Stage warning then covered under equality act.

[theotherone]

Firstly I was given a stage 2 after being off for 6 months.I was still being referred to OH after returning to work and have now sent the final report to the DOM and me.
The final report says that in OH's opinion I'm covered under the the equality act.
The final report was useless in the fact that they were asking about what reasonable adjustments could me made after I had returned to work.
The main point is if the final report was made before I returned to work, then I would of argued that I was covered under the equality act and a stage 2 could of been possibly avoided.
Is it worth appealing the stage 2??

[clashcityrocker]

You can't appeal it.
You could put in a grievance but I wouldn't bother.
The fact you are covered under the Equality Act will save you if/when you get to the RTU.

Why was a stage issued if the underlying cause of the absences was still under investigation?
Where was the rep?

[theotherone]

Thanks for the reply.Wasn't until I posted that I thought I bet I can't appeal it,I know you can't a stage one but wasn't sure on a 2.
No rep I was fulling expecting to take the stage 2 on the chin so didn't bother at the time.
I had already had a row with the DOM and was threatened with Gross misconduct for marching in to his office so I was tired of arguing on top of poor mental health and just took it on the chin for my own peace.
You're right though If god forbid it does go to stage 3 then I can bring it up then.
Just annoying really because if I had the report 2 weeks before then would of made a difference.

[ninja]

You should put a grievance in on the grounds of disability discrimination. The attendance procedure has whole section explaining the process managers have to follow when dealing with equality related attendance.

They may ignore the grievance and then you would raise with acas to help resolve the issue.

Ultimately by doing so the warning should be removed.

[k979aaa]

You should put a grievance in on the grounds of disability discrimination. The attendance procedure has whole section explaining the process managers have to follow when dealing with equality related attendance.

They may ignore the grievance and then you would raise with acas to help resolve the issue.

Ultimately by doing so the warning should be removed.

Also the grievance could be presented to and RTU should they use other tactics by not trying to evacuate you from the business through your sickness record.