About to get sacked...

chromium05 · Post by **chromium05** » 10 Oct 2007, 12:22

Well, I have 2 weeks AL and on my return, I'll probably be fired.

This is due to my attendence record in which all non-attendence is correct.

My stages were triggered as I suffer from Migraines and Asthma. Neither affect me regularly.

However, anyone suffering migraines will tell you that you cannot operate while in the middle of one.

Other non-attendences were caused by having Flu once, and 3 times doing my back in on the job

Our union rep has been great, but even he is doubtful as to my chances as I was issued a stage 3 a month ago (and still haven't had a date of hearing) and last week, I did my back on the job ( indoors, sorting the mailsort backlog from 3am to 12 noon - 9 hours sorting)

I'm kind of resigned to the fact that they will use this to dismiss me ( which I can truly say looks like a blessing in disguise ) but the thing that p*sses me riht off is that apart from the Flu and work caused back injuries, my absences have been 1 day affairs due to migraine and asthma ( asthma once when I had to go to hospital). Yet there are people in my office who are constantly off with stress, back issues etc for weeks and months at a time, costing RM sh*tloads in unworked wages and overtime ( not that I feel sorry for RM - just making a point) and I have 1 day here and there for medical reasons - which I could stretch out into a few days at a time but I haven't unless I really can't work.

Anyone else been in this position? ( stage 3 issued followed by another sickness before the hearing) What was the outcome?

I don't want to lose my job, mainly for the obvious reason of money, but also because the guys I work with are truly a brilliant bunch and, despite the management bullsh*t, I actually enjoy my job.

C5

iow1 · Post by **iow1** » 10 Oct 2007, 12:44

truly sorry to hear of the situation you find yourself in. did the screws not refer you to ehs cos of the asthma. my daughter is a sufferer and certain situations trigger an attack. ie over exertion i wont use the word stress cos i don't think it is appropriate but certainley when she is worrying about school friends etc.
was your asthma triggered by a stressfull enviroment at work that the ehs could have looked into? your migraines (the wifes sister takes to her bed and throws up a lot!!! ) could they have been triggered by poor lighting or ventilation in the workplace?
try to think back if the employer has not taken into account the work conditions is he she not neglegent of your welfare. thus causing the situation you find yourself in now?
GOOD LUCK MATE

Spedley · Post by **Spedley** » 10 Oct 2007, 12:52

The only solution I can find is that you get yourself a diagnosis so that you can show most of the sicknesses were the same thing.

If they have a diagnosis and hence a prognosis (how the problem progresses) they may be willing to increase the number of absences you can have even if they keep the total number of days the same. Basically, turn it into a long term problem along the lines of a dissability.

nelson · Post by **nelson** » 10 Oct 2007, 12:55

I thought migraine was a recognised ailment and could not taken into account for adding up. Someone one here will correct me if I am wrong, but that is what I have alway been led to believe. Good Luck

Post by **evilc** » 10 Oct 2007, 12:58

Migraines and asthma are both covered by the disability discrimination at work act, your rep should be using this in your defence.
Also if you have been off with back problems your duties should of been adjusted so that these problems can ease and you should have had a back to work to programme starting with say 4 hrs a day to get you back into swing of working.

Fluke · Post by **Fluke** » 10 Oct 2007, 13:14

evilc wrote:Migraines and asthma are both covered by the disability discrimination at work act, your rep should be using this in your defence.
Also if you have been off with back problems your duties should of been adjusted so that these problems can ease and you should have had a back to work to programme starting with say 4 hrs a day to get you back into swing of working.

I didn't know that. It could come in handy, do you have a link to specific legislation?

norbet colon · Post by **norbet colon** » 10 Oct 2007, 13:22

evilc wrote:Migraines and asthma are both covered by the disability discrimination at work act, your rep should be using this in your defence.
Also if you have been off with back problems your duties should of been adjusted so that these problems can ease and you should have had a back to work to programme starting with say 4 hrs a day to get you back into swing of working.

RM will use DDA conditions etc as a last gasp defence, if it looks like someone would have the "temarity" to take matters outside the PO and the **** they'd rather would sweep under the carpet would come out and their sorry a**** would be on the block.

I loved the noone has been sacked for being ill only for not meeting our stringent attendance standards -come again !, I can't see how RM could defend that failure to follow procedure /

smudger54 · Post by **smudger54** » 10 Oct 2007, 14:30

Fluke wrote:
I didn't know that. It could come in handy, do you have a link to specific legislation?

Fluke here you go http://www.direct.gov.uk/en/DisabledPeo ... DG_4001068
Good luck try use it to best advantage mate

Fluke · Post by **Fluke** » 10 Oct 2007, 14:33

smudger54 wrote:
Fluke wrote:
I didn't know that. It could come in handy, do you have a link to specific legislation?
Fluke here you go http://www.direct.gov.uk/en/DisabledPeo ... DG_4001068
Good luck try use it to best advantage mate

Thanks for the link.

I will.

chromium05 · Post by **chromium05** » 10 Oct 2007, 15:11

iow1 wrote:truly sorry to hear of the situation you find yourself in. did the screws not refer you to ehs cos of the asthma. my daughter is a sufferer and certain situations trigger an attack. ie over exertion i wont use the word stress cos i don't think it is appropriate but certainley when she is worrying about school friends etc.
was your asthma triggered by a stressfull enviroment at work that the ehs could have looked into? your migraines (the wifes sister takes to her bed and throws up a lot!!! ) could they have been triggered by poor lighting or ventilation in the workplace?
try to think back if the employer has not taken into account the work conditions is he she not neglegent of your welfare. thus causing the situation you find yourself in now?
GOOD LUCK MATE

Actualy, with regards to the migrains, we do have constanly buzzing / flashing strip lighting and as you all know, a lot of the mail is very dusty ( especially mailsort ). You only have to see the state of your hands if you've been cutting and tipping. Hmmm

With regards to the DDA, I wasn't aware that migraine and asthma came under it's cover.

Thanks for all advice here. Really appreciate it.

IWW Fellow Worker · Post by **IWW Fellow Worker** » 10 Oct 2007, 15:22

I hope it goes well for you C5. We've got a scumbag in our office who has got away with three RTU's, two of which I represented him in, and this morning he's announced he's going to scab next Tuesday. I'd be sick if you went, and the town drunk we've got has been kept on.

Throgg · Post by **Throgg** » 10 Oct 2007, 16:25

chromium my wife does voluntary work that involves the DDA. I will try and get her to check up for you when she returns from work and PM you some details before the weekend.

jobsworth · Post by **jobsworth** » 10 Oct 2007, 16:28

chromium05 wrote:Well, I have 2 weeks AL and on my return, I'll probably be fired.

This is due to my attendence record in which all non-attendence is correct.

My stages were triggered as I suffer from Migraines and Asthma. Neither affect me regularly.

However, anyone suffering migraines will tell you that you cannot operate while in the middle of one.

Other non-attendences were caused by having Flu once, and 3 times doing my back in on the job

Our union rep has been great, but even he is doubtful as to my chances as I was issued a stage 3 a month ago (and still haven't had a date of hearing) and last week, I did my back on the job ( indoors, sorting the mailsort backlog from 3am to 12 noon - 9 hours sorting)

I'm kind of resigned to the fact that they will use this to dismiss me ( which I can truly say looks like a blessing in disguise ) but the thing that p*sses me riht off is that apart from the Flu and work caused back injuries, my absences have been 1 day affairs due to migraine and asthma ( asthma once when I had to go to hospital). Yet there are people in my office who are constantly off with stress, back issues etc for weeks and months at a time, costing RM sh*tloads in unworked wages and overtime ( not that I feel sorry for RM - just making a point) and I have 1 day here and there for medical reasons - which I could stretch out into a few days at a time but I haven't unless I really can't work.

Anyone else been in this position? ( stage 3 issued followed by another sickness before the hearing) What was the outcome?

I don't want to lose my job, mainly for the obvious reason of money, but also because the guys I work with are truly a brilliant bunch and, despite the management bullsh*t, I actually enjoy my job.

C5

Ask your DUM for an EHS appointment so they can verify your back problem.Reasonable adjustments should then be made to your duty.
Good Luck

smartmarty · Post by **smartmarty** » 10 Oct 2007, 16:53

Not too sure about migraines being covered under DDA, needs further investigation. I know that asthma is, especially if you have to take more than one type of inhaler i.e. a daily preventative in the morning (I think they're colour coded). EHS should back you up on this M8

Post by **Zorro** » 10 Oct 2007, 17:04

I repped for a girl who was due a stage 3 and her lung collapsed before interview stage, she was out for another nine months. Yep! she is still working with us, so dont worry about being sick before as they have to take everything into consideration up unto the stage 3 interview. I would be looking at that back injury first if it was done on duty ie: has it been entered into accident book, what referrals have EHS recommended? Why? If you havent entered into accident book or had EHS contact. Were management aware of injury? What has manager done for you to ease your suffering?

And then you start on the Asthma. Again, What has manager done for you to ease your suffering? Do you have a Dr`s/hospital letter to say you have asthma? What has EHS done for you? Have you been referred to EHS? No! Why not?

Create more questions than answers. If!......If you are dismissed, ask the same questions at the tribunal, they would be interested in why RM couldnt answer as well.

ROYALMAILCHAT

About to get sacked...

About to get sacked...

Wouldn't look good in a ET

Re: About to get sacked...