Stage 1 sick when should it be issued

[music4essex]

Part 2.
In my last atos on site assement i said to atos why is it the RM never act on there recommendations as it is wasting my time and yours, her reply was it is only recommendations and it is up to the dom to what he does.

I had another meeting with ADM and the ADR plus disability champion to try and thrash out a duty( which I came off sick chest infection to go to) 2 hrs this meeting took, even though we had the original agreements of a duty structure that management had previously agreed twice too in the past 3 months they had now said that the last atos report had said that i was only to do 3 hr delivery, which we agreed too but then management 2 days later put an agreement in front of me to sign and had changed some of the contents so I refused to sign it.

last week lino gave me a letter to say they were to put me back on stage 1, they are quick enough to issue a stage 1 letter , but are unable to let you know by letter that I was off stage 1 to do with last years sickness over the dog issue they cannot have it both ways and that is what my post was about. it is a long winded post because so much has happened.

Also Atos my definition of it is recomendations and not mandatory like management are insisting last week on my new adjusted duty span which if you see previous post is not doable in time given.

I have another meeting this coming tuesday with ADR and dom should be interesting, BTW Dave Joyce said in his letter back in september that i was to have a new start well that has not been the case over the last 6 months . I even rang the harrassment line because I have had enough of it all, but i will not walk out like 5 other folks in my office have.

Essex mum

[Geezer]

music4essex

Doms don't have to take ATOS advise, But if they don't then they have to take resposibility for any adverse affects on your health that has been caused because of it.
You are covered under DDA, RM have thus far refused to make a reasonable adjustment.What reasons have they given, have they showed that they are being flexible.
I would guess to any ouyside person that the way you have been treated consitutes B&H, so get your Branch to put in an ET. Also make sure they do it under Disability Discrimination
as the burden of proof shifts in your favour. I think FT posted this before but here you go and GOOD LUCK.

How does the law protect a disabled worker?

It is unlawful to discriminate against a disabled person because of their disability :-

in the recruitment process
in their terms and conditions of employment
in considering them for promotion, transfer, training or other benefits
by dismissing them
by treating them less favourably than other workers
by subjecting them to harassment or victimization.

What forms of discrimination exist under the DDA?

Disability Discrimination is unlawful where there is :-

Less favourable treatment on grounds of disability (direct discrimination) ;
Less favourable treatment without justification for a reason relating to a person's disability
Failure to make reasonable adjustments where, for example, the physical layout of the work place substantially disadvantages a disabled person.
Harassment where there is unwanted conduct on the grounds of disability that violates a person's dignity or creates an intimidating, hostile, degrading, humilating or offensive environment.
The conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the disabled person's perception, it should reasonably be considered as having that effect;
Victimization which occurs when a worker is subjected to less favourable treatment than others for having alleged discrimination, having brought proceedings against the employer, having given evidence or taken any other action under the DDA.

What are reasonable adjustments?

Employers have a duty to make reasonable adjustments as soon as they become aware that a job applicant or member of staff is disabled within the meaning of the DDA. Not asking whether something is needed is not a defence for not knowing and it is the duty of the employer to take reasonable steps to find out whether adjustments are needed.

Examples of reasonable adjustments might include :-

altering the disabled person's working hours
allocating some of the disabled person's duties to another person
allowing a disabled person to be absent during working hours for rehabilitation, assessment or treatment
providing special equipment or modifying existing equipment to take account of the disability
providing additional supervision or support
making adjustments to premises.

Whether it is "reasonable" for an employer to make a particular adjustment will include an assessment of the following types of issue :-

how effective the adjustment might be in preventing the disadvantage
how practical the adjustment might be
the financial and other costs of the adjustment and the financial and other resources available to the employer
the size and type of business
the availability of financial or other help to make the adjustment e.g. grants may be available under the Access to Work scheme.

It is sensible for employers to keep a record of their consideration of reasonable adjustments to be able to respond to any allegation of discrimination under the DDA which might be made.