DEALING WITH DISABILITY

RMT helpline 0800 376 3706 :: april 2012 :: RMTnews 22 The union is organising a conference for members with disabilities on May 9 and it is important that as many members as possible attend to discuss discrimination at work and other issues. Nominations are invited from branches and regional councils to send delegates to get involved with the debate. The Equality Act 2010 provides protection to those who comply with the definition as set out by the legislation i.e. “a physical or mental impairment which has a substantial and long-term adverse impact on his ability to carry out normal day- to-day activities.” The “substantial” effect will depend on the facts surrounding each member’s disability and it would need to last at least 12 months to count as “long-term”. Unlike other forms of unlawful discrimination such as sex or race, disability discrimination law imposes a duty on employers to make ‘reasonable adjustments’. If the adjustment required is ‘reasonable’ there is a duty on the employer to make that adjustment. Failure to do so will be deemed to be an act of discrimination. The House of Lords ruled in Archibald v Fife that the duty to make reasonable adjustments includes considering transferring the disabled person to another vacant post, even if it is a higher grade. The key being that the disabled person can perform the duties and responsibilities required of the job, even if this entails reasonable adjustments. Many employers seem to believe it sufficient to provide a disabled person with vacancy Derrick Marr (left) is a train driver currently serving on the union’s Council of Executives who has had problems at work regarding his health and in recent years has relied on the support of the union to fight his corner. Derrick had an active early life enjoying a range of sporting activities. But at 35 he was told he had osteoarthritis in his hip and would need a hip replacement at some point. He was given painkilling anti- inflammatory drugs and told to manage the pain until it became unbearable. Only then would hip replacement surgery be considered. Derrick has suffered the occasional ridicule over the years sometimes meant as friendly banter but sometimes he said that it could be quite upsetting. He said that he never thought of himself as disabled until a couple of years ago when a car park attendant stopped him as he struggled from his car to the ticket machine and the attendant said: “blue ticket holders don’t need to pay for parking”. A somewhat confused Derrick then realised he meant disabled badge holders. As a train driver, Derrick has good days and bad days with regard to pain levels. On good days he has no pain at all and can walk for miles, but on bad days he is in constant pain. Changing ends of his train can be a challenge, let alone walking to sidings and down the track on ballast. DEALING WITH DISABILITY RMT is organising a conference for members with disabilities on May 9 A TRAIN DRIVER’S