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Stage 3 - should i pack my bags?

25 Mar 2019, 18:58

Hello,

I have a good attendance history up to roughly a year ago where i started catching every thing going and being on sick for a day or two here and there. Got issued a stage 1 and didn't think much of it due to never being on one before.

Then my back went and after a MRI was diagnosed with disc degeneration on my lowest disc causing a bulging onto my nerve, i couldn't even use to loo on my own or get dressed! was off for a month and then came back to work on indoor duties and slowly built up to full duties, manager were ok with me and kept me from going on duties with lots of steps or hills, i has 1 days physio through work and was issued a stage 2.

Then i started catching every bug there was and going to work with colds, hand foot and mouth which i caught of my kid causing blisters on my feet but still managed to go to work until i got a got a bad case of flu (in bed shaking and sweating!) .... now only being 1 attendance away from stage 3 and boom my back goes without warning on Monday morning a few weeks ago. Cant stand up straight but after 3 hours managed to get a lift into work but was sent home due to not being able to do anything and i was in a lot of pain. I returned to work a lot quicker as i got onto the pain killers and anti inflamatorys straight away and didnt try to work thorugh the pain and rested, Been back at work doing indoor duties and even overtime for them and now back on normal duties without needing any medication.

the above triggered stage 3 and had a OH assist call which i thought was going to be a full conversation of what i can and cant do and how my bad disc affected me but only lasted 10 minutes and basically one sentence about my disc and then a paragraph saying how i am fully fit and have no underlying health issues and shouldn't need any more time off as nothing wrong with me!

Rang my own doctor who is writing up his own report so fingers crossed that helps me but apart from that it seems like the odds are stacked against me......Got a few weeks before a interview but not holding my breath for a positive outcome.

Area rep is good but very busy and i hate bugging him with my worries all the time hence posting on here for other peoples advice or opinions on my situation


Stage 3 - should i pack my bags?

25 Mar 2019, 19:05

make sure you get the area rep involved.
they will go through every stage warning and if anything is wrong ( and normally there is always something done wrongly by the DOM ) they will get it thrown out.

your Doctors report will be worth far more than OH Assit's.

good luck and keep us posted :)

Stage 3 - should i pack my bags?

28 Mar 2019, 18:00

sounds like you have a very strong case, all your absences are from the same issue. Not sure what the OH is talking about if you have already been diagnosed with disc degeneration and havent gotten any treatment for it outside of physio. If the dr confirms this, then I cant see you getting sacked, however you would be a strong candidate for IHR.
What did you tell the OH that they think nothing is wrong with you ?

Stage 3 - should i pack my bags?

29 Mar 2019, 16:37

Dismissals for the first time are quite rare and the union has a good record on this and fighting a stage 3. Don't forget you have a right of appeal to the stage 3 as well.
Remember to put it in if it goes to an appeal and you have 3 days only.
Sound like an Equality Act 2010 issue also

Stage 3 - should i pack my bags?

31 Mar 2019, 20:47

Ditto what Doorstepped said.
Go for your area rep & get advice from your regional rep.
The slightest anomaly in the whole process (which is very common) & RM will not dismiss you.
If I'ts in their interests to i.e if your FT or do the job properly which makes you slow compared to a 'runner' then sadly they may dismiss you but an appeal with your GP's evidence & possibility of a protected characterist then they have to balance the threat of litigation from ET against the lesser threat of putting you back on a stage 2.
It all looks in your favour as long as you get the correct advice & follow it.
Good luck!

Stage 3 - should i pack my bags?

04 Apr 2019, 22:23

Please let us all know the result
Hopefully good news
Good luck

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