Equality Act

[nataddick]

The TUC has a useful guide to the Equaliy Act as a PDF covering 'Sickness Absence and Disability Discrimination' - here is the link :

https://www.tuc.org.uk/sites/default/fi ... eb2013.pdf" onclick="window.open(this.href);return false;

The case law that appears on pages 8 & 9 is very interesting.

[motherhubbard]

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

While your scenario may be factually correct, my understanding from the original post is no reasonable adjustments have been investigated or implemented so the stage warnings won't stand.
And I think the option of IHR would be on the table before RM considered sacking someone for absences related to their disability.

[IcanthelpthewayIam]

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

While your scenario may be factually correct, my understanding from the original post is no reasonable adjustments have been investigated or implemented so the stage warnings won't stand.
And I think the option of IHR would be on the table before RM considered sacking someone for absences related to their disability.

If you read the information given, a stage 2 review has not even been triggered let alone a warning issued, also even if the discussion/agreement of adjustment take place whilst on sick it still doesnt mean that that sick leave wont be counted. The reasonable adjustment may be an extra 5 days sick per month but if stays off for another 3 months then that could count as over agreement even though agreement was made during that period of sick absence

also as I have mentioned redeployment will be on the table before ihr as op has stated she can manage indoor work

[rubberbond]

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.

if they do go against advice and from what I have seen, managers usually try it on, (due to,other sickness,shortage of staff etc), what is the point of RM paying OH Assist? The management ,as far as I am aware are not licensed medical practioners,so they have no choice but to accept,I would have thought. However,like a man in orthopaedic shoes, I stand to be corrected.

[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.

if they do go against advice and from what I have seen, managers usually try it on, (due to,other sickness,shortage of staff etc), what is the point of RM paying OH Assist? The management ,as far as I am aware are not licensed medical practioners,so they have no choice but to accept,I would have thought. However,like a man in orthopaedic shoes, I stand to be corrected.

lol

[TrueBlueTerrier]

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.

if they do go against advice and from what I have seen, managers usually try it on, (due to,other sickness,shortage of staff etc), what is the point of RM paying OH Assist? The management ,as far as I am aware are not licensed medical practioners,so they have no choice but to accept,I would have thought. However,like a man in orthopaedic shoes, I stand to be corrected.

They can as far as I am aware ignore all medical advice according to various Tribunals, however it has to be a reasonable decision based on the facts before them. To go against OH Assist advice you either need to be incredibly intelligent and well informed in employment law, incredibly brave or incredibly stupid.

[Oldskoolpostie]

I think If you are awaiting a reasonable adjustment you wouldn't have to go sick, it shouldn't be recorded as sick or special leave or anything it should be recorded as off on full pay whilst awaiting reasonable adjustment ?