Accident at work

[postghost]

Could anyone provide me with a link to the official agreement that states that management do not have the discretion to decide about accidents that happened at work.

See following: http://www.royalmailchat.co.uk/communit ... nk#p184633" onclick="window.open(this.href);return false;

Thanks in advance

[coxie]

The tribunal found the agreement with the trade union did not provide management with discretion to decide about absences caused by accidents at work.

i see that in the article but dont know where the official document is, i guess you would have to read through previous agreements if no1 here can direct you to it

[TrueBlueTerrier]

ATTENDANCE PROCEDURE

At every stage of the procedure there is an opportunity for employees to provide an explanation for their absence(s) and for mitigating factors to be fully taken into account. Accidents which happen in the course of Royal Mail work would normally be discounted.

[Thunderthighs]

What if....AOD's are the cause of a long-term injury, which is still being treated by Physio/Consultant meeting in a few weeks, but...
You fell at home? (The injury is more than likely to be connected to the cause of the fall, as instability is still prevelant.)

The injury caused by AOD - and admitted by RM that they were "Liable" - MUST still be present when on Duty, at Home or anywhere else!!!
It doesn't miraculously go away !!!

So, is it posssible to use this aspect as "Mitigating Evidence" for a Stage 1 meeting?
6 doctors, 6 physios, 2 consultants, 1 registrar HAVE ALL noted the injury was caused by AOD's, nothing else.

NB: There has got to be an alteration in RM Absence policy, between an accident AND AOD that demands sick time off work.

[TrueBlueTerrier]

Not a rep or a H&S expert but I would say yes ask it to be taken as a mitigating factor it can't hurt and it will have to be recorded as well.

[Thunderthighs]

TA TBT from TT. SO, TTFN.

[pcb]

First ensure you register the AOD with the Industrial Injuries Disablement Benefit on 0800 88 22 00. They will send out a booklet which you fill in and send back. They will then decide weather its an industrial accident or not. This helps with claims. At stage 3 level your Area Rep should be able to put forward reasons not to dismiss. The case of McAdie v RBS(2007) EWCA Civ 806 states that an employer "should go the extra mile" in looking for alternatives to dismiss. hope this helps.

[Thunderthighs]

Yep, got the DSS/DWP letter saying Industrail Injury etc, TA!
Got 2, need another one for the full set, LOL!
Will present these to the Boss asap.