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Managers discretion

Got a question for a CWU Rep? And all CWU related matters.
jetblack
Posts: 974
Joined: 15 Apr 2011, 12:54
Gender: Male

Managers discretion

Post by jetblack »

How much, if any, discretion do managers have in issuing sickness stage 1 and 2 ?
Or is it a case of the stages are automatically triggered and managers have no say in their implementation ?
Is there any room for mitigating circumstances ?

Thanks in advance.
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fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Managers discretion

Post by fishtank »

In theory yes, the attendance procedure allows management to take mitigation into account and gives them the discretion to dismiss the stage review.

In practice unless you have a potentially fatal condition, a bloody good rep, the area rep on speakerphone, two sharp lawyers sitting next to you and some incriminating pictures of the manager, a pig and some class A drugs it's pretty much a formality.
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Duran
Posts: 145
Joined: 09 Apr 2009, 11:43
Gender: Male

Managers discretion

Post by Duran »

The new attendance procedure, probably makes it better to actually receive a prompt 1 warning. As your only on it for 6 months then you have a clean slate. If you are not issued a prompt one. The next absense you have if you havent cleared your 13 days and 3 absenses in a 12 month period will re trigger, and will definately be issued. Unless as already been stated. You die or your in a coma.
jetblack
Posts: 974
Joined: 15 Apr 2011, 12:54
Gender: Male

Managers discretion

Post by jetblack »

Thanks FT.

Good to know.

An additional question - would there be any grounds whereby the issuing of a stage is in contravention of the Equality Act 2010 ? Presumably there is, but it must be something covered by the act. Suppose I'll have to go read it :crazy:

edit. thanks Duran, interesting.
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clashcityrocker
Posts: 16634
Joined: 22 Sep 2009, 13:50
Gender: Male
Location: strummerville

Managers discretion

Post by clashcityrocker »

jetblack wrote:How much, if any, discretion do managers have in issuing sickness stage 1 and 2 ?
The person you refer to as your manager has absolutely no authority to do anything in a DO.
They no longer manage in any meaningful way.
They have to refer all decisions for everything to a higher authority.
If your DOM wants to break wind they have to ask permission.

It also means your unit rep is now probably inconsequential. (Sorry to all unit reps)
The union official who interacts with your manager's manager is now more important.
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Gazza47
Posts: 32
Joined: 07 Mar 2017, 09:17
Gender: Male

Managers discretion

Post by Gazza47 »

jetblack wrote:Thanks FT.

Good to know.

An additional question - would there be any grounds whereby the issuing of a stage is in contravention of the Equality Act 2010 ? Presumably there is, but it must be something covered by the act. Suppose I'll have to go read it :crazy:

edit. thanks Duran, interesting.

Think it all depends what you off sick with, I mean if your absence is down to a disability related illness it would be in contravention of equality act and DDA, but if your seventh cold in a month obviously no.
plaguelift
Posts: 133
Joined: 19 Apr 2011, 06:16
Gender: Male

Managers discretion

Post by plaguelift »

fishtank wrote:In theory yes, the attendance procedure allows management to take mitigation into account and gives them the discretion to dismiss the stage review.

In practice unless you have a potentially fatal condition, a bloody good rep, the area rep on speakerphone, two sharp lawyers sitting next to you and some incriminating pictures of the manager, a pig and some class A drugs it's pretty much a formality.

100% true fishtank.
FinishOnTime
Posts: 153
Joined: 25 Apr 2013, 16:37
Gender: Male

Managers discretion

Post by FinishOnTime »

clashcityrocker wrote:
jetblack wrote:How much, if any, discretion do managers have in issuing sickness stage 1 and 2 ?
The person you refer to as your manager has absolutely no authority to do anything in a DO.
They no longer manage in any meaningful way.
They have to refer all decisions for everything to a higher authority.
If your DOM wants to break wind they have to ask permission.

It also means your unit rep is now probably inconsequential. (Sorry to all unit reps)
The union official who interacts with your manager's manager is now more important.
In my experience this isn't true. A unit rep who is up for a fight, will put disagreements in when required and generally argue a decent case for their members is far more valuable than some area or divisional rep sat on their fat arse maybe 100 miles away.

If a DSM/Delivery director know it's going to be a pain to try to get some pie in the sky savings into an office because of an awkward rep, they will generally go elsewhere. The old law of path of least resistance.