I had no idea that two weeks after my last article about the (bad) experience of (quite a few) black and ethnic minority staff that the council would hold a ceremony celebrating the council’s, er, success in supporting people from marginalised backgrounds (otherwise known as the ‘Stepping Up’ program). I might not have helped.
So it is with that recognition that I am hoping that the council aren’t about to announce some sort of ceremony celebrating the Council’s success in supporting people with disabilities, because today – hold on to your hats – I have quite a few things to say about how the Council treats its disabled staff, too.
The Council is bad on disability. Its worst offender is Adult Social Care (the “caring” profession), but other departments get a dishonourable mention as well. It’s not always the manager’s fault, because sometimes they want to help their staff, but pressure from more senior managers and woeful advice from HR makes it inevitable that staff don’t get the help they need.
Let’s be clear about this: the employer MUST make reasonable adjustments to help disabled staff overcome organisational, operational and physical obstacles. The Council – or at least its managers – treat any adjustment that requires them spending any of their budget on it, as unreasonable, which is quite wrong.
So what happens is that a person who has deteriorated in physical or mental ability takes some time off – perhaps they have an operation or a spell recovering from a breakdown of some kind. They consult their doctor who says, ‘I’ll write you a fit note saying you must have light duties. Here you go, they have to give it to you – it’s the Equality Act 2010.’
Except, when that person does return to work they get told: ‘we don’t have light duties.’ So the staff member goes back on the sick. They don’t have any choice, they have a disability, they aren’t as able as they were before.
A few months later, the sick pay has run out, management have popped round twice and very nicely, over a cup of tea and a digestive, given you a level one and then a level two ‘notice of unacceptable attendance’ and you have to go back to work or face ruin. The HR adviser was a very nice woman who nodded whenever you spoke and frowned in all the right places.
That HR adviser is the one who will tell you, when you get back, that because of ‘the needs of the business’ there are no light duties and that we will now need to give you a ‘stage three final review of attendance’. You reply that there is always paperwork that needs doing, or perhaps it is just visiting people’s homes that you can’t do anymore and perhaps you could do triage instead? And why are you giving me a stage three when I have done what you wanted and come back to work? But the answer is no and the stage three is just policy.
One of three things happen next: you go back to work on their terms and have a fall; you go back on the sick and they hold the stage three in your absence, dismissing you; or you phone the union and try and get what is supposed to be an ethical employer to accept its responsibilities.
There is another pitfall that unwary staff fall into that the employer is only too happy to lay. If there are no adjustments that can reasonably be done – and scepticism would be my default position on this – then medical redeployment is a reasonable adjustment. What if there are no suitable jobs? What if I get no help? Well, at the end of the redeployment, if you haven’t found another job you are then on the dole.
What sort of impairments are we talking? Cancer, musculo-skeletal injuries, fibromyalgia, depression, macular degeneration – those sorts of things. All serious and all debilitating unless you get the support you need to work with less pain; happy and productive in your occupation. You may have seen them struggling their way around City Hall, terrified of being managed out of the business.
It didn’t use to be like this. In the old days, if you had seen better days your manager would’ve done his best to look after you. Something bitter and hard-hearted has happened to the Council.
