Equally act and attendence

Post by **phronsias** » 07 Jul 2016, 16:32

Hi
Today I was issued with a stage one, I have had 5 days sick in 365 days, , 4 days were discounted due to my condition. I had a line in the sand letter in March, telling me sick days or part sick days might not be discounted from now on. My question, when I have a flair up I can not go to work, I have a life long condition and I fear I will lose my job because of my condition, with medication my symptoms are under control 95% of the time and I take the minimum time off. Can I challenge this stage one?
Thanks in advance

Post by **General Mannerheim** » 07 Jul 2016, 16:38

Eh?
How could they issue you with a stage 1 if you've only had 5 days off in a YEAR and 4 have been discounted anyway?

Post by **TrueBlueTerrier** » 07 Jul 2016, 16:39

Even as a trialist you can't be staged for anything less than 7 days or 2 absences.

As you have been posting since 2011 then you'll be a substantive postie and that limit is 14 days or 4 absences.

They must be counting some other discounted absences.

-------------- To the nub of the question, You can't appeal the decision to issue a stage, but if it is been issued outside agreements it can be used to defeat a stage 3 later on.

However, you can issue a grievance if you want. That may remove it if they find in your favour, but its a gamble.

Post by **phronsias** » 07 Jul 2016, 16:59

Hi
Thanks for your replies, I've had 5 separate absences of one day each in 365 ,

Post by **General Mannerheim** » 07 Jul 2016, 17:05

A lot of times these letters of `we will count all future time off` are handed out by bullyboy managers who think that people with conditions are `pulling a fast` one, whilst I'm sure a small minority might be doing so, to go and watch the match or have a wank or go to Monte Carlo for drinks on their yachts

the vast majority don't take the piss and in a lot of cases are off far less than their more able bodied colleagues(I 've got a cold sniff, sniff.)

Also in a lot of cases the manager will have maybe consulted HR(but probably not as he will probably want shut of you) about issuing the shitty `we will count all future time off` letters but have forgotten to consult OHS and gauge their `expert` opinion on medical matters...you know as all managers are trained Dr. Kildares.

I would have questioned the letter in the first place, especially if they know you have a condition that is going to keep posing you difficulty in the future.
A grievance is in order and maybe you should try contacting your Equality Rep(if you have one,we don't.)
I have been through the whole bollocks a few times as they don't learn.

Post by **phronsias** » 07 Jul 2016, 17:29

Hi
18 months ago I had part of a lump removed and have been prescribed liothyronine, this man made hormone is difficult to get the balance right, and has a long list of side-effects, but my condition has improved, hence 5 days sick in 365, what grounds would I put a grievance in?

Post by **TrueBlueTerrier** » 07 Jul 2016, 17:40

phronsias wrote:what grounds would I put a grievance in?

That would be up to you, if you think its unfair application you could try that. However, to be honest they have followed the letter of the agreement if not the spirit and it would be difficult to win a greviance.

If you do decide to go down this route I would get advice from Union reps, disability champions and public advocacy groups (ACAS, CAB) before proceeding.

Post by **POSTMAN** » 07 Jul 2016, 18:43

His 'life long' condition, would he be covered under the equality or whatever it's called now thing?
Manager's a disgrace, but you guys know that.

Post by **phronsias** » 07 Jul 2016, 19:42

Thanks Guys
I'll see my rep in the morning

Destiny · Post by **Destiny** » 07 Jul 2016, 19:58

Apparently under advice they issue stage 1 as a matter of course but that's when your protection comes in, ie trying to issue a stage 2.
If it should ever and you do have a lot of protection then at a stage 3 the stage 1 can be deemed unfair & discriminatory and it can all be classed as constructive dismissal.

Post by **phronsias** » 07 Jul 2016, 20:09

Destiny wrote:Apparently under advice they issue stage 1 as a matter of course but that's when your protection comes in, ie trying to issue a stage 2.
If it should ever and you do have a lot of protection then at a stage 3 the stage 1 can be deemed unfair & discriminatory and it can all be classed as constructive dismissal.

Hi
Thanks