Stage 3 - Bricking it.

[rogerdawcy]

So, got told by my DOM when I returned to the office today that I've triggered a stage 3.

I had one day off last week due to a pre-existing condition that has become more severe recently.

I haven't had a return to work interview since - not sure if this matters though. Really hoping it does.

Not sure of my sick record TBH, I've had a lot of stuff going on in my personal life. I actually don't know if I ever triggered a stage 2 or not.

Oh, and I triggered a stage 3 about 5 years ago and survived.

Guessing my chances aren't good now? Really not in a position to lose my job. Absolutely terrified.

[clashcityrocker]

The return to work could be:
DOM: You OK then?
You: Yep.

You should have an area rep representing you at a stage 3 hearing. You are looking at a possible dismissal.
They must have paperwork relating to your stage 2. When it was triggered, why it was triggered and when it was issued.
You need to make sure they are aware of everything going on in your personal life, if this is affecting your work.
Is the pre-existing condition possibly covered by the Disability Discrimination legislation?

[rogerdawcy]

Nope, it isn't.

Just spoke to union rep who agrees that the lack of RTW means jack s**t.

Requesting my sick record tomorrow.

Pretty sure I'm going to lose my job.

[sidewinder]

Nope, it isn't.

Just spoke to union rep who agrees that the lack of RTW means jack s**t.

Requesting my sick record tomorrow.

Pretty sure I'm going to lose my job.

Think positive mate. Don't be defeatist yet. Good luck.

[TrueBlueTerrier]

3 Posts deleted - Gremah if you can't offer proper advice then don't post. I may invoke the "causing moderators too much grief" clause if you continue to bait posters.

[rogerdawcy]

The return to work could be:

Is the pre-existing condition possibly covered by the Disability Discrimination legislation?

Just had a read up on this. The condition is chronic migraine. In some cases, it has been covered by DDA. Will this actually make a difference/do I need to do anything?

[clashcityrocker]

Any absence which is related to a condition covered by the Equality Act (DDA) should be discounted from the attendance procedure.
Have you had migraines for more than 12 months. In the opinion of a doctor might they reoccur in the next 12 months?
Have they ever offered to refer you to ATOS because of your migraines?

What counts as a disability in law?

Disability is not always obvious. The Disability Discrimination Act (DDA) defines a person as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversation and travelling by public transport .
‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year.
‘Substantial’ means not minor or trivial.
The key thing is not the impairment but its effect. Some people don’t realise that impairments such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substantial and long-term. Some conditions automatically count as disabilities for the purposes of DDA, from the point at which the individual first has them – these are cancer, HIV and multiple sclerosis (MS).

[Cut Off King]

I would think that by NOT following RM's propper procedure ( BTW interview ) They have left themselfs open to a challange in a Industrial tribrunial. Your area rep should use this in mitagation.

Hopefully you'll have your case thrown back to stage 2

[Spedley]

I've had no problems with sick leave and chronic pain. Twice I was reissued a stage 1 instead of a stage 2 and when I eventually got a stage 2 they referred me to ATOS who agreed it was on medical grounds and that I was doing much better than expected.
I had about 3 weeks off work in about 10 occasions over 18 months. It may break their 'guidelines' but in the grand scheme of things they would find it very hard to sack somebody for taking 3 weeks off on genuine medical grounds.

[krussel]

I wish you the best of luck and sound judgement.

The last couple of stage 3's at our place ended in an extended 6 months probation.

All the best

[andy2007]

Any absence which is related to a condition covered by the Equality Act (DDA) should be discounted from the attendance procedure.
Have you had migraines for more than 12 months. In the opinion of a doctor might they reoccur in the next 12 months?
Have they ever offered to refer you to ATOS because of your migraines?

What counts as a disability in law?

Disability is not always obvious. The Disability Discrimination Act (DDA) defines a person as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversation and travelling by public transport .
‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year.
‘Substantial’ means not minor or trivial.
The key thing is not the impairment but its effect. Some people don’t realise that impairments such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substantial and long-term. Some conditions automatically count as disabilities for the purposes of DDA, from the point at which the individual first has them – these are cancer, HIV and multiple sclerosis (MS).

That word "should", is an important one though. I recieved a Stage 1, due to an absence linked to my disability (covered by the DDA/Equality Act). Whether they were able to get away with it, because it doesn't normally interfere with my ability to turn up at work, or not I don't know. But they used that word, as their excuse. However: If things go badly at your Stage 3, you should have a good case at ET. Because you're protected from being penalised, for having a disability. There's never any garantees with these things. But it's worth a shot, if it comes to it.

Good luck. I hope all goes well for you.

[spoodoo]

Does suffering from panic attacks come under dda >? Good luck roger btw .

[TrueBlueTerrier]

Does suffering from panic attacks come under dda >? Good luck roger btw .

Yes a properly diagnosed case would have a good chance of coming under the DDA (and its replacement) if it met the rest of the requirements which in most cases it would do.

[belle smith]

Do you have any reason to believe that the stage 1 and stage 2 should not have been issued.
The reason i ask is that you are not able to appeal these at the time they are issued but you are able to appeal them at stage 3.
Clash is right you should have your area rep representing you at stage 3 if you are a union member make sure you contact him or her and make them aware of your situation.

[OnAFlyer]

I wish you the best of luck and sound judgement.

The last couple of stage 3's at our place ended in an extended 6 months probation.

All the best

The last one at ours ended in dismissal, the appeal was rejected as well.

That was for a pre-existing medical condition with a supporting Doctors statement, it was the second time he'd gone to a Stage 3.