hip surgery stage 1 warning

macetheace · Post by **macetheace** » 04 Dec 2016, 23:54

I need some advice in june I had hip replacement and was off work for 120 days I had my back to work interview and was just.getting back into the swing of things when out of the blue I was told that a meeting was being set up between myself my lino and an outside manager about going on a stage 1 warning .....anyway to cut a long story short I was issued with it ...my local rep said to.take an act of agrievence out on both of them as its put under corrective surgery I have worked for rm for 30 yrs and feel right pissed off with them is there anyway that I can threaten them besides the grievence act so that they know what it like.....cheers lads

rehabron · Post by **rehabron** » 05 Dec 2016, 00:34

macetheace wrote:I need some advice in june I had hip replacement and was off work for 120 days I had my back to work interview and was just.getting back into the swing of things when out of the blue I was told that a meeting was being set up between myself my lino and an outside manager about going on a stage 1 warning .....anyway to cut a long story short I was issued with it ...my local rep said to.take an act of agrievence out on both of them as its put under corrective surgery I have worked for rm for 30 yrs and feel right pissed off with them is there anyway that I can threaten them besides the grievence act so that they know what it like.....cheers lads

Your hip replacement by the nature of your work would be work related and you have as your rep has stated undergone hip replacement as corrective surgery to enable you to continue on your duty and assist you in completing your walk minimising the pain and discomfort had you not gone for this surgery. The issuing of a formal stage 1 is not mandatory and is left to the discretion of your manager who is supposed to take into consideration ant mitigating factors before making a decision. In your case this has clearly not happened and I don't understand why an outside manager was involved at this stage unless your lino has not been trained on the attendance procedure and this you need to investigate. Should you be unfortunate to accumulate absences to a stage 3 where the appeal kicks in an independent appeals manager on looking into all the stages will see that the issuing of a stage 1 for corrective surgery to enable you to benefit from this surgery and the work involved will revoke the stages.

hans solo · Post by **hans solo** » 06 Dec 2016, 06:11

they would sack you in west of scotland office for this

ruralscum1 · Post by **ruralscum1** » 06 Dec 2016, 10:13

Surely a hip replacement is covered under the equality act as I had a shoulder replacement and that is .In which case the absence should be discounted when deciding whether the standards have been met. I would put in a grievance and tell them if its not cleared you will contact acas about disability discrimination.

Chelseablue · Post by **Chelseablue** » 06 Dec 2016, 14:07

So if youre covered under the equality act and been off long term they cannot give you. A 1st stage warning ?

macetheace · Post by **macetheace** » 06 Dec 2016, 14:22

The grievance has been put in just waiting for a phone call now to set another meeting up with my lino union rep and the outside manager

ruralscum1 · Post by **ruralscum1** » 06 Dec 2016, 15:55

Does an employee’s absence count as part of the formal attendance process?
Any absence that is considered to be related to an employee’s disability will still be reviewed
but should normally be discounted as part of the formal attendance process.Taken from the attendance procedure

ruralscum1 · Post by **ruralscum1** » 06 Dec 2016, 15:58

ruralscum1 wrote:Does an employee’s absence count as part of the formal attendance process?
Any absence that is considered to be related to an employee’s disability will still be reviewed
but should normally be discounted as part of the formal attendance process.Taken from the attendance procedure

• Absences arising from disability will normally be discounted when deciding whether the standards have been met

fishtank · Post by **fishtank** » 06 Dec 2016, 17:12

A hip operation is not in itself a disability, neither is it necessarilly work related. Corrective surgery can be a mitigation but the length of absence will also be a factor. Even with a registered disability length and number of absences are assessed and stages can be given if either are felt to be excessive, there are documented cases in royal mail of reviews being issued after a heart attack...I kid you not.

Chelseablue · Post by **Chelseablue** » 06 Dec 2016, 19:27

Does not make it right though. Its a slap in the face for all the hard work youve put in physio wise and mentally to get back to this caring company . ,,

DB1100 · Post by **DB1100** » 06 Dec 2016, 19:35

30 years service and you get treated like that,doesn't that just inspire you to go that extra mile,you don't see this shite in the courier.

Post by **celtic1967** » 08 Dec 2016, 18:09

They should be rolling out the red carpet for you returning after hip replacement, not issuing stage warnings

Jupitor5 · Post by **Jupitor5** » 13 Dec 2016, 15:52

If you've triggered a warning it will almost always be issued. Had a car accident (not my fault) had to have 5 months off but was still issued a stage 1.

macetheace · Post by **macetheace** » 13 Dec 2016, 16:12

Did you fight it.....I ve spoken with acas and they have said I have a very good chance of suing my management team my surgeon has said that a hip replacement is a disability because there are certain things you can not perform ie low letter boxes

feduppostie · Post by **feduppostie** » 14 Dec 2016, 19:52

macetheace wrote:Did you fight it.....I ve spoken with acas and they have said I have a very good chance of suing my management team my surgeon has said that a hip replacement is a disability because there are certain things you can not perform ie low letter boxes

Suing them? That would seem harsh, you would have to consider first

You would have to prove that work alone caused the deterioration and nothing else, and that you took every reasonable step to prevent it, if you play any sports ( or did when you were younger) ever had warnings for not using correct footwear, equipment ( were you using a trolley after they were introduced on delivery) or did anything outside work that could cause or add to deterioration of the hip then all of these could be used to say work was not the primary reason for the injury, when did you bring the injury to your manager's attention - did you ask for light duties, were reasonable steps taken by your manager and you to alleviate the symptoms before they got to the point of needing surgery? and of course your age - could it be wear and tear - what were the conditions of your return, were you happy with them?

I'm not saying you have done any of these, just suggesting what a counter argument could be, it is after all only a stage 1 it's not like they have sacked you or IHR you against your wishes ( indeed should IHR become an option down the line an issued stage 1 might actually aid it)