Advice re dismissal please

[Miley]

Hi, I am wondering if anyone could advise my husband on a situation he has at work.

Background

Hubby was diagnosed with Crohn’s Disease & Auto Immune Liver Disease in December 2000. At the time he was working full time. He continued in this work (with absences when he had flare-ups) until May 2003, when it became impossible for him to carry out his duties. He left the company & went on Incapacity Benefit. In 2006 his conditions had settled down enough for him to consider returning to work. He was taken on by Royal Mail in December 2006, as a part-time Postman. This was on a 6 days on, 6 days off rota. Hubby was totally up front about his medical conditions, and was also given a medical before a contract was offered.

Absences

March 2007 – Diarrhoea & Vomiting (says 4 days lost but we are sure it was 3)
June 2007 – Liver Disease 1 day
October 2007 – Migraine 2 days
December 2007 – Stomach Upset 1 day
February 2008 – Crohn’s Disease – 7 days – hospital admission
March 2008 - Crohn’s Disease – 2 days
May 2008 - Crohn’s Disease – 3 days
May 2008 - Crohn’s Disease -3 days
October 2008 - Crohn’s Disease- 3 days
January 2009 - Crohn’s Disease- 3 days – hospital admission

Jan 2008 – Stage 1 triggered
March 2008 – Stage 1 not issued
May 2008 – Stage 2 triggered
June 2008 – Stage 2 warning
January 2009 – Stage 3 triggered

Letter received 15/04/09 – dated 01/04/09 – Giving consideration for dismissal on the grounds of unsatisfactory attendance. States “Your sick absence record has been referred to the Employee Health Services Doctor who has forwarded a report (copy attached) and there does not appear to be any underlying reason for your absences.

Attached letter dated 5th February by Employee Health Services Doctor states;

“As managers are aware, from previous reports, Mr ****** has underlying intestinal (Crohn’s Disease) and liver conditions, both of which are treated by a specialist, with various immuno-suppressant medications. Despite this treatment, both are likely to remain prone to unpredictable relapse over time. A recognised side effect of his medication is suppression of the usual immunity to common infections, although I note no such absence in recent times. If the effects of his medication were to be disregarded, he would be seriously ill and impaired long-term for all activities of daily living. It is therefore likely that he would be considered to fall under the Disability Discrimation Act (DDA) 1995 (as amended 2005) for both conditions.
All absence periods are related to the underlying problems, except the two days in October 2007, due to migraine.

Where to go from here? In our opinion, Royal Mail has totally contradicted themselves. Does hubby have a case for unfair dismissal if on Friday they decide to sack him? I really don’t know anything regarding employment law but this just doesn’t seem right to me that they can do this.
This was posted on another forum and a kind member redirected me here, saying you all know your stuff  Any advice would be appreciated please.

[Throgg]

Jan 2008 – Stage 1 triggered
March 2008 – Stage 1 not issued
May 2008 – Stage 2 triggered
June 2008 – Stage 2 warning

I'm a little bit confused. How can a Stage 2 be triggered if the Stage 1 was never issued? The only thing that could be triggered in May 2008 is another Stage 1.

[brothermagrew]

On the presumption that he is a member of the CWU then the question is? What advice has your hubby been seeking from his trade union representative, branch or legal department.

[mailsort6]

If your husband is in the CWU they should be dealing with this. The sick absences for your husband all fall under the Disability Discrimination Act except for when he was off for vomiting and a migraine. Have the company made any reasonable adjustments for him at work? I have noticed from your posting that he has had stages not given. If your husband is dismissed appeal against it, on the grounds of disability discrimination. What I cannot understand if your husband was not issued a stage 1 in march, how has he ended up on a stage 2 and Stage 3 if he was never given a Stage 1. By rights it looks like he should be on a stage 2, I would check this out.

[HootyMacBoob]

What I cannot understand if your husband was not issued a stage 1 in march, how has he ended up on a stage 2 and Stage 3 if he was never given a Stage 1. By rights it looks like he should be on a stage 2, I would check this out.

What I have found in past cases mailsort is a lot of our members dont take a rep in with them for stage 1 and 2's so the manager chances there arm issues them and lets some 1 else sort out the mess further down the line.
PS My advice to all our members is always take a rep in with you to any meetings with a manager not just on sickness thats what you pays yer dues for.

[Miley]

Hi, many thanks for your replies.

Unfortunately OH is not in the CWU.
Having been through all the paperwork that was sent (in a letter dated 01/04/09, that was actually recieved yesterday - giving him 2 days to prepare!), there seems to be a lot of confusion. The stage 1 was actually issued, my mistake on 1st post, it should have said stage 2 not issued. The employee absence report's date of action and key to action taken codes do not corrolate with the paperwork.
Date of action 26/01/08 Stage 1 warning. Letter states "On 01/09/07 you were issued with a 1st stage"
26/03/08 Stage 2 not issued
07/05/08 Stage 2 triggered
30/06/08 Stage 2 Warning - However Attendance Procedure 2nd Stage Warning Interview took place 10 days after the warning was issued on 10/07/08 ! Also, at the bottom of this interview report , it says "As a result of the interview I have decided to issue a 1st stage warning." It also says "Whilst I do not doubt what Mr ******* says I will request an EHS appointment to officially establish the facts of Mr ******* case so that we all know where we stand. Following the receipt of the EHS report I will liaise with the DOM to ensure any reasonable adjustments are made. The implementation of such reasonable adjustments should enable Mr ****** to avoid moving onto Stage 3 of the absence procedure."

No such appointment or adjustments were made. Stage 3 was triggered 28/01/09 according to the absence report (Why was OH not informed until yesterday?), after OH had been admitted to hospital for 3 days. The letter from ATOS is dated 5th February 2009, 8 days after Stage 3 was triggered and 7 months after Royal Mail said EHS would be contacted. This letter states "A certain degree of increased absence might be deemed a reasonable adjustment under the Disability Discrimination Act'. My head hurts from all of this

[HootyMacBoob]

miley check your personal messages

[mailsort6]

What I cannot understand if your husband was not issued a stage 1 in march, how has he ended up on a stage 2 and Stage 3 if he was never given a Stage 1. By rights it looks like he should be on a stage 2, I would check this out.

What I have found in past cases mailsort is a lot of our members dont take a rep in with them for stage 1 and 2's so the manager chances there arm issues them and lets some 1 else sort out the mess further down the line.
PS My advice to all our members is always take a rep in with you to any meetings with a manager not just on sickness thats what you pays yer dues for.

Yes! you are totally right HootyMacBoob. CWU members should always take a rep in with them on all stages or any interviews with a manager. or ask for advice if they are not sure of any issues. So many member end-up saying the wrong things in interviews or are told he wrong information which at times put them in a difficult situation especially when they are going to be dismissed.

[BELIAL]

Hi, many thanks for your replies.

Unfortunately OH is not in the CWU.
My head hurts from all of this

Best wishes an all that but ,WHY NOT. Obviously "it'll never happen to me" does not apply in hubbies case

[Miley]

Hi, many thanks for your replies.

Unfortunately OH is not in the CWU.
My head hurts from all of this

Best wishes an all that but ,WHY NOT. Obviously "it'll never happen to me" does not apply in hubbies case

Oh yes, what a helpful post

[brothermagrew]

Think you and your hubby need to seek immediate advice from a solicitor who is well versed in Employment Law matters and whilst being of no direct help you could take the time to view: http://www.employmentappeals.gov.uk/Pub ... 112003.doc" onclick="window.open(this.href);return false;

Best wishes and sincerely hope your other half has a successful outcome.

[BELIAL]

Hi, many thanks for your replies.

Unfortunately OH is not in the CWU.
My head hurts from all of this

Best wishes an all that but ,WHY NOT. Obviously "it'll never happen to me" does not apply in hubbies case

Oh yes, what a helpful post

What you give is what you get,Jack

[HootyMacBoob]

miley check your personal messages

[scottyb]

been in hubbys shoes got the teeshirt and all that s**t. would love to help but hubby is as a non union member and i dont see on the list where he has been off though I,A. OR U,I,A. im sure he will be fine as all those who never went on I,A get well looked after by royal mail.

[Broxi51]

Hi, I am wondering if anyone could advise my husband on a situation he has at work.

Background

Hubby was diagnosed with Crohn’s Disease & Auto Immune Liver Disease in December 2000. At the time he was working full time. He continued in this work (with absences when he had flare-ups) until May 2003, when it became impossible for him to carry out his duties. He left the company & went on Incapacity Benefit. In 2006 his conditions had settled down enough for him to consider returning to work. He was taken on by Royal Mail in December 2006, as a part-time Postman. This was on a 6 days on, 6 days off rota. Hubby was totally up front about his medical conditions, and was also given a medical before a contract was offered.

I am not able to offer any legal support but to me the facts are that RM knew of his condition and took him back. Therfore to me RM must offer support for this ailment. They cannot try and disregard it after taking him back on as a PTer. I am sure that the law would support your husband in any case against RM.
Good luck to you and your hubbie