Equality Act

[fosal29]

Hi, Who decides if a person is covered by the Equality Act. A colleague has received a letter from OH Assist saying in their opinion her condition is covered by the Equality Act. So is she covered? thanks.

[motherhubbard]

I think ultimately only a tribunal can decide definitively if someone's condition is covered by the Equality Act but if OH Assist think it is, then it would be foolish of anyone to go against that opinion without good reason.
Everyone should proceed as though she is covered.
To all intents and purposes she is covered but not beyond all reasonable doubt.

[fosal29]

Ok so lets presume she covered. What does that actually mean? After being off sick for a couple of months she is now doing some indoor work in a neighboring office but this is only for 6 weeks then the manager says she has to go sick again. Obviously now shes back at work a stage 1 has flagged up & when shes forced to go sick again a stage 2 will follow. I may be wrong but It seems to me the manager is trying to get her out by fast tracking her to a stage 3. Does she have any protection from the Equality Act mainly regarding the attendance procedure. The chances are she will not be able to do a delivery for at least 12 months if ever. We do not have a unit rep so any help would be appreciated.

[Lounge Lizard]

Presumably she has a disability under the Equality Act in which case it's the DOM's responsibility to make reasonable adjustments to facilitate her continued employment.

[motherhubbard]

Ok so lets presume she covered. What does that actually mean? After being off sick for a couple of months she is now doing some indoor work in a neighboring office but this is only for 6 weeks then the manager says she has to go sick again. Obviously now shes back at work a stage 1 has flagged up & when shes forced to go sick again a stage 2 will follow. I may be wrong but It seems to me the manager is trying to get her out by fast tracking her to a stage 3. Does she have any protection from the Equality Act mainly regarding the attendance procedure. The chances are she will not be able to do a delivery for at least 12 months if ever. We do not have a unit rep so any help would be appreciated.

If the absences are related to the disability as noted by OH Assist, then all absences related to that disability should be discounted from the attendance procedure.
No stage 1 should be issued and even if it was, if the second absence is related to the first then no second stage should be issued. Both will be overturned if the unfortunate stage 3 is reached by someone who understands employment law.

If you have no unit rep, she needs to contact the Area Rep and the Branch should have a disability champion (and a woman's officer)
As LL noted a proper phased return to work taking into account her disability needs to be agreed.
A lot of DOMs are stupid.

[IcanthelpthewayIam]

Ok so lets presume she covered. What does that actually mean? After being off sick for a couple of months she is now doing some indoor work in a neighboring office but this is only for 6 weeks then the manager says she has to go sick again. Obviously now shes back at work a stage 1 has flagged up & when shes forced to go sick again a stage 2 will follow. I may be wrong but It seems to me the manager is trying to get her out by fast tracking her to a stage 3. Does she have any protection from the Equality Act mainly regarding the attendance procedure. The chances are she will not be able to do a delivery for at least 12 months if ever. We do not have a unit rep so any help would be appreciated.

If the absences are related to the disability as noted by OH Assist, then all absences related to that disability should be discounted from the attendance procedure.
No stage 1 should be issued and even if it was, if the second absence is related to the first then no second stage should be issued. Both will be overturned if the unfortunate stage 3 is reached by someone who understands employment law.

If you have no unit rep, she needs to contact the Area Rep and the Branch should have a disability champion (and a woman's officer)
As LL noted a proper phased return to work taking into account her disability needs to be agreed.
A lot of DOMs are stupid.

actually someone who actually understands employment law may issue that stage 1 and stage 2 or even a stage three dismissal even if the illness/injury is covered under the equalities act, being covered by the act does not mean a complete exemption from attendance procedure, you state the "will" be over turned, it is not that clear cut and actually in the circumstances in this case they probably wouldnt, Royal Mail need to make reasonable adjustments to accommodate people with such conditions, and the key term is reasonable so if someone has a condition covered by the act which would require them to take extra sick leave then yes extra time should be allowed but saying they wont be able to return to the work for over a year would be a unreasonable amount of time off, a discussion should take place with oh assist to determine what a reasonable level of sickness would be and anything over that would count towards the attendance procedure

what would be a reasonable adjustment is as what is happening at the moment where by extra work is being found for her at a nearby office, but if after a period of time that work is no longer required then yes the employee can be required to go back on sick leave if no alternative work availible and not able to complete own duties, if as the op has stated its going to be a long term thing possibly with no recovery to her normal duties then the employee concerned should be looking/asking for a transfer within rm to a suitable job with the backing oh assist as that would be a reasonable adjustment or she may unfortunately find herself unwillingly going down the ihr route

[fosal29]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

[IcanthelpthewayIam]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

[Glenno]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

This is extremely good advice, but what I have found historically is that the person moved dosn't always take kindly to being moved and this then causes other probs, but be thick skinned and go for what the Business say's is reasonable adjustment end of

[fosal29]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

We are a small delivery office with only 1 indoor job (callers office) and that person is covered by the old DDA act.

[IcanthelpthewayIam]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

We are a small delivery office with only 1 indoor job (callers office) and that person is covered by the old DDA act.

They are not covered by old act, equalities act replaced it both are covered by same act, just because covered by that act and indoors doesn't mean necessarily that they can only work indoors, worth trying to find out reasons to see if that person could be accommodated outdoors depending on what was the need for adjustment, putting them indoors may have been an easy fix when they went in, but it may not have been the only fix and the easy route was chosen at time, RM could look at moving him out of office but still be meeting his needs and thus help keep both in a job

[Glenno]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

We are a small delivery office with only 1 indoor job (callers office) and that person is covered by the old DDA act.

This has also happened in my D/O, I am not prepared to judge whom is more covered under the Act, read previous posts

[fosal29]

Thanks for the replies. She has asked to be moved/transferred to a different office within our area which includes a mail center but the manager says there are no jobs going anywhere in the area for indoor work

just because there are no jobs going doesnt mean she cant get a job, it would cause trouble but if there are any opg grades indoors at her own office ie rle then a reasonable adjustment would be to give her that indoor job and move the other person outdoors, as long as the other person wasnt losing out ie substatial change to attendance pattern or reduction in allowances then it would be unpopular but rm can simply switch them

We are a small delivery office with only 1 indoor job (callers office) and that person is covered by the old DDA act.

This has also happened in my D/O, I am not prepared to judge whom is more covered under the Act, read previous posts

Can't see that happening. An experienced ex PHG being kicked off his duty to accommodate someone who has only been there a few years. No chance the manager would let that happen. Hopefully something will come up in the next few weeks.

[fosal29]

I was really just trying to found out if stage warnings were appropriate when she's only come back to help out while the other office is short staffed. Seems very unfair especially as OH assist advised her not to go back.

[aiden01]

I was really just trying to found out if stage warnings were appropriate when she's only come back to help out while the other office is short staffed. Seems very unfair especially as OH assist advised her not to go back.

why oh why did she go against oh assist advice very rarely rm will go against their advice.