Working, Occupational Therapy & DDA

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Hello,

My Mum had been asked to see an occupational therapist, she has been at the place for 20+ years. Firstly, the meeting place was not accessible for disabled people - this peeved me as my Mum is unable to walk very far with the chemo and being out of puff. Secondly and more infuriating the OT asked questions on behalf of the company… question 1:

“What is the prognosis? Is she covered by the DDA?”

To which I replied something to the tune of, none of your business and yes, yes she is covered by DDA.

Can employers ask this?

It’s clear to me they’re worried if my Mum was to be die they’d be asked to payout a sum of money, they can’t give her early retirement and she wouldn’t take it… despite how they’re being her friends work at the company, she isn’t workshy and it’s something to work towards.

The OT was great, she understood our concerns and as she had experience within Oncology she knew what Mum was going through and said it’d need to be re-assessed AFTER the 6 cycles of chemotherapy she’s on now… she is aware it will be for life but the maintenance doses should be OK to work with - my Mum worked with a huge dose of Capceitabein a day with no complaints, despite feeling like crap.

Can anyone answer:

Is it OK for them to ask a prognosis?

What the DDA exactly says, I’m aware it gives rights to cancer patients and they need to be flexible and maybe re-place, re-train but this is no use when she just isn’t up to working.

What rights do they have to remove my Mum?

Any responses gratefully received.

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The grounds that they can remove someone on is ‘Capability’. ie if (through no fault of her own) she cannot do the job then they can make her redundant but they have to show that they have been ‘reasonable’ and can show that they have made every effort to amend/re-design the job, offer re-training etc. As far as I am aware, they are under no obligation to create a job for her but often an employer will do so that they can keep valuable skills within the company and, of course, cancer is covered by the DDA so the company has to show that is isn’t being discriminatory. More detail on DirectGov.

Companies will often send employees to see the ‘company doctor’ and that usually entails getting a report from the Consultant, and that will contain the prognosis. The prognosis isn’t ‘how long will your mother live?’ but what is the statistical life expectancy of someone with your mother’s cancer. I have secondaries in my liver so my prognosis was, and is, 6 months (that was 6 years ago!) No one can say how long your mother has got!

I know that your mother is resisting retiring early but, if there is a pension scheme, companies may increase the ‘ill health’ retirement pay by enhancing the years from the 20+ years she has by a further 5 or so years. With that, redundancy pay and Disability Living Allowance (not means tested and you can have that and work too) she might feel she can get by. She could of course choose to work fewer days if she gets DLA.

I know it is hard but do try not to take all the company medical formalities too personally. The company has a ‘duty of care’ over its employees and needs information to be able to offer ‘reasonable adjustments’ to your mother’s work. See what is offered first and then take advice. The union will help if your mother is a member.

As one of my friends famously says ‘work is something you do between weekends’. Is it worth taking high doses of drugs and ‘feeling like crap’ when, with the company’s help she could come to some workable compromise?

blondie

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Hi Blondie,

Thanks for a response.

I spoke to my HR manager at my job, she is CIPD and lots of other acronyms I don’t know about.

I told her my concerns:

a) Accessibility
b) Terminology used
c) General fact finding from the Bursar to my Mum prior to the OT appt.

In response to a)

The HR lady was mortified that they did not make alternative arrangements, the employer was very aware of the situation with my Mum yet did not accomodate her… I thought the idea was to make reasonable adjustments… :slight_smile:

In response to b)

The HR lady was astonished that they could have used this term, alike you she has said that prognosis to them is different to use, we’re obviously sensitive to the word. That said, she said the OT should have asked differently and the company should have been aware and sensitive to the issue too - they were made very aware around 5 days before of the situation.

In response to c)

The Bursar should not have asked any medical type questions, should not have asked about treatments and condition in a medical sense, only to get a general overview… nobody can do that without a medical qualification - regardless of if they have that kind of experience.

I understand they have to use an OT, it’s to see how Mum is and when she’ll be back… the timing is poor, it was short notice, her needs were not accommodated & lastly, questions asked were not really engineered for a terminal patient.

I spoke to the Bursar, voiced my concerns and she was only too apologetic, however, she still should not have asked ANYTHING medical on the phone to my Mum.

My concern as an outsider is… the initial phone call asking what anti-nausea she is taking and doesn’t she take any seems to be a little too direct, kind of checking my Mum is telling the truth. My other concern is, the appointment could have been avoided and all questions answered with a quick letter from OT to the Oncologis/GP - saving the hassle of trying to get there with the lack of accessibility.

That said… thanks for the response, I understand the capability ruling, however, I’ve been told cancer patients have slightly different rights (even to the DDA) - will check it out through one of the many cancer charities.

Many thanks :slight_smile:

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All the best in the negotiations. I hope your Mum gets a deal that suits her
blondie