Letter written to Kingshill Management - Fiddaman plays the victim

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T&GWU, Rover and Disability Discrimination
Report by Bob Fiddaman
Published: 04/09/01

How can a T&G member be treated like this?
I am astounded to read Rover’s stance on Diversity issues when clearly they are failing to adopt the policies that they preach.

We were recently invited to fill in a survey from Kingshill Management Consultants. I filled in the questionnaire and also sent a letter to them regarding my claim of Disability Discrimination against the company.

I have been made aware that there are more than 20 associates currently on the long term absence register, a register that clearly denies them the right to work once they are deemed fit enough to return to work.

Please find a copy of the letter below

Regards

Bob Fiddaman









Letter written to Kingshill Management
Dear Sir/Madam,

http://www.labournet.net/ukunion/0109/rover1.html


I read with interest your survey on ‘Diversity’, which was posted to me on 13th August 2001.

It is with regret that I have to inform you that I have received treatment of a discriminatory manner during the past two years by Rover/Ford management, T&G Union officials, Rover board of Trustees and the Occupational Health based at Solihull.

In 1996 I became too ill to continue working. Investigations were made into my ailment and it was found that I was suffering from osteoarthritis of both hips. After a lengthy absence I was placed on the Long Term Absence Register of Associates and there I remained until about 2 months ago!

Both management and Union officials were made aware that I was deemed fit enough to return to work over two years ago but despite constant requests and the threat of legal action Rover/Ford refused to allow me to return stating that there were no vacancies for me.

The Occupational Health Department, whose role is to help people back into work, requested appointments with me during my time off. Once my sick pay became exhausted they didn’t reassess my situation for a further 11 months!!!

I applied for Ill Health Early Medical Retirement but was refused because I did not meet the Trustees criteria. I appealed against this decision but for some strange reason my appeal was NEVER processed!!

I enquired about a voluntary redundancy package but was told that persons on the Long Term Absence Register whose sick pay had exhausted, could not apply for any form of Voluntary Redundancy packages.

So there I was, ready and willing to return to work but no job could be found for me. I could not apply for VR because the Company have an agreement with the Union that persons whose sick pay has exhausted are not allowed this right. My application for Early Medical retirement was turned down and my appeal was never processed!

It was then that I sought the advice of a Disability Employment Adviser, who telephoned my Personnel Operations Manager and more or less told her that if they didn’t at least look into the prospect of making reasonable adjustments or exploring the P. A. C. T Scheme then they could be contravening the Disability Discrimination Act 1995. No notice was taken so I then sought the Legal advice of an Employment Law Adviser who agreed to take my case on.

During this time my legal adviser liaised with the Solicitor acting for Rover and was told that I could reapply for ill health early medical retirement. I did this and was happy to be told by letter that my retirement date was set for June 30th 2000 and I was to receive a lump sum and an annual pension. You can imagine my delight as I thought at last this nightmare is over. A week or so later my legal adviser telephoned me to say that the Board of Trustees had decided NOT to grant me Ill Health Early Medical retirement after all. On asking them why they just told us (my legal adviser and I) that I did not meet the criteria.

I did everything in my power to get myself back to work but was told that there was no job suitable for me due to my restrictions (Osteoarthritis of the hips).

After an Interlocutory Hearing at the Employment Tribunals I have been made three ‘derogatory’ offers by Rover/Ford regarding a compensation payout due to the way they have treated me. They have kept me out of work for over two years and their first offer was not even a year’s wages!!! More importantly the offer was compensation only and NOT a job back!!!

About 3 months ago my plight was highlighted in The Sunday Mercury and the following week another Rover worker came forward to say that he had been off for 6 years and he had also been trying to get back. Strangely I was offered a job only four days after the second story ran and the other Rover Worker is now also back at work.

Once back at work I learn of Managers taking attractive Voluntary Redundancy Packages only to return to work for Rover some months later under a different Job Title. I also learn that Rover/Ford have a skills centre (commonly known as the pool) where associates are placed if no work can be found for them. This, I believe, could have been a reasonable adjustment. I also learn that there have been a number of jobs that have been filled by employees on the LTAR whose sick pay HAS NOT exhausted.

My Employment Tribunal is due to be held in January 2002, my union do not want to know and I am expected to foot the legal bill, which currently stands at just over £12,000.

Since I have been back at work I have learned about the Diversity programme currently being run and I have made enquiries of how to become more active, as yet I have had no feedback from the HR Department.

So receiving your questionnaire through the post this morning fills me with great sorrow as the very same people who have been discriminatory towards me over the past two years or so endorse it.

Drastic changes need to be implemented within Rover/Ford. An attitude of what a Disabled Person can offer the company rather that what he CANNOT offer the Company needs to be taken. The Long Term Absence Register is a sham; it is basically a heap to cast associates on to. The Union claims that they have reached an agreement whereby no person can get the sack due to lack of jobs, keeping someone on the Long Term Absence Register illegally is far worse than getting sacked.

My wife has had a complete nervous breakdown, my three children have suffered and I failed in an attempt at suicide because of the way Rover/Ford have treated me.

To recap:

I became ill in 1996
Was deemed fit in the spring of 1999
Was told there were no suitable jobs for me
Was turned down for Ill Health Early Medical Retirement
Was refused a Voluntary Redundancy Package.
I have filled in the questionnaire as requested but do not anticipate that anything will change. The Diversity programme is a good idea but as long as you have bigots in the workplace you will not stamp out discrimination in any form.

You may contact me if you wish to discuss this matter further or you can brush it under the carpet. I intend to blow the lid on the way I have been treated by Rover/Ford when my tribunal is heard in January 2002. Then, and only then, will people understand what a bunch of hypocritical bigots are working within Rover/Ford.

Yours sincerely