Returned November - Stage 2 issued February - Advice Please

[denisewilson13]

I have just been issued a stage two for work related stress, I came back to work last november but it has only just been issued, should it be backdated to november or does the 12 month warning start from today as stated in the letter I didnt sign? advice on official rulings would be greatly appreciated

[Red Robbo]

I have just been issued a stage two for work related stress, I came back to work last november but it has only just been issued, should it be backdated to november or does the 12 month warning start from today as stated in the letter I didnt sign? advice on official rulings would be greatly appreciated

I suggest you start a new thread for your problem your query does not match up to the topic in discussion however I am a little surprised that the employer waited 5 months to interview and give you a stage 2 particularly for work related stress. This type of absence would normally draw interest from ATOS and their opinion would be of some value because your absence would have mitigating circumstances and taken into consideration before issuing, did you have representation ?

[clashcityrocker]

I have just been issued a stage two for work related stress, I came back to work last november but it has only just been issued, should it be backdated to november or does the 12 month warning start from today as stated in the letter I didnt sign? advice on official rulings would be greatly appreciated

The managers instruction is to issue it from the date of the interview,
However the interview should not take place so long after the return to work.
It isn't in anyone's interests to leave such a long time between return to work and interview and this should have been raised at the interview.
A reasonable DOM would backdate it - which means they won't.

[denisewilson13]

I didnt get a return to work interview which I raised in both my stage one and stage two meetings, but that would be unfair not to backdate when I've had nearly four months clear of any sick

[denisewilson13]

yes atos have been invovled and the manager had full disclosure to my atos reports but still said I didn't give him enough to go on so issued it, the union rep I had has just started as union rep an to be fair I expected the stage as they do seem to give them out easily enough these days, but I do want it back dating to beginning of november when I returned to work, as it isn't my fault they waited nearly four months to do the interview

[TrueBlueTerrier]

I suggest you start a new thread for your problem your query does not match up to the topic in discussion

Good suggestion so I split the topic. Don't want this important thread lost in the static of the other one.

[fishtank]

Although it isn't in black and white the attendance procedure can be used to insist that the stage is backdated to the date of the interview.
The attendance agreement states that...All absences up to and including the day of the interview with the manager will be included in the overall review of absence for that stage and will not count towards the next stage of the procedure.
What that means is that from the day of the interview onwards all absences must be considered under the next stage of the attendance procedure therefore by definition your stage two must start from the date of the interview..
I've used it...it works.
Contact your area rep if they start pissing about.

[fishtank]

Sorry i misread your post and to be honest i had to read it again.
Do you mean you didn't actually receive your stage interview until now or they started it and suspended it due to lack of information.
If they started and suspended it the original date stands and my post stands.
If you haven't received an interview until now i would be looking to have the whole thing thrown out due to the time involved...
How can you possibly answer questions at a stage interview about an illness that happened 3 months previously?
I think there is a official lifespan of 3 months on a stage trigger but even if i was just inside it i would be arguing that it was unfair to ask a member to adequately represent their position after that length of time.

[clashcityrocker]

Although it isn't in black and white the attendance procedure can be used to insist that the stage is backdated to the date of the interview.
The attendance agreement states that...All absences up to and including the day of the interview with the manager will be included in the overall review of absence for that stage and will not count towards the next stage of the procedure.
What that means is that from the day of the interview onwards all absences must be considered under the next stage of the attendance procedure therefore by definition your stage two must start from the date of the interview..
I've used it...it works.
Contact your area rep if they start pissing about.

But the interview was in February and the return to work was 4 months earlier in November.
Had she had more absences between November and February they couldn't have counted towards the next stage due as you have cited and that would have worked in her favour.
The problem is she now has to go 16 months to clear the stage. She wants the stage to start from November when she returned to work.

[fishtank]

Hope it's a bit clearer now Clash.

[denisewilson13]

no it wasnt started then suspened....I returned to work 2 nov 2011, no return to work meeting, two weeks ago had a stage two meeting, then today had the results, I have been given a stage two as of the date of the meeting (two weeks ago) for the sick I had oct to nov 2011, had no further time off sick just that, time, have asked for it to be backdated and put in writing so I have confirmation its backdated, but are waiting to see if they will, just need to know if they have to backdate or or if they can legally refuse as find it unfair that I only just received it now.

[fishtank]

I'll be honest with you i would speak to your area rep about having the whole stage 2 removed never mind backdated.
I have never heard of a manager taking 4 months to start the stage process,i would doubt if he could come up with a valid reason to justify it,i think if you flag it up to your Branch the very least you would be looking at is having it backdated to the date you returned to work.
I think your manager may be in a spot of trouble also.

[Lincox]

I am smelling a rat here. Took my manager 2 months after return to work to issue a stage warning. Asked in writing to have it backdated without a reply. Manager moved on and queried with new manager. He said he rang hr who said all stages are from date of return to work. Is this yet another porky that I have been told and like a mug accepted?

[wandle]

If it isn't already in the Attendance Procedure, the CWU should insist on a clause whereby if a return to work interview is not conducted within a reasonable amount of time (say, a maximum of one week), then that absence cannot be counted towards the procedure.

Don't Royal Mail have a duty of care towards employees ? We had a lady who was off work with depression, who didn't have any return to work interview and was asked to drive a forklift on her first day back. If she'd had an accident and seriously injured somebody, and the investigation revealed she'd been taking medication that could have made her drowsy, would her manager not then be - legally speaking - negligent for not finding that out before asking her to drive ? The whole point of a RTW interview is to check that the employee is capable of carrying out a full range of duties, and more importantly, SAFELY

[Himaggen]

I have never heard of a manager taking 4 months to start the stage process,i would doubt if he could come up with a valid reason to justify it

A clever Manager may say that postponed the interview until such time as they were assured that it wouldn't further exacerbate their Employees stress condition!