Accident on duty, already on a stage 2.

[keithposty]

were you wearing the cat trainers at the time

[fishtank]

As long as you're ticking all the boxes Sherpa they won't make a stage stick.
The only possible justification for a stage following an AOD is a blatant disregard for H&S such as climbing fences or taking unauthorised shortcuts.
Stick to your guns and if they mention stage once phone your Area Rep.

[clashcityrocker]

The only possible justification for a stage following an AOD is a blatant disregard for H&S such as climbing fences or taking unauthorised shortcuts.

Would not taking any of your meal relief before departure count as a blatant disregard for H&S?

[fishtank]

The only possible justification for a stage following an AOD is a blatant disregard for H&S such as climbing fences or taking unauthorised shortcuts.

Would not taking any of your meal relief before departure count as a blatant disregard for H&S?

The provision and maintenance of welfare facilities comes under the umbrella of Health&Safety.
The management and enforcement of meal relief does not...that is covered by the Working Time Regulations 1998(amended 2003) which comes under the umbrella of the Department of Trade and Industry.

HSE is responsible for the enforcement of:
The maximum weekly working time limit;
Night work limits; and;
Health assessments for night work.

HSE does not however, enforce:
Time off;
Rest break entitlements; or;
Paid annual leave entitlements.

[clashcityrocker]

But could the fact that you didn't take any of your meal relief, despite it being scheduled and despite being advised to do so, be used as being a contributory factor in an AOD as the extra fatigue factor associated with not taking any meal relief could be viewed as contributory negligence.

I only ask because I have heard this line of argument.

[fishtank]

But could the fact that you didn't take any of your meal relief, despite it being scheduled and despite being advised to do so, be used as being a contributory factor in an AOD as the extra fatigue factor associated with not taking any meal relief could be viewed as contributory negligence.

I only ask because I have heard this line of argument.

It would be impossible to make it stick.
Meal relief is still in most industries unfortunately a right not an obligation on the part of the employee.
You could just as easily cite 3 hours of sex the night before as a contributory factor in an AOD as the extra fatigue factor associated with not getting enough sleep could be viewed as contributory negligence.
Fatigue and it's contribution to accidents is blatantly obvious but equally difficult to prove.
I'm not supporting not taking your meal relief...or bragging about my sex life.

[clashcityrocker]

It would be impossible to make it stick.

But they could make it stick at stage 1 and 2.

[fishtank]

It would be impossible to make it stick.

But they could make it stick at stage 1 and 2.

I don't see how.
Although there is no appeal against the actual decision to award a stage 1 or 2 it must be processed within the agreed procedure and the agreed procedure for an AOD is that it would normally(meaning outside extraordinary circumstances) be discounted.
A member being slightly more fatigued because he didn't take his meal relief does not move an AOD outside the normal spectrum.
Falling off an 8ft fence while trying to take a short cut probably does.

[parcelboy]

It would be impossible to make it stick.

But they could make it stick at stage 1 and 2.

I don't see how.
Although there is no appeal against the actual decision to award a stage 1 or 2 it must be processed within the agreed procedure and the agreed procedure for an AOD is that it would normally(meaning outside extraordinary circumstances) be discounted.
A member being slightly more fatigued because he didn't take his meal relief does not move an AOD outside the normal spectrum.
Falling off an 8ft fence while trying to take a short cut probably does.

tosser of a dim i had tried to stage 1 me for an aod that got chucked out after cwu intervention did not stop him coming round to my house to check i was in though .New it was funny when he asked me what footwear i was wearing.I said if u look at the ERICA form u filled in 3 days ago and the first question on it asks "what footwear were u wearing "I said did u miss ticking the box or r u 2 "HARASSING ME"Needless to say they suddenly remembered they had a customer complaint to deal with and left my house in a hurry pair of muppets.They did eventually find something else to dismiss me with so be warned .

[SexyLegs]

But could the fact that you didn't take any of your meal relief, despite it being scheduled and despite being advised to do so, be used as being a contributory factor in an AOD as the extra fatigue factor associated with not taking any meal relief could be viewed as contributory negligence.

I only ask because I have heard this line of argument.

It would be impossible to make it stick.
Meal relief is still in most industries unfortunately a right not an obligation on the part of the employee.
You could just as easily cite 3 hours of sex the night before as a contributory factor in an AOD as the extra fatigue factor associated with not getting enough sleep could be viewed as contributory negligence.
Fatigue and it's contribution to accidents is blatantly obvious but equally difficult to prove.
I'm not supporting not taking your meal relief...or bragging about my sex life.

Not married yet then!!!!

[fishtank]

It doesn't make a lot of sense.
Rather than taking you off the procedure altogether it would appear they have reverted your stage 2 to a stage 1.
That's the first thing i would sort out.

That still doesn't explain how 1 absence of 7 days in 12 months would trigger a stage.
Have you had any special leave or any other kind of authorised leave lately,i've had special leave wrongly put through as sick absence before.
Another thing to be careful off is it's the date of issue of the stage not your last day of sick absence that the stage is valid from/to.

[fishtank]

Edit: Am I right that the procedure says I should be cleared rather than revert to a stage 1?

If no more than one absence of 4 days or less you should come off the attendance procedure all together.