Stage warnings

[jimmy555]

Hello i would like some advice on stage warnings, i was off sick for 2 months and came back to work in November 2010, I was given a stage 1 interview but never heard anymore ( issued or not issued), I was still under rehab and a doctors sick note when I went off sick with a related illness and am currently still off sick
Does anyone know what will happen, will I now be issued with the previous stage 1 and now be issued with a stage 2 or when I go back will I be re-interviewed for a stage1, the illnesses both come under the dda/equality act, and how are you registered with RM as coming under the DDA, on all of my ATOS reports it said that it came under the act but it would be a matter for tribunal to decide.
Thanks

[coxie]

if your stage was issued and you have had this absence over 10 days then they will try to issue a stage 2, if they do you need union backing to argue that by not informing you that it was issued and getting you to sign the paperwork that they have not followed proceedure as it is unfair to give you a stage 2 when you were unaware you were even on a 1. They will probably try it but fight it

[jimmy555]

thanks, I have not signed any paperwork and not even been called back in to office to recieve anything, this was at the beginning of December

[clashcityrocker]

If you have a medical condition that is covered under the DDA (Equality Act) then any absences related to that condition should be discounted under the Attendance Procedure.
You shouldn't be on a stage 1 and you shouldn't be getting a stage 2, unless RM have informed you that they are no longer prepared to do so.

[clashcityrocker]

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[postie222]

Having this argument too, Rm say they can issue a warning because we are monitoring the person and you can appeal at stage three! So first stage two grievance gone missing so submitting a second one soon. Some manager told me they would not accept a grievance because they is no appeal at stage 1/2 only at three so you can put a grievance in. Do not agree with them and will wait and see what happens, seems RM beileve they can ignore the Equality Act (DDA)

[jimmy555]

Thanks rocker I`ll wait and see what happens when and if i go back and quote this to the manager cheers

[diballday]

Have been in this situation myself.Have a long term condition that comes under the DDA.RM played ball for a couple of years and didnt issue stages,then last year i was off on a number of occasions, mainly for surgery.On the last absence i was issued with a stage 1 as RM said my sick absences had become "excessive and unmanageable".Lino couldnt explain to me what unmanageable meant,but he did reasure me that a stage 1 had been issued to help me manage my sick absences!

[General Mannerheim]

Have been in this situation myself.Have a long term condition that comes under the DDA.RM played ball for a couple of years and didnt issue stages,then last year i was off on a number of occasions, mainly for surgery.On the last absence i was issued with a stage 1 as RM said my sick absences had become "excessive and unmanageable".Lino couldnt explain to me what unmanageable meant,but he did reasure me that a stage 1 had been issued to help me manage my sick absences!

Yeah although they are supposed to NOT issue stage warnings for a condition covered under the Equality Act they will do it, as they are not disputing that they are genuine just that you've failed to maintain the attendance standards as agreed between RM and the CWU blah blah blah.

[fishtank]

If you have a medical condition that is covered under the DDA (Equality Act) then any absences related to that condition should be discounted under the Attendance Procedure.

It's not as clear cut as that Clash.
The Equality Act does not impose an absolute obligation on the employer not to apply the Attendance Procedure to someone wholly or in part on grounds of ill-health due to disability; it requires only that the application is justified.

For example Royal Mail can take advice from Atos on what would be a "reasonable" amount of absence relating to a particular disability and decide to apply the attendance procedure on any absence above this threshold.
This would,in theory at least absolve them from the part of the act that prevents "unfavourable" treatment.
You could of course fight this but that would mean fight in court.

[clashcityrocker]

If you have a medical condition that is covered under the DDA (Equality Act) then any absences related to that condition should be discounted under the Attendance Procedure.

It's not as clear cut as that Clash.
The Equality Act does not impose an absolute obligation on the employer not to apply the Attendance Procedure to someone wholly or in part on grounds of ill-health due to disability; it requires only that the application is justified.

For example Royal Mail can take advice from Atos on what would be a "reasonable" amount of absence relating to a particular disability and decide to apply the attendance procedure on any absence above this threshold.
This would,in theory at least absolve them from the part of the act that prevents "unfavourable" treatment.
You could of course fight this but that would mean fight in court.

The DDA is not a magic wand that will make stage warnings disappear forever but if they are going to take advice from ATOS on what would be a reasonable amount of absence, they would surely have to inform you of that before they did it.
Neither is the DDA an opportunity to mismanage your condition -" I got really pissed last night and it triggered an asthma attack"

But there does seeem to be a complete lack of understanding by some managers regarding their legal obligations regarding disability.
They seem to understand that they can't say things like - well if you hadn't got pregnant, you wouldn't have needed time off so I'm issuing a stage warning.
They seem to understand they can't say - well if you weren't a Catholic/poof/black you wouldn't have got that illness so I'm issuing a stage warning.

But when it comes to disability........Unless they can see a wheelchair.........