Stage 3 warning

[Cobblers_3]

I am facing a stage 3 warning review when I get back to work.
I tripped over a displaced rock on a new build site where some houses are finished and some aren't, hence still building round there. Turns out I broke my toe on it! My manager didn't suggest putting it in the accident book saying it should be ok with a day's rest. He now claims it's not an accident at work as it could of happened anywhere. Is this correct?

Also, 3 of my absences have been to care for my 3 year old child, and we know children get sick a lot and there's nothing we can do. Don't we have a right to childcare sick days by law without it contributing to stage warnings?

[rockypostie]

See attachment

[rehabron]

I am facing a stage 3 warning review when I get back to work.
I tripped over a displaced rock on a new build site where some houses are finished and some aren't, hence still building round there. Turns out I broke my toe on it! My manager didn't suggest putting it in the accident book saying it should be ok with a day's rest. He now claims it's not an accident at work as it could of happened anywhere. Is this correct?

Also, 3 of my absences have been to care for my 3 year old child, and we know children get sick a lot and there's nothing we can do. Don't we have a right to childcare sick days by law without it contributing to stage warnings?

There are procedures in place for taking leave in emergency domestic circumstances and you should have been guided in this direction on you explaining your circumstances from line manger or union rep ( if member) rather than going absent and breaching RM attendance standards.
At a stage 3 consideration of dismissal the interviewing manager would have to investigate all absences that have triggered the stage 3 and judge on the circumstances and merits of each absence and on the information that you have supplied will question why you did not make yourself available to other procedures in place eg. unpaid leave or using annual leave entitlement.
In relation to your absence with a broken toe this is an accident at work if occurred within your duty hours and you were attempting to make a house delivery to one of the finished homes on the building site and the route you selected was the only access to these homes. A risk assessment should have been recorded due to the terrain in accessing the homes.
Because an injury has been sustained your line manager has an obligation to record this in the accident book within 24 hours and complete an ERICA document until investigation proves different.
On this matter alone you need to inform your union rep why line manager has not used the correct procedure for recording injuries at work.

[Cobblers_3]

Unfortunately since I started 2 years ago I have had to find things out on my own! So procedures for childcare related absences weren't explained to me or no options given. After telling my manager about the incident with my toe, I had a day off the day after and he told me to rest it so no need for accident book. I went hospital the week after and found out it was broken, hence is been walking around with a broken toe all week! When I gave him the sick note, he then said 'I thought you said you did it at home' when I actually said I did it on a stone. He knew full well where I had done it as I gave him the street name and have photos of such upturned stones!

[IcanthelpthewayIam]

Doesn't matter if done a day ago a week ago or a month ago you have the right to have it recorded on ERICA (royal mails accident log book) at any time if you wish

As for previous absences what did the ones for your child are go down as? Ie did you say you were sick for them?

[Cobblers_3]

My manager said the accident had to go in the accident book within 24 hours.
And it went down as special unpaid leave I just checked my sheet. Does that still count towards an absence?

[rehabron]

My manager said the accident had to go in the accident book within 24 hours.
And it went down as special unpaid leave I just checked my sheet. Does that still count towards an absence?

Normal procedure is to have it recorded within 24 hours but you advised your manager of the accident and he/she fobbed you off by advising you to rest for 24 hours probably because couldn't be bothered with the paperwork. You should consult with this manager and request it be entered into the accident book and have this witnessed preferably with a union rep or a trusted work colleague.
It should have never gone through as unpaid special leave as you have lost earnings because of an accident at work which is discounted from the absence procedure and unpaid special leave is also not considered in the calculation of absences in the attendance procedure so fail to understand why you are on a stage 3 involving this absence.
If manager is still reluctant to record your absence in the accident book you need to inform your H&S representative and also arrange for a 2nd stage individual grievance which is copied into the Employee Relations Team at Sheffield who will appoint a manager to investigate this matter This can hopefully be backed up by photographs taken.
Your union rep can assist you with the completion of 2nd stage grievance.

[IcanthelpthewayIam]

My manager said the accident had to go in the accident book within 24 hours.
And it went down as special unpaid leave I just checked my sheet. Does that still count towards an absence?

Your manager gets into trouble if it's not put in within 24 hours that doesn't stop you from getting it put in later

No if the ones for your children were down for special leave then those absences don't count towards the stages warnings

[rubberbond]

He probably didn't want to record it, as you appear to have broken your toe, I believe that, that constitutes a RIDDOR,not reporting it puts the manager and organisation ,in deep s**t and sinking. Fast.

[Glenno]

I am facing a stage 3 warning review when I get back to work.
I tripped over a displaced rock on a new build site where some houses are finished and some aren't, hence still building round there. Turns out I broke my toe on it! My manager didn't suggest putting it in the accident book saying it should be ok with a day's rest. He now claims it's not an accident at work as it could of happened anywhere. Is this correct?

Also, 3 of my absences have been to care for my 3 year old child, and we know children get sick a lot and there's nothing we can do. Don't we have a right to childcare sick days by law without it contributing to stage warnings?

Firstly I believe that the AOD is NOT down to the Mngr to agree/disagree whether or not it goes onto the ERICA, it is your responsibility and if you still think it was an AOD then record it as so, also mixing child care and absenses is not a good place to be, every absense is judged on it's merits and if there is an underlying problem with childcare this SHOULD of been adressed at each return to work and recorded such, we do have something called "family friendly" if this is appropiate, which should also have been explained to you at for said meetings

Without all the details of your absenses it is a bit more difficult to give you the advice you require try and speak to your Rep for more advice, in my Area I could get this dismissed/reduced if your previous times off do not amount to 14 days or more

[Cobblers_3]

I was on a temp 25 hour contract for the first 18months I was there, and I know the stage warnings are different for those not permanent. I am now permanent but does the special leave childcare differ when on a temp contract?

[IcanthelpthewayIam]

I was on a temp 25 hour contract for the first 18months I was there, and I know the stage warnings are different for those not permanent. I am now permanent but does the special leave childcare differ when on a temp contract?

No

But you will need to check your absences, you have probably been given a copy of your absence record, all absences are on that but not all absences on it count towards stage warnings

[Cobblers_3]

Thanks for all the advice, it's been so helpful.

[rehabron]

He probably didn't want to record it, as you appear to have broken your toe, I believe that, that constitutes a RIDDOR,not reporting it puts the manager and organisation ,in deep s**t and sinking. Fast.

RIDDOR has to be completed for an INJURY sustained at work and the absence from this exceeds 7 days.

[Cobblers_3]

So when I go back to work would the advice be to put the incident into the accident book and then seek help from my Union rep?