Stage warning - Advice needed

[POSTMAN]

If you are issued a stage , are they not supposed to get you to sign it as well?

I never sign them when i get one,i refuse,nothing they can do about it.

[fishtank]

If you are issued a stage , are they not supposed to get you to sign it as well?

I never sign them when i get one,i refuse,nothing they can do about it.

It should either have your signature on it or "refused to sign" and the managers signature.
This one wont have either.....unless somebody's been very naughty.

[postietaz]

I'm due an op on my knee in the next few weeks (hopefully). Saw my DOM this morning regarding this and he said the op will trigger another Stage I have already had a Stage 3 interview for the bloody injury, so looks like I'm going to get another. All this crap I have to deal with for an AOD, makes me so Managers are also not adhering to the ATOS recommendations, they say ATOS report is too vague and I need to do a whole duty for operational reasons. You just can't win with this company.

Storm
I had an AOD, my knee as well. I have now had 3 ops, 18 hospital appointments, 2 private examinations set up by the solicitor, plus 8 physiotherapy appointments and about 20 lower limb class appointments.
I have had god knows how much time off for all this and because it was an AOD i haven't even been given a stage 1. After the first spell of time off i had an interview for a stage 1 with the Area Rep present and between him me and the manager we agreed as it was an AOD no action would be taken, so all this has been going on for the last 2 and a half years and i still have no stages.So my question is what are the Reps doing letting your Dom get away with this, it's not right and it's not fair that you should have to put up with it when you are just trying to get fit again. Good Luck

area reps name would be a bonus

[Geezer]

postietaz

Would only be a bonus if your in my area , but if you are and still want it i can PM it to you.

[ninja]

several points.

The mangers guidance notes tell them that all medical based issue should be refferred to ATOS before making a decision. Also you may have heard that AOD,disability are normally discounted from the attendance procedure. Operations are also mentioned as being normally discounted from the procedure.

Your manager should also give full rationale about his reasons to award or not the warning.

Any ATOS reports you are entitled too Data protections Act gives you this right.

It is possible that your knee condition is covered under the DDA, if you sufffered an impairment that affected your day to day mobility and lasted more then 12 months.

I guess you have a manager who just issues the warnings in the belief that they can't be challanged at the 1st & 2nd stages. Clearly if your ATOS reports indicate that you should be considered disabled then the threat of an ET, under the DDA should cause them to remove these warnings. The Grievance procedure could be attempted,but believe it or not, the attendance procedure is one of several agreements that are outside the remit of the grievance procedure, but still try this.

Once you have got your ATOS reports, if they are suggesting DDA status then please message me. I'm in talks with the head of RM concerning the shocking treatment DDA staff are having to face by front line managers.

Also as regards the interview stages I recently had a stage 3 that was 19months after his stage 2 interview. Some of you will be shouting that this is out of procedure and talk about the 12 month trigger points. I raised the same issues and said that this should be a stage 1 if anything, this manager agreed with me. Although on speaking with the appeals manager and cwu Hq, the true answer is that we don't have a time frame to deal with the interview or in my case my sickness of 1988 did trigger a stage 1 and so the managers would still be entitled to interview me about it. Perhaps a motion to con is in order

[Stormproof]

My ATOS report states that I'm not covered under the DDA, the paragraph on the report does'nt make any sense though My area H & S Rep thinks I should be covered by DDA as the injury is over 12 months. I've yet to look into this. Next week I will also be contacting the DWP to find out what % injury I was given at my medical assessment last year as it was'nt put in the letter.

[ninja]

My ATOS report states that I'm not covered under the DDA, the paragraph on the report does'nt make any sense though My area H & S Rep thinks I should be covered by DDA as the injury is over 12 months. I've yet to look into this. Next week I will also be contacting the DWP to find out what % injury I was given at my medical assessment last year as it was'nt put in the letter.

ATOS would have said you are unlikely to be covered by the DDA at this time, due to the 12 month rule. The rule does state that any condition that is likely to remain longer then 12 months and causes an impairment would meet this criteria. So if they said this then they are suggestion that you have an impairment, but ducking the issue of 12 month rule.

Tell RM that you require a face to face with the RM doctor to discuss your condition and then take the Equality officer for your branch or any rep to the meeting. At the meeting expalin your condition and the impairment it has caused (google DDA for advice) and that you believe that you are covered under the DDA. If they agree then write to the head of HR and inform them that you have suffered discrimination under the attendance procedure and so you wish for your record to be adjusted accordingly. Should they refuse then you could start an ET process.

[dados]

i'm also having fun & games with my knee injury,at this time the manager has had to "seek advice" about my case,some people in here say i should be getting stage 2,but i have had a letter from him inviting me back for his decision,basically i challenged him on how he can issue 2 stage 1's on the same injury,albeit 11 months apart.
On another note,whilst i was on the sick i went on a foreign holiday,i told the manager who said "yeah,no probs,you are on sick leave,you go on annual leave,then back on sick leave"i saw that the stage 1 was triggered after i came back from my hols,they have it as 2 periods of sickness with my annual leave in the middle down as back to work !!even tho i was covered all the way by sicknotes,they are havin a laugh

[ninja]

i'm also having fun & games with my knee injury,at this time the manager has had to "seek advice" about my case,some people in here say i should be getting stage 2,but i have had a letter from him inviting me back for his decision,basically i challenged him on how he can issue 2 stage 1's on the same injury,albeit 11 months apart.
On another note,whilst i was on the sick i went on a foreign holiday,i told the manager who said "yeah,no probs,you are on sick leave,you go on annual leave,then back on sick leave"i saw that the stage 1 was triggered after i came back from my hols,they have it as 2 periods of sickness with my annual leave in the middle down as back to work !!even tho i was covered all the way by sicknotes,they are havin a laugh

Seek advice should be via an ATOS refferral, since the managers guidelines tell them to refer if it is an medical issue. I guess his seek advice is with his DOM, if this is the case explain that he shouldn't be discussing your stage with anybody else,since he must decide to issue or not and give full explaination for doing so. ET's love to see you failed to reach the standards, since this clearly shows that they didn't take into account any mitigation and so outside of procedure.

As regards your leave the procedure again states that if your sicknote covers this period of annual leave then they have to give you this AL back and not do a little bit of fraud.