.
That would take a change in his/her condition.
It would be hard to argue that with every single re-pick...impossible i would imagine.

If the reasonable adjustments are in need of review, refer the individual to Atos Healthcare for an updated report from the health professionals and take their advice into account in the duty design. If reach a joint solution with the employee and make a note of the solution reached for your own records.

[abraham]

Considering individual needs when creating a duty structure.

Background
The National Agreement (Business Transformation 2010 and Beyond) reached between Royal Mail and the CWU requires a “fundamental change to the way delivery structures are constructed.” Spans are now an enabler to a creative duty set and the duty structure will be established in local discussion with the Union. Given that employees have a range of abilities and capabilities, it is necessary to consider these in line with relevant legislation. The agreement states that along with delivery spans, “delivery methods and equipment are key enablers to providing a span length which is realistic and achievable.”

One of the key pieces of legislation to consider is the Disability Discrimination Act (DDA). For those people who are covered by the DDA, Royal Mail has a duty to make reasonable adjustments to ensure they are able to perform the job and are not discriminated against due to their disability. An adjustment can be a change to working practices, job content, times of attendance, environment, modified equipment etc.
It will also be necessary to consider those who have applied for the right for flexible working under the Flexible Working Regulations and those who submit requests to accommodate religious belief.

Key Sources of Advice and Support
Advice and Support Helpline: 0845 6060603. They provide advice on the process to follow to establish what adjustments are required and how to apply these.
Atos Healthcare: 0800 6888777. Where an employee believes they have a condition which requires reasonable adjustments, the Atos Healthcare health professionals will assess the individual and identify whether they are likely to be covered by the DDA. Where appropriate, they will make recommendations about reasonable adjustments to enable them to perform their role.
The Disability Helpline can provide advice and support should any alteration be required in the workplace, or special equipment is needed.
Freephone: 0800 0286142
Telephone: 01142 414731
E-mail disability.helpline@royalmail.com

A key piece of advice is to always make a note of any discussion you have with an employee to ensure that the Business can demonstrate the discussion has taken place. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Employees Covered by the DDA
First Steps
Consider those who already have reasonable adjustments in place. Remember not all disabilities can be seen so ensure you are aware of current adjustments to duties/tasks etc.
Ensure that a duty is designed in the duty set which has the reasonable adjustments incorporated. The best practice approach is to discuss the duty with the individual during the design phase and jointly reach a solution. This duty is ring-fenced in the duty pick for that employee.
If the reasonable adjustments are in need of review, refer the individual to Atos Healthcare for an updated report from the health professionals and take their advice into account in the duty design. If reach a joint solution with the employee and make a note of the solution reached for your own records.
Next
Carefully review the information from the non-binding preference exercise to see whether there are further issues flagged up for any staff.
• If someone flags up that they have an issue invite them to a 1-2-1 meeting to discuss it
• Identify their concern and discuss the issues highlighted with them.
• Discuss what they believe a reasonable adjustment might be. In this discussion jointly explore the solutions which are available.
• Refer the employee to Atos Healthcare giving a full reason for their referral (including details of what work you require that person to do so the Atos practitioner is fully informed).
• If the Atos Healthcare practitioner identifies adjustments are required take these into account when creating the duty structure.
• Duties designed to take account of reasonable adjustments are ring-fenced when it comes to a general re-pick.
• If you believe that the request is not reasonable, discuss the issue with your local Advice and Support team and ensure you share your findings with the employee.
• As always, keep a record of all the discussions that you have with the employee. This is not intended to be note the employee has to agree as accurate, but for your own reference.

Things to Consider
• Car Derived Vans – do the adjustments to one duty impact on the park and loop of another duty – ensure that one person’s timings match up to the others.
• Is there any equipment which could ensure a delivery is more manageable for the employee?
• Someone who has limited mobility may find stairs difficult so their duty should avoid excessive use of stairs.
• Does a person have a condition that requires they have frequent access to toilet facilities? If so ensure this is considered in the duty structure planning.
• The list of reasonable adjustments is endless – it is entirely dependent on the individual’s requirements. As stated above the best way to find a solution is in conjunction with the employee themselves and taking any medical advice into account.

Other Legislative Requirements to Consider
Right to Request Flexible Working
• Does an employee already have arrangements in place?
• If so ensure that these are covered in an appropriate duty for that individual’s attendance pattern.
• Ensure this duty is ring fenced for this employee under the office re-pick
• If a person submits an application under this legislation during the design process, then the normal business procedures should be followed.
• These are detailed in the Flexible Working Policy
• It is important to note that managers are obliged to seriously consider all applications from eligible people and can refuse a request only if there are clear business grounds for doing so.
• It is vital that you contact your local advice and support team so that the legal requirements are met.

Sorry, but is this in the Business Transformation Agreement?

[fishtank]

Sorry, but is this in the Business Transformation Agreement?

It is part of the Duty Revision pack given to managers to plan revisions based on the Business Transformation Agreement.

Duty Planning Individual needs and reasonable adjustments.doc

[abraham]

thanks, good stuff.

[Ratty]

Hi,

I suffer from a spinal problem that is covered under the DDA, this has been agreed by both ATOS and my GP as well as a spinal surgeon and I am currently receiving treatment for it although it is long term and is likely to get worse with age. treatment consists of treating the problems it causes by lifestyle changes, work content management and medication rather than attempting a cure as that is not really possible.

A few years ago following an assessment and treatment from both ATOS and my own doctors, ATOS gave recommendations to Royal Mail about the type of work content I should be performing ( I am a HGV driver at the moment). These recommendations were not followed and when a duty resign and repick was done shortly afterwards I was not given any kind of option for a ringfenced duty nor had my problem discussed to address the issues before the repick started and all I was told by both the union and Royal Mail was that when it got to my name on the seniority list they would then see what was available and I was also told that it didn't matter if there were duties I could perform with no adjustments needed due to them having suitable content, I would not be given the opportunity to pick that duty unless it was still available when it was my turn on the seniority list with no exceptions. As it happens I did in fact manage to pick a suitable duty with the content in it that ATOS and my GP had said was most suitable but I only got it because it was still available when it was my turn to pick under the seniority list.

However, after yet another recent repick I again had to wait until it was my turn to pick on the seniority list before anyone would even discuss the matter with me. I was concerned that no suitable duty would be available by the time it was my turn because this time round there were fewer dutys of the same type that I had been performing with no problems. When it was my turn to pick I managed to pick a suitable duty however it was the very last one of it's type and if just one other person had picked that duty I would have been in the unfortunate position of having my ability to do my current job with minimal problems removed entirely on the basis of my position on a seniority list rather than my medical requirements for a condition covered under the DDA.

When I tried to raise this with the union as a very likely problem that would arise for me with any future repicks I was told that there was no policy or procedure in place that allowed me to "cherry pick" as they called it, a duty that had content I could do that required no adjustments to enable me to perform it like any normal employee unless I got that duty based purely on seniority. I tried to put my point across that I wasn't trying to pick and choose specific dutys for any reason other than what was best for my health and that I had already proven that by changing my original work content to a duty that had a significant drop in wages. I also pointed out that I wasn't looking to pick a single specific duty but was actually asking to discuss before the repick started what dutys I could do with minimal (if any) adjustments and minimal health issues and put forward a list and then see as the repick went on what dutys were picked before I got to pick and if it got to the last duty on my list that I would then be given the option to take that last duty. This point was dismissed by my union rep as being unacceptable, again because it amounted to favouritism.

Being told that no dutys could be ringfenced for employees covered under the DDA because it amounted to favouritism wouldn't have been so bad if it wasn't for the fact that certain dutys where I am based (and I believe is a national policy round the country although please correct me if I'm wrong) are already ringfenced for drivers who have a different class of licence whereby they are guaranteed a suitable duty from a ringfenced pool regardless of their seniority purely because they have a restricted licence. I don't know if this is true but if it is, I find it incredible that dutys can be ringfenced for some drivers just because of the type of licence they have but they can't be ringfenced for drivers who have medical requirements covered under the DDA to just enable them to do a days work with the least amount of health problems.

Can anyone tell me if this is correct or if duties that are suitable should be ringfenced for employees that have specific requirements under the DDA. I would really like to have this issue clarified before another repick that may put me out of a job just because I've only got 20 years in and that level of seniority wont stop me losing access to a duty to another driver just because he or she has better seniority.

From what I have read in this thread it seems that it should be possible for employees covered under the DDA to get access to suitable dutys as a priority but it certainly isn't the case where I am based.

[General Mannerheim]

it's called favouritism...no it's called the law of the land...reasonable adjustments should be made.
It's bad and hard enough trying to get cretinous management to follow the Equality Act without the union joining in with complete and utter bullshit,i suspect the only people moaning about `favouritism` are the union mans big mouthed buddies or somebody who will be displaced if you get a `ringfenced` duty.
Frankly for a union rep to say that is a disgrace.

[liamlayor]

Thankyou Fishtank and General M you have come up trumps
I had read it somewhere but could not remember where I did not fancy trawling through hundreds of paperwork here at home

You would not believe the lies and how my dom tried to qriggle out of the suggestions to thing he gets paid all this money and he could not even sort out a few roads I had to do it all which he did not like.
I should feel like this but I am so exhusted by it all you have to be 10 steps in front of them

I appreciate all the help
can i put this over in blue shirts to maybe help someone else or maybe the moderators could do

Essex mum

I certainly would believe all the lies. This is why it is SO IMPORTANT to always have a witness present with any meetings with managers. Even if they only walk over to you and want 'a little word with you' always ask them to wait while you find anybody, it doesn't have to be your Union rep, to act as a witness. If you can, make notes at the time, if not, write it up as soon as you get home and get your witness to read, sign and date it to say that they agree with your record of the meeting. I've got a drawerful of them but, if you ever need to go to an ET you'll find them invaluable!

[liamlayor]

Don't know which Union bod told you that positive discrimination is 'cherry picking', Ratty, but that's about the level of Union knowledge many of us have been subjected to. The funny thing is, they even have a 'disability officer' but I don't know what that person gets paid for, certainly not for their knowledge of the Equality Act. If any of you ever find yourself unfortunate enough to be NEGATIVELY discriminated against because of a disability, don't expect the CWU to help, not even their disability officer. The best thing to do is to argue against managements discrimination then ask for a grievance form (but don't whatever you do, expect a reply) then, within 3 months less one day, submit an ET claim for disability discrimination and harrassment (this is usually applicable).
The Union couldn't give a toss (although they'll try to jump on the bandwagon and claim kudos for having handled the case, even when they haven't) and the only way to make Royal Mail sit up and take notice is for all of us to assert our LEGAL rights ourselves with help from members of this site if needed.

[heathrow86]

Hello, Ratty. I presume you work in Network as an hgv driver. In my Voc, we have a few chaps who are classed as DDA, however this has caused no end of problems mainly among the drivers. This is not due to discrimination, but the drivers concerend are using it to get the shifts that they want, and by the way all the overtime as well, even though they are low on the seniority list. this ring fencing usually affect the middle of the seniority list, and that is where the problems lie. Because we are only a small voc, we only get a small amount of duties.

During the Network 11 revision, we had a manager who said that the re-pick would go ahead, then once it got to a DDa person if no suitable duty was avaialble then they would be found work elsewhere in the business, but keeping their HGV drivers money for 3 years. Fortunately the DDA people were in agreement with this, and this problem did not happen that time. I don't know if this will help in your case, but it may be worth a thought.