Health and Safety versus Disability Discrimination

I have Multiple Sclerosis and, as such, my conditions varies day by day. Most people are aware of this and adjust accordingly. The nature of my job necessitates working away from my desk at times, for which I am unrepentantly thankful, and on occasion may require me to ascend a ladder or transport moderately heavy items. In this instance moderately heavy may justly be defined as anything slightly heavier than a laptop and and slightly lighter than 2 laptops. I find the laptop scale a useful means for measuring weight, however, I fear that I may be in the minority on this one.

During periods when my MS does not impede my mobility, this is not an issue and I happily continue with my work (with a song in my heart and a whistle upon my lips), however, when my mobility is questionable then I do require assistance. Being an adult and capable of making quantifiable risk assessments, I would not perform tasks I was unable to perform. This decision has been taken away from me, in the first instance, and I have been forbidden to use ladders (even though I have had the required ladder training within the last year), in the second instance, and furthermore, I am unable to perform my duties based on someone else’s opinion.

It has thus been argued that I require an assistant in order to complete my duties, which is a falsehood, and that the cost of such an assistant would not be feasible for my employer. Thus, it is argued, as I pose a serious and unacceptable risk in the fulfilment of my duties, under the Health & Safety guidelines, it would be in everyone’s best interest to assist me in finding employment elsewhere. In other words, "we don't like your kind around these parts!".

Hence, my disability (and not my amply proven ability to perform the work) is being used to highlight the risks posed by me on the employer under the H&S Act. Clearly, my employer is treading on dangerous territory here, and what's worse is that they have annoyed me. If their intention is discover what they can do to prevent exacerbating my condition, then just say so. However, the way that they chose to deal with this is exacerbating my condition. These silly letters and opinions exacerbate my condition. Decisions about me, and my future, without involving me, exacerbate my condition. All these exacerbate my condition. I wish they would just let me get on with doing what I am brilliant at, namely my job!

The point about this post is to warn any disabled people about a looming menace,with ferocious teeth, a bad haircut and crossed eyes. Health and Safety is a must. Compliance with the Disability Discrimination Act is a must. The DDA will protect you from virtually all unfairness, but H&S will be your Achilles Heel. Unscrupulous employers seeking to shed staff may resort to H&S to circumvent the DDA. Be careful! Here are some very useful links.

http://www.opsi.gov.uk/acts/acts1995/ukpga_19950050_en_1
http://www.opsi.gov.uk/acts/acts2005/ukpga_20050013_en_1
http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068
http://www.healthandsafety.co.uk/hsw.htm
http://www.hse.gov.uk/legislation/hswa.htm