stage one to stage two?

[daveyeff]

i am currently 'serving a stage one sentence' for which i was off 5 months with arthritis in the knee. the consultant put me on potent pain killers till the time came round for the necessary knee replacement. today i was at hospital to be told he,s going to replace the knee in august. however, my current sentence does not run out until december. i did not want to turn down the operation date as this is pissing on your own chips in my view, it could be months and months before i,m offered another. thing is though, i know for an absolute fact this dom WILL issue a further stage. its his religion. can the union do anything in such circumstances. i heard the attendance procedure is under review, and may be open to an appeals process. any advice lads/lasses.

[fishtank]

From a recent Employment Tribunal.
The guy lost his case but it wasn't because of this.....

33. The document also recorded the fact that Mr Ferry(Delivery Office Manager) had fully accepted the claimant’s argument that the surgery in respect of the claimant’s ongoing sinus problem had been “corrective” and that Mr Ferry had discounted the period of absence from contributing to his attendance record.

Use it as precedent http://lawsociety2.lawsoc-ni.org/tribun ... ALMAIL.doc" onclick="window.open(this.href);return false;

[daveyeff]

From a recent Employment Tribunal.
The guy lost his case but it wasn't because of this.....

33. The document also recorded the fact that Mr Ferry(Delivery Office Manager) had fully accepted the claimant’s argument that the surgery in respect of the claimant’s ongoing sinus problem had been “corrective” and that Mr Ferry had discounted the period of absence from contributing to his attendance record.

Use it as precedent http://lawsociety2.lawsoc-ni.org/tribun ... ALMAIL.doc" onclick="window.open(this.href);return false;

cant open the link f/t, there,s a 404 on it,,,,,,server error, or file removed it says.

[fishtank]

From a recent Employment Tribunal.
The guy lost his case but it wasn't because of this.....

33. The document also recorded the fact that Mr Ferry(Delivery Office Manager) had fully accepted the claimant’s argument that the surgery in respect of the claimant’s ongoing sinus problem had been “corrective” and that Mr Ferry had discounted the period of absence from contributing to his attendance record.

Use it as precedent http://lawsociety2.lawsoc-ni.org/tribun ... ALMAIL.doc" onclick="window.open(this.href);return false;

cant open the link f/t, there,s a 404 on it,,,,,,server error, or file removed it says.

changed it...should download the doc file now.

[daveyeff]

still no joy mate.

[TrueBlueTerrier]

IT_22308_DIVIN_V_ROYALMAIL.doc

I clicked the link and it opened the document in Open Office with no messages - have now added as an attachment

[joshua wingate]

DAVEYFF - My guess is that arthritis may well be a condition covered under the DDA.
If it is, it will be automatically covered when it becomes "long term" (e.g. over one year).

The provisions of the new Attendance Procedure (being thrashed out as part of the Business Transformation Agreement) should be on rehabilitation rather than punishment, as seems to be the case now.

Finally, if you have a condition that is potentially covered by the DDA, you should be flagging this up with your Union Rep, your GP, and also getting it documented on any Stage 1 or 2 notes (issues or otherwise).
Basically, it is unlawful for an employer to dismiss someone with an illness covered by the DDA, and Royal Mail will have to be seen to be honouring the Law (much as it pains them to do so).

[daveyeff]

DAVEYFF - My guess is that arthritis may well be a condition covered under the DDA.
If it is, it will be automatically covered when it becomes "long term" (e.g. over one year).

The provisions of the new Attendance Procedure (being thrashed out as part of the Business Transformation Agreement) should be on rehabilitation rather than punishment, as seems to be the case now.

Finally, if you have a condition that is potentially covered by the DDA, you should be flagging this up with your Union Rep, your GP, and also getting it documented on any Stage 1 or 2 notes (issues or otherwise).
Basically, it is unlawful for an employer to dismiss someone with an illness covered by the DDA, and Royal Mail will have to be seen to be honouring the Law (much as it pains them to do so).

thanks for that, very helpful,,,,,cheers mate.