Discounted absences

[Postaltony]

Just need clarification on the following.
A member goes absent with a disability. This triggers stage 1.
Stage 1 not issued because of disability.
Several months later a non disability related absence again triggers stage 1 review. This time it's issued and previously discounted disability related absence plays a part in the decision.
I believe this to be incorrect action by line manager who believes that the disability is under control. As part of the attendance agreement disability related absences are normally to be discounted.

[rehabron]

Just need clarification on the following.
A member goes absent with a disability. This triggers stage 1.
Stage 1 not issued because of disability.
Several months later a non disability related absence again triggers stage 1 review. This time it's issued and previously discounted disability related absence plays a part in the decision.
I believe this to be incorrect action by line manager who believes that the disability is under control. As part of the attendance agreement disability related absences are normally to be discounted.

You will need to check if the absence related to disabilty within the Equality Act that triggered the stage 1 review became a Stage1 review SUSPENDED.
Did the non-disability related absence on its own trigger the stage1 review without the inclusion of the previous disability related absence and/or these absences have totalled more than 13 days of absence.?
Absences that are considered to be within the realms of the Equality Act are NORMALLY discounted from the absence calculation where they have a long term adverse effect that differentiates them from others.
You will also need to check why the manager has stated that the disabilty is now under control as the disabilty could be fluctuating and reoccur and still relevant in being discounted.
As in previous forums for example if the absence was for diabetes type 2 as opoosed to type 1 this disabilty can be controlled by lifestyle changes and diatery therefore it could be that the initial absence for disabilty was for this type of absence then the manager is now rectifying his error and including the disability in the calculation but the outcome is still a stage 1 review which includes all absences uo to the date of the meeting for the stage 1 review.
If this is the case and the manager erred in not issuing a stage1 for the considered disabilty absence then that is his/her problem and needs to be brought to managers attention by your union rep at the formal stage1 review just in case a further attempt is made to include this absence should future absences take place.

[clashcityrocker]

I don't understand this "the disability is under control".
My disability is under control because I take medication to keep it that way.
Unless I told you you would never know I had the condition - but it is still a disability whether it is controlled or not.

[patrickstar14]

it would be unfair and inconsistent for the manager to now consider that previous absence which was covered under the Equality Act 2010 again if he discounted it before.
The manager is not in a position to be a doctor and decide that it is no longer considered a disability. The Equality Act protects ebb and flow of conditions and you are still protected.
The manager should discount the previous absence from the new AR1 again. A grievance should be raised for incorrect procedure and unfairness
Unless the new absence which is non disability is more than 12 days it should not be issued.

[Postaltony]

I totally agree with that. However, the member is extremely reluctant to submit a grievance because it would agravate their condition. Therefore the grievance procedure puts this person at a disadvantage.

[General Mannerheim]

I totally agree with that. However, the member is extremely reluctant to submit a grievance because it would agravate their condition. Therefore the grievance procedure puts this person at a disadvantage.

Well how else does he expect it to go?
He could not put one in and the decision would still stand and he'd still be on a AR1.
He or the rep/person helping him could try and have an informal word with the screw and inform them that your not happy with the outcome but you might as well talk to the wall.

Putting in a grievance is stressful for some people especially ones with anxiety /depression or work based stress but your not going to get these jimmies changing their minds without you showing that you mean business and any ill treatment for putting in a complaint will be seen as victimisation . also if you truly think that the grievance procedure is putting a disable colleague at a disadvantage then you could always go with a discrimination arising from disability claim at an ET.

[Creditshampoo]

Go to ET

[patrickstar14]

if you have a good rep in the office , he will do the grievance for that member and support them through the whole thing.
You have to exhaust all internal procedures before submitting an ET form as well.

[rehabron]

" postaltony" can you confirm if the absence which originally waived the Stage1 on disability was referred to OH Assist and their report which would have been sent to the referring manager and copied to the member clearly stated that in their opinion this absence was covered by the Equality Act 2010 ?

[Postaltony]

No the OHS was not contacted. If they had, I'm confident that they would have advised that the member would be covered under the Equality Act 2010. The member has had the condition for over 2yrs. And occasionally affects their ability to attend work and other situations.

[patrickstar14]

You wont get a referral to OH Assist now because of changes brought in last year. The only exception to this is when a single absence has lasted longer than 28 days.
The other route is to go to your GP and ask for written support

[rehabron]

You wont get a referral to OH Assist now because of changes brought in last year. The only exception to this is when a single absence has lasted longer than 28 days.
The other route is to go to your GP and ask for written support

Not exactly true.
RM reduced the amount of referrals to OH Assist in a cost savings exercise and utilised HR Sheffied as an interface instead but depending on the circumstances and the medical condition related to the absence they will still make referrals to OH Assist.
This may differ from office to office and the manager who is dealing with the case may prefer to use OH Assist to cover his/her rear end and avoid any repercussions that may ensue by using reports and recommendations from a source whose medical knowledge is very limited to say the least and from a writer who holds no medical qualifications.

[patrickstar14]

You wont get a referral to OH Assist now because of changes brought in last year. The only exception to this is when a single absence has lasted longer than 28 days.
The other route is to go to your GP and ask for written support

Not exactly true.
RM reduced the amount of referrals to OH Assist in a cost savings exercise and utilised HR Sheffied as an interface instead but depending on the circumstances and the medical condition related to the absence they will still make referrals to OH Assist.
This may differ from office to office and the manager who is dealing with the case may prefer to use OH Assist to cover his/her rear end and avoid any repercussions that may ensue by using reports and recommendations from a source whose medical knowledge is very limited to say the least and from a writer who holds no medical qualifications.

I am afraid in the office I work in, the managers tell us they cant refer anymore so this option is not available.
They will go to HR for advice I know that ,and a grievance is the only answer if managers do not do things properly