Occupational Heath and ATOS question

newrepontheblock · Post by **newrepontheblock** » 06 Mar 2018, 08:55

If someone was reffered to ATOS and ATOS themselves have recognised that there is problem. Does this problem go in favour of the employee regarding the attendance procedure. So, if this person goes on the sick with the recognised ATOS problem (eg. bad back) would these trigger a stage warning if there were enough absences from this problem? Maybe result in dismissal if these absences are enough over time to eventually trigger a stage 3.

Another example, employee currently on a stage 2 warning. They've been referred to ATOS regarding a possible mental health issue. If OH agree that there is a problem, would this employee have any worries about safeguarding they job. If they require treatment which results in further sick absences would they need to worry about further stage warnings and again possible dismissal due to the attendance agreement?

Thanks in advance

Post by **TrueBlueTerrier** » 06 Mar 2018, 17:19

Even with a recognised Equality Act condition, it is still possible to fairly dismiss (in Law terms) an employee as long as the correct procedures are followed.

However, the EA Act and OH Assist referral will help during the process. Best to read up the attendance agreement to be fully informed. I also recommend reading as much stuff as you can on the conditions in question and their effect on the Eq Act and tribunals.

Post by **General Mannerheim** » 06 Mar 2018, 19:15

Nope it doesn't go in your favour.
The screws will natter on about it's not that they or Atossers don't agree you have a condition/illness.......it's the amount of time you've had off yadda yadda as agreed with the unions yadda yadda.
It says in the attendance agreement that disability absence would not and here it is normally be counted. But the screws issue nearly every time.

ninja · Post by **ninja** » 06 Mar 2018, 22:07

Taken from page 41 of the attendance agreement.

Having sought advice from Occupational Health Service and HR Advice Centre and where it is justified to do so e.g. an employee’s disability related absences reach an unacceptable level, the manager should advise them in writing that any future absences may be counted. The employee should receive written notice in advance.

If managers issue a warning without following the above process then you would raise grievance first and then start ET if required.

So far in my units we have 100% success using the above section.