Stage 1/Equality act

[darren d]

Been awarded a stage 1 for a condition which Atos told me I would come under the equality act 2010.Can the DOM do this or can I get it overturned, as I know you have no right of appeal on a stage 1. Surely they cannot do this or can they?Thanks for any advice .

[DH73]

So long as you have a good rep, they should tear holes in any case for a stage 1. I'm covered by the act (Asperger's) our equality officer shot our manager down in flames when he tried to put me on a stage 2 - the absences were caused by RM bungling the introduction of delivery methods revision in our office. It's amazing what a good rep can do!

Contact your local branch office to find out who your equality officer is.

HTH

[darren d]

Thank you DH73

[graffi]

Get onto your rep ASAP and submit a grievance .....

Equalities Act 2010
"INDIRECT DISCRIMINATION Can occur when you have a rule or policy that applies to everyone but disadvantages a particular Protected characteristics"
sort of covers it all

[Postal1]

What i don't get is Dingo posted a list of people who received stages and those who didn't. There was quite a lot who never got warnings. My point is, the equality act says you shouldn't be treated worse than others so if rm policy was black and white where everyone got put on a stage warning when going over the trigger points then fair enough. However, dingo has clearly shown us this isn't the case so isn't this wrong of rm to give stages to people covered under the act?

[fishtank]

If a manager issues a stage for someone covered by the Equality Act in order to protect the business from an award at an Employment Tribunal he would have to show that he has already followed the guidance given by ATOS and disregarded what could be considered a reasonable amount of sick absence that could be expected with your condition.

That is a very difficult judgement to make and probably beyond the capabilities of most operational managers but it's not impossible.Having a condition covered by the Equality Act does not make you completely bulletproof but in most cases it's just management incompetence or sheer malice and unlikely to stand up in the long run..

Getting your Area Rep involved usually does the trick.

[Postal1]

But if you have a sick note issued by a dr then how can they state you are taking more time off than should be.

[clashcityrocker]

But if you have a sick note issued by a dr then how can they state you are taking more time off than should be.

Say, for instance you are asthmatic.
They have a big book of nonsense that says you should have 4 weeks off/year as a result of your asthma.
If you go over that threshold, even thought the illness is genuine, then you are having more time off than is deemed acceptable with that condition.
Consequently a stage can be issued.
Bollocks but there it is.

[General Mannerheim]

Get onto your rep ASAP and submit a grievance .....

Equalities Act 2010
"INDIRECT DISCRIMINATION Can occur when you have a rule or policy that applies to everyone but disadvantages a particular Protected characteristics"
sort of covers it all

There was a case brought up recently in which the employer(wonder who )lawyers tried using the defense of it was consistency of management and important economic and administrative considerations why they issued a couple of stages to a disabled worker.

[DH73]

My Mum's cousins' husband is a magistrate; he sits on industrial tribunals and told me that RM always lose because they foul up on some procedure or another. Royal Fail messing up something? Hard to believe, isn't it?

[Lateagainpostie]

One thing I can't understand is that I've got to a stage 3 because of depression, yet it's over 12 months since I had time off for a reason other than depression, as the depression is covered under the equalities act ( according to ATOS), should I be on a stage 3 ?