stage 3 triggered help?

samthedog123 · Post by **samthedog123** » 24 Apr 2018, 16:22

I have triggered a stage 3 and need advice. I suffer with Arthritus lower back and also have curvature of the spine and poor posture after 30 years service to Royal Mail carrying heavy bags on my back.
I am covered under the DDA/Equiality act as Arthritus is longterm/lifetime illness that will more than likelyprogress.It causes me alot of problems and pain in the winter months and thus does have an impact on my attendance.
My manager is well aware of my condition and when issuing me with the stage 2 she said to me "why should i treat you any different than any one else in this office". I can understand this but she never took into consideration my arthritus is a chronic condition was the reason my attendance was poor.
I have been refered to OH assist in the past and they stated in writing that i would remain vulnerable to increased symptons and exacerbations which will either impair performance or impact on attendance.

Also at my stage 2 my union rep requested that a risk assessment was done.I have the notes from the meeting and it has never been done. Im off work at moment due to family/stress but know when i return to work the stage 3 will be triggered.

My Attendance for the last 2 years :

9 absences in 2 years
65 days absence in 2 years
5 of these absences, total 42 days was due to my Arthritus,

I would be gratefull for any advice and what are the chances of me being sacked ??

Many thnx for reading.

Post by **TrueBlueTerrier** » 24 Apr 2018, 16:32

If you are in the Union the chances of you being sacked are Zero if the manager hasn't followed the attendance procedure. When you say he said "why should i treat you any different than anyone else in this office" the answer is because he is breaking employment law with regard to the Equality Act.

For full disclosure, they can issue you stages on EA matters but they have to follow the different processes outline in the Attendance Procedure.

If you are in the CWU then you MUST contact the Area Delivery Rep as soon as possible (though they probably at the conference). They are the reps that are trained specifically for Stage 3.

If you aren't in the CWU then I suggest downloading the Attendance Procedure (its in Downloads) and getting assistance from CAB or an Arthritis Charity.

samthedog123 · Post by **samthedog123** » 24 Apr 2018, 16:41

Hi thnx for your reply. Yes ive been in the union for 30 years and given most of my life to Royal Mail and destroyed my back in the process. I can still do the job as good as any 20 year old but maybe not as fast lol but yes I do have probs in winter with the Arthritus and in that situation no I'm not as good as a 20 year old and it does affect my attendance its just a shame that a manager of only 5 years experience cant see this.

thnx again

Creditshampoo · Post by **Creditshampoo** » 24 Apr 2018, 18:42

If your condition is due to your management being negligent contact unionline

rehabron · Post by **rehabron** » 25 Apr 2018, 10:26

samthedog123 wrote:I have triggered a stage 3 and need advice. I suffer with Arthritus lower back and also have curvature of the spine and poor posture after 30 years service to Royal Mail carrying heavy bags on my back.
I am covered under the DDA/Equiality act as Arthritus is longterm/lifetime illness that will more than likelyprogress.It causes me alot of problems and pain in the winter months and thus does have an impact on my attendance.
My manager is well aware of my condition and when issuing me with the stage 2 she said to me "why should i treat you any different than any one else in this office". I can understand this but she never took into consideration my arthritus is a chronic condition was the reason my attendance was poor.
I have been refered to OH assist in the past and they stated in writing that i would remain vulnerable to increased symptons and exacerbations which will either impair performance or impact on attendance.

Also at my stage 2 my union rep requested that a risk assessment was done.I have the notes from the meeting and it has never been done. Im off work at moment due to family/stress but know when i return to work the stage 3 will be triggered.

My Attendance for the last 2 years :

9 absences in 2 years
65 days absence in 2 years
5 of these absences, total 42 days was due to my Arthritus,

I would be gratefull for any advice and what are the chances of me being sacked ??

Many thnx for reading.

It would be evident to a manager of a higher grade authority level nominated to take your stage3 formal prompt meeting that stage warnings that have been included which in your case for absences that are due to your arthritis and covered by the Equality Act will not legally stand if employer if employer has not made reasonable adjustments to your work to assist with your medical condition.
This has also been reported to your manager by OH Assist and will be documented and your manager needs to be trained on dealing with medical conditions that are clearly mentioned in the Equality Act before she costs the business a fortune in compensation claims.
Can't see how you can be sacked but you are a strong candidate for Ill health retirement and I am assuming that should it go to a stage3 meeting it will give you the oportunity to apply for IHR and for you to produce GP/specialist reports to support your IHR application.
If you decided not to go the IHR route then the stage3 level could be returned to a stage2 or stage1 .

samthedog123 · Post by **samthedog123** » 25 Apr 2018, 11:37

Hi thnx for reply. The only reasonable adjustments they have made as they call it is a 2 min mini break in every hour during the morning sortng to walk around the office to loosen my back muscles to relieve the pain as standing on the spot sorting and being immobile for long periods intensifies the lower back pain. They have paid for me to have physio which helps but 1 course a year is not enough and doesn't cure it. These people just don't understand arthritis and think if you have a course of physio you should be cured. Because its an invisible illness, no plasters/bandages it makes them less understanding. They need to be more aware of certain illnesses and how it impacts on peoples lives.
I have been offered IHR in the past but said no ,im only 52 and can still do the job.
Oh and at the stage 2 its in the notes i have, they said i need a risk assessment, and have never done it. Because they failed to do it, is this not carrying out the correct procedure and can the stage 2 now be cancelled because of this ?

rehabron · Post by **rehabron** » 25 Apr 2018, 14:40

samthedog123 wrote:Hi thnx for reply. The only reasonable adjustments they have made as they call it is a 2 min mini break in every hour during the morning sortng to walk around the office to loosen my back muscles to relieve the pain as standing on the spot sorting and being immobile for long periods intensifies the lower back pain. They have paid for me to have physio which helps but 1 course a year is not enough and doesn't cure it. These people just don't understand arthritis and think if you have a course of physio you should be cured. Because its an invisible illness, no plasters/bandages it makes them less understanding. They need to be more aware of certain illnesses and how it impacts on peoples lives.
I have been offered IHR in the past but said no ,im only 52 and can still do the job.
Oh and at the stage 2 its in the notes i have, they said i need a risk assessment, and have never done it. Because they failed to do it, is this not carrying out the correct procedure and can the stage 2 now be cancelled because of this ?

A risk assessment should have been carried out by H&S manager and overseen by union H&S rep.
The fact that this has been overlooked will strengthen your case and be in your favour.
On this posting it looks that you do not wish to apply for IHR and you are hoping at the stage3 meeting for this to be reduced to a lower stage level which you have a good chance of this but remember these absences for arthritis continuing indefinately the business will look to force an IHR.

daveyeff · Post by **daveyeff** » 25 Apr 2018, 15:50

have you been using ''delivery methods'', i.e. using a trolley? the reason I ask is because if it was available to you and you didn't take it upon yourself to use it, it gives them more ammunition. I still think you have a cast iron case though, but don't give them an inch.

samthedog123 · Post by **samthedog123** » 25 Apr 2018, 18:39

Thanks guys for the replies.
I do use a trolley at all times. I know that if we had had these things 30 years ago i probably wouldn't have a back problem now. You wont see Royal Mail offering me compensation though lol.