Stage 3 Warning Coming Up

[tessa]

Hi People Need Help and Advice
I,ve worked for Royal Mail 33 years , I,ve been managing a bad back for about the last 5 years.The last 12 months has been a nightmare.

24th March 2011, 56 days off Lower Back Pain, Stage 1 issued returnd to work with ATOS Help
16th December 2011,14 days off Lower Back Pain Stage 2 issued.Returned to work on a modified duty, no ATOS involment.
27th March 2012 till now , Lower Back Pain,Looking at stage 3, THE SACK OR MEDICAL RETIRMENT.
i dont want either, had a MRI SCAN the other day , prolapsed disc, it can be fixed I hope, but will take a couple of months.

Any Advice Appreciated

[TrueBlueTerrier]

Hi People Need Help and Advice
I,ve worked for Royal Mail 33 years , I,ve been managing a bad back for about the last 5 years.The last 12 months has been a nightmare.

24th March 2011, 56 days off Lower Back Pain, Stage 1 issued returnd to work with ATOS Help
16th December 2011,14 days off Lower Back Pain Stage 2 issued.Returned to work on a modified duty, no ATOS involment.
27th March 2012 till now , Lower Back Pain,Looking at stage 3, THE SACK OR MEDICAL RETIRMENT.
i dont want either, had a MRI SCAN the other day , prolapsed disc, it can be fixed I hope, but will take a couple of months.

Any Advice Appreciated

if in the Union contact Area Delivery Rep and explain the above - the fact that all 3 are connected and you are taking steps to reduce the chances of it happening again are strong points in your favour. However it would be better for the ADR to be in attendance and brief you as its very important and you might miss something.

[easter bunny]

You are covered under the Equality Act ( new version of the DDA Act ) .

[Lincox]

Hi tessa
Would be interested to find out the outcome of your case. I am on stage 1 at the moment for same reason. I also believe you should be protected under the Equalities Act. My case is progressive and will only get worse and because I have suffered for more than 1 year and with regular problems, then Royal Mail should not be going down the stage warning route. They do however and you have no right of appeal until it reaches stage 3. Make sure that you quote this to them and demand Atos involvement at your interview.

[clashcityrocker]

You are covered under the Equality Act ( new version of the DDA Act ) .

If the prolapsed disc can be cured by surgery then the Equality Act doesn't cover her.(I think)
Though why it has taken so long to get a diagnosis and what sort of rehab plan could have been advised without a proper diagnosis are questions that need to be asked.

[liamlayor]

The definition of disability

For the purposes of the Equality Act:


•substantial means neither minor nor trivial
•long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
•normal day-to-day activities include everyday things like eating, washing, walking and going shopping
•a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory

Yours has lasted for more than 12 months so you should be covered by it. Ask your GP.

If you undergo surgery in the future which cures your PID then you will no longer be covered.

[fishtank]

It is very important that you are re-referred to ATOS as soon as possible given your diagnosis and prognosis.
If Royal Mail are made aware of the likely outcome of surgery they will find it much more difficult to dismiss you.
The best way to do that is through their own OHS.
It is difficult but not impossible to be covered by the Equality Act without a proper diagnosis which is probably why you were staged up to 2 but now you have one your rep should be pushing to have you removed from the procedure pending surgery.

[Indy]

they will find it much more difficult to dismiss you

Is that really whats at stake here? wouldn't RM offer Ill heath retirement? Not making any judgements on the OPer as I don't know.

[fishtank]

they will find it much more difficult to dismiss you

Is that really whats at stake here? wouldn't RM offer Ill heath retirement? Not making any judgements on the OPer as I don't know.

Possibly but IHR is really just compensatory dismissal isn't it?.....and she doesn't want to go.

[not me]

The definition of disability

For the purposes of the Equality Act:


•substantial means neither minor nor trivial
•long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
•normal day-to-day activities include everyday things like eating, washing, walking and going shopping
•a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory

Yours has lasted for more than 12 months so you should be covered by it. Ask your GP.

If you undergo surgery in the future which cures your PID then you will no longer be covered.

handy to know
looks like my foot condition would come under that :)

[bigcol]

If you undergo surgery in the future which cures your PID then you will no longer be covered.

[liamlayor]

If you undergo surgery in the future which cures your PID then you will no longer be covered.

Sorry, BigCol,

Have I said something wrong?

[bigcol]

Once you've been designated you're always designated. The employers' requirements can change though.

[liamlayor]

Once you've been designated you're always designated. The employers' requirements can change though.

Sorry bigcol, I didn't explain myself too well but you are absolutely right. What I should have said was that he needs to be designated disabled before surgery . That's why I said go to your GP

[Pat Ostman]

But a GP cannot determine you are covered under the DDA can they, or can they?