fit to work but sent home

[stupidboy]

i've recently been told by my dom to go sick. i've a long history of medical condition covered by disability under the equalities act. i don't want to go sick as there are things i can do and i have a note from my gp stating i am fit for work with amended duties, this is what my last ATOS report also states.
if my dom continues to ignore this and makes me stay home would this be on my sick record.i don't think it should as i'm quite willing to work the amended duties that are recommended.
this is the latest in a long line of me being messed about, they are keen to get me out on ihr.

thanks for reading

[weirdo]

Seems a bit odd to me.
Firstly, if your'e in the Union, ask your Rep, what he thinks.

Managers, as a rule don't usually tell people to go sick, which leads me to surmise that there are other issues a foot, nether the less, I can only go on what you have written.
1. talk to your Rep
2. phone Hr 0845 606060 3, which seems to be a waste of time, but, just go through to the managers line about RM procedures, and explain to the person at the end of the phone, what your querie is.
3. contact your local job centre or DWP office and lodge yourself as a Disabled person.
4. lodge a Greivance against your line manager via your second line manager
5. justsayit. Email Moyas office, I know it sounds funny, but honestly, I've Emailed a couple of times, and the next day s**t starts happenning.

Also, in your greivance, ask the question, as to where was your manager trained in Sickness procedure? ask for documentation to support this. sh***s the life out of them.

Good luck.

[IcanthelpthewayIam]

bit of a tricky one this, if you are currently on a fit note, if your duty is an outdoor walking postman and fit note states only fit for indoor work and there is no indoor work availibly then dom would be entitled to say stay home on sick,

if however you have an illness covered by the dda and has been assessed by atos then dom should attempt to make reasonable adjustments to enable you to work

what i am trying to say is if you have only simply twisted your ankle for example and cant work outdoors but are willing to work indoors but no work availible then DOM is entitled to send you home and you would accrue sickdays in line with abs procedure, but if the reason you are not able to work out doors is related to your dda(equality act) issue then thats a different ball game

[REDLETTER]

I thought that if the sickness is related to your disability then it should not used as part of your sick record. It can be noted, but cannot be used in relationship to your attendance.

[keithposty]

I thought that if the sickness is related to your disability then it should not used as part of your sick record. It can be noted, but cannot be used in relationship to your attendance.

the statement above is correct, you are exempt due to your protected characteristics,
but only for the condition under the DDA (EQUALITIES ACT)

[NumptyBumpty]

I thought that if the sickness is related to your disability then it should not used as part of your sick record. It can be noted, but cannot be used in relationship to your attendance.

the statement above is correct, you are exempt due to your protected characteristics,
but only for the condition under the DDA (EQUALITIES ACT)

Just be careful with that advice, a disability doesn't give you a license to be as absent as much as you like. It only has to be a "reasonable" adjustment, so if the amount of sickness starts becoming unreasonable then it can be counted. What deems as unreasonable is another question.

[REDLETTER]

I thought that if the sickness is related to your disability then it should not used as part of your sick record. It can be noted, but cannot be used in relationship to your attendance.

the statement above is correct, you are exempt due to your protected characteristics,
but only for the condition under the DDA (EQUALITIES ACT)

Just be careful with that advice, a disability doesn't give you a license to be as absent as much as you like. It only has to be a "reasonable" adjustment, so if the amount of sickness starts becoming unreasonable then it can be counted. What deems as unreasonable is another question.

Just like being classed as "long term sick" after 2 weeks

[feduppostie]

I had this once and they also told me to go sick

I then told them I would as soon as they provided me with the instruction in writing for me to present at any stage meetings - stating that I had presented myself as fit for indoor work as covered by a valid fit note - and that they had instruted me that there was no work and to go home sick

10 mins and much whispering later I was told they had found me some work and I stayed inside until I was fit for duty

just saying ......................

[IcanthelpthewayIam]

I had this once and they also told me to go sick

I then told them I would as soon as they provided me with the instruction in writing for me to present at any stage meetings - stating that I had presented myself as fit for indoor work as covered by a valid fit note - and that they had instruted me that there was no work and to go home sick

10 mins and much whispering later I was told they had found me some work and I stayed inside until I was fit for duty

just saying ......................

your lucky, if they had not been able to find you any indoor work, then they could have given you your letter, sent you home and the days off would still count on the abscense procedure, just because your fit enough to do some sort of work doesnt mean the days dont count, if your employed to be a delivery postman and cant fulfil that duty then your liable to get sent home if no alternative work is availible regardless how willing you are to work indoors

[keithposty]

I thought that if the sickness is related to your disability then it should not used as part of your sick record. It can be noted, but cannot be used in relationship to your attendance.

the statement above is correct, you are exempt due to your protected characteristics,
but only for the condition under the DDA (EQUALITIES ACT)

Just be careful with that advice, a disability doesn't give you a license to be as absent as much as you like. It only has to be a "reasonable" adjustment, so if the amount of sickness starts becoming unreasonable then it can be counted. What deems as unreasonable is another question.

WITH ALL DUE RESPECT NUMPTYBUMPTY

unless you have done the disability champions course, please refrain from posting inacurate advice, so to answer your question

any employer is entitled to expect regular attendance from its employees, that goes without question. but if your absence relates to your disability it is covered under the DDA NOW EQUALITIES ACT, the employer needs to consider reasonable adjustments, flexible working pattern, and time off for appointments and any treatments.

an employer WHO DISMISSES an employee because of there disability RELATED ABSENCES will be acting unlawfully and will be subject to a claim of discrimination arising from there disability. it is in an employers best interest to discount all disability related absences when following the attendance procedure.

Cox v. Post Office (case no. 1301162/97)

In the case of Cox v. Post Office (case no. 1301162/97) an
Employment Tribunal found that the employer, a large
organisation, could reasonably cope with the claimant’s
absences for reasons of asthma and that therefore these
disability-related absences should be disregarded, as a
reasonable adjustment. This approach was then followed in a
number of subsequent tribunal rulings.

[clashcityrocker]

They wouldn't dismiss anyone for disability related absences but if the absences became excessive you can bet your bottom dollar they would look at IHR.

[keithposty]

They wouldn't dismiss anyone for disability related absences but if the absences became excessive you can bet your bottom dollar they would look at IHR.

i totally agree that sentance

they have been trying with me for the last 18 months

[fishtank]

http://www.whatdotheyknow.com/request/7 ... cedure.pdf" onclick="window.open(this.href);return false;

Absences, which are incurred by employees who are disabled in accordance with the Equality Act 2010 and which, in the view of the Occupational Health Service, are related to their disability, will normally be discounted. However this may not always be the case and the employee’s manager should always seek advice from HR Services, Advice & Support and the following should be noted:

 These absences will still be recorded on the employee’s sick absence record.

 The line manager will still carry out return to work discussions, explain that the relevant absences have been discounted and discuss whether assistance from Occupational Health Service or Royal Mail would help with disabilityrelated attendance problems, including consideration of any reasonable adjustments.

 Absences which are disability-related may be counted where it is justifiable to do so (and the manager should take advice on this at any Stage under the procedure ) and in these circumstances the employee should be given advance warning that future absences will no longer be discounted and the reasons recorded in writing.

[keithposty]

Absences which are disability-related may be counted where it is justifiable to do so

i would like to know under what circumstance they are able to do that

nobody is denying that disability related absence can be recorded on the employees sick record

ITS ISSUING STAGE WARNINGS THAT'S RELEVANT

THE CASE LAW ABOVE SUPPORTS THAT

[fishtank]

Absences which are disability-related may be counted where it is justifiable to do so
i would like to know under what circumstance they are able to do that

Say a member has a condition that makes them more susceptible to flu-like illnesses.
ATOS will give RM a rough ball-park figure of how many of these flu-like illnesses it would be reasonable to expect someone with this condition to pick up in a 12 month period.
That is considered a reasonable adjustment under the Equality Act.
Move outside this reasonable adjustment and RM could argue it was a justifiable stage.
You would do well to listen to Numpty...she knows what she is talking about.