Rescinding a Review when issued

dazzer6 · Post by **dazzer6** » 08 Nov 2019, 11:36

I got a review 2 because injuries sustained in a car crash [off for 3 weeks, the only sick involved], when I was in a taxi travelling to work [ about 100 yards from office]. The other driver admitted full liability and Royal mail have had the money repaid for the time I was off as part of the settlement. I have an ongoing medical condition with my foot [postie 32 yrs], and will be on a review 3 when I get back to work because the review 2 has not been rescinded. Have I no right to appeal that review 2 ? Until i am up for my job for a review 3? Seems totally unfair

Post by **General Mannerheim** » 08 Nov 2019, 13:35

dazzer6 wrote:I got a review 2 because injuries sustained in a car crash [off for 3 weeks, the only sick involved], when I was in a taxi travelling to work [ about 100 yards from office]. The other driver admitted full liability and Royal mail have had the money repaid for the time I was off as part of the settlement. I have an ongoing medical condition with my foot [postie 32 yrs], and will be on a review 3 when I get back to work because the review 2 has not been rescinded. Have I no right to appeal that review 2 ? Until i am up for my job for a review 3? Seems totally unfair

You can only appeal a review 3.
Going off what you've written the appeals manager will take it into consideration. Make sure you take in your Area rep and they will probably quash you back down to review 2, also as you've a long term condition it might be covered under the Equality Act, again your Area Rep should bring this up.
Good Luck.

daveyeff · Post by **daveyeff** » 08 Nov 2019, 14:45

am not 100% sure on this, but if they've been repaid for your absence then I don't think the stage should've been issued.

dazzer6 · Post by **dazzer6** » 09 Nov 2019, 21:55

daveyeff wrote:am not 100% sure on this, but if they've been repaid for your absence then I don't think the stage should've been issued.

Hi Dave the trouble is they issued the review 2 before there was a final settlement .

daveyeff · Post by **daveyeff** » 10 Nov 2019, 13:53

dazzer6 wrote:
daveyeff wrote:am not 100% sure on this, but if they've been repaid for your absence then I don't think the stage should've been issued.
Hi Dave the trouble is they issued the review 2 before there was a final settlement .

well if it does progress to a 3, which they can sack you on, then this should be taken into account. in fact if you were injured 'on your way' to work it shouldn't have been issued anyway. any rep worth his salt should've sailed you through that one. on the up side, if you have only 1 absence of 4 days or less in the next 6 months or from the issue date then you will revert to zero (no stages).

daveyeff · Post by **daveyeff** » 10 Nov 2019, 13:58

just read that properly, so you are absent again while serving a stage 2. you need to go in with either an area or preferably a div rep for the 3. I am certain it will be quashed. good luck.

dazzer6 · Post by **dazzer6** » 13 Nov 2019, 13:16

daveyeff wrote:just read that properly, so you are absent again while serving a stage 2. you need to go in with either an area or preferably a div rep for the 3. I am certain it will be quashed. good luck.

Thanks Dave. It should be squashed but it is worrying.
Regards Darryl