is this discrimination?

[lcg]

hi - as some of you may know, i'm a psych nurse who works in an acute ward setting - looking after 25 male patients who are mostly ok, but it can get a little hairy sometimes. anyway, i have arthritis in my feet which are mainly controlled by medication, but occaisionally i use a walking stick for 2-3 days until my foot calms down. i am still able to walk, run and move without the cane, although it jolly well hurts! my manager said to me that he had spoken to occupational health and that if i needed a walking stick, i should not be at work. considering another colleague in a different setting (rehab) uses a crutch full time; a female colleague is registered partially sighted (as she is albino) and the patients also use crutches and sticks at the moment, am i being singled out unfairly? i am a bit mystified by all the fuss, really. would love your thoughts ans esteemed legal opinions on this guys....cheers! x

[boxtops]

Self refer to Occy Health for their viewpoint - you only have one side of the story at the moment. You don't need to go through your manager for a referral.

[lcg]

have done already - ball is rolling on that front...but i can guess what they'll say...just wanted some outside thoughts considering i feel its a petty violation of my right to be able to walk at work...x

[mollykins]

As long as it doesn't affect the quality of your work or restrict you from doing any of your jobs, I can't see why it would be a problem, meaning your manager sounds wrong. (I'm no legal expert, that's just how it sounds from my p.o.v.)

[lcg]

i think what they are trying to say is that i am vulnerable if i walk with a stick and that it can be used as a weapon - but like i said others have done too and the patients have crutches etc. - so shouldn;t we ban all crutches tc to be fair here? x

[Richard1966]

Employers are required by the Disability discrimination act to make reasonable adjustments to the workplace, where practical to do so. This might simply involve allowing a person to use aids if that is possible.

I expect the problem here is that when things get a bit hairy as you state, are you able to deal with the situation or is your disability or you use of the aids a hinderance to your or others safety. If your employer can argue that their is a safety risk they may have a reasonable occupational reason for not making the adjustment. You would then need your union to look at this citing the case of your colleagues to try to argue discrimination. Tough one in my opinion.

[lcg]

thanks richard - food for thought...x

[ummmm]

Icg....I use to work in a psychiatric hospital. No member of staff would have been allowed on most wards with a walking stick. If they needed a stick long term they would have been moved to a different ward.

A walking stick is a weapon.

[lcg]

ummm, i know that, but as i said - why can a patient have one then? or indeed my colleage who works in a different setting? he is just at risk as i am....x

[lcg]

also - it's not long term, just occaisionally for a few days until my foot or feet calm down after really bad flare ups. to date, i have used the stick twice - both for two days x

[ummmm]

I don't know about your colleague but it's duty of care for the patients. They cannot be denied sticks/crutches because of mental health issues.

I suppose when it comes down to it, if a patient or member of staff got attacked with another patients stick/crutch thats one thing...but if it were to happen with a member of staffs stick/crutch that would be a completely different matter. The hospital could be sued. In the first scenario the patient could be sued. But as they suffer mental health issues it's unlikely to get very far.

[Richard1966]

If its a temporary problem them i agree that they should be looking to allow you to do other Light duties whilst the flare up subsides. It would also have to be pretty well permanent to qualify under the DDA. I assume the arthritis is permanent just the flare ups irregular. You should be covered by the DDA if the arthritis is a permanent condition.

[RATTER15]

Obviously the rules regarding a patient using a walking stick is very different, if it was seriously considered that a walking stick would be used as a weapon the patient would need to moved to a different unit or make other arrangements for a walking aid, a frame for instance.
If you are in that much pain when not using your stick i don't think you would be able to deal with a serious situation if a fight broke out for instance.

[ummmm]

Richard...it's not always that easy. You can't just take a staff member off ward at short notice and put them on other duties. This puts other staff members at higher risk.

[lcg]

richard - it is a permanent condition and the flare ups irregulat. defo covered by the dda act which states they have to make reasonable adjustments - surely a sodding walking stick qualifies as i can do everything else? x

[lcg]

i can ditch my stick and join in any rugby that is going on - but obviously that makes it more painful. god forbid someone actualy trod or stamped on my feet - you would hear me scream from mars. the stick is used to reduce pain and promote quicker recover instead of having time off work...x

[ummmm]

I don't think it could be classed as discrimination though. Some of the wards I've worked on can be very volatile...some of the patients would be eyeing up your stick and planning an attack.

[RATTER15]

I'm sorry to say ICG76, I don't think I would permit you to be working in my care home, I want all my staff to be fit enough to be able to work competently, if you are in that much pain I would have you on light duties away from the clients, certainly not looking after them.

[Whickerman]

It all comes down to the rick assessments that would be carried out for each of your job duties. These must now take account of your condition and it should be addressed there in writing. The Safety Statement will contain these (it should be a huge document, don't be misled by the word 'statement') and it is available to you to examine.
If it has been determined by a competent professional that your being on a stick infringes your ability to do your job safely, or by the use of such it affects your ability to react, or places other workers or patients at risk, then you should be asked to stop or move.

[wolf63]

Having been a 'resident' in an acute ward I agree that the stick may be used as a weapon against you and by you. But so could anything else that is not nailed down. It is a bit like living in the Twilight Zone.

There has to compromise somewhere - hopefully.