DDA and what it actually means legally

[DM66]

I suffer with IBS which is stress related and through OH several years ago I was covered for anxiety. What exactly “Covered” means has led to much more anxiety, confusion and a general feeling that nobody can really give a one reply fits all answer regarding Royal Mail and their attitude to it and what their responsibilities are concerning it. For the last 3-4 years I’ve been Led to believe by my union reps and my previous 2 Dom’s that any abscence relating to my disability is not counted and won’t affect or trigger an attendance review or problem. This has made me feel relatively happy m/safe that when it’s bad I’m .... covered.

Now new Dom new managers, new attitude it seems. All disability abscence does count against you , just like any normal sickness apparently and all recorded within any 12 month period is counted against me and has triggered a stage 1 review. I got from stage 1 to dismissal stage last year but the old Dom reversed it and closed the case. Now it seems this new case has this rule not been issued because of “COVID” so I’m lucky? Anymore however will trigger a potential stage 1. Have rules changed or is your work life just lying in the palm of whatever DOM is currently in place?

My Question is what exactly is the point of DDA is the DOM ignores it any way when abscence is concerned and my Stress/IBS is not actually being covered at all. Am I being lied too by management, misinformed by union who say you ARE covered and no time off affects you under DDA if it’s related obviously to my disability. If nobody testily knows what any of it means , how do I go forward in work and who do I go to for a definitive answer.? I don’t want to make ripples with anyone . I work hard and keep a low profile , but just feel I’m not being informed of all the facts- or getting very different stories. Can I / how do I go to my DOM and say , look this is actually wrong and I am covered. ? I see other posts here on DDA are in the same grey area as me. Any actual legally biding facts appreciated.

P.s - all I’ve asked for is for a bit of the growth on my round to be taken away for the Xmas pressure period and that’s all I’ve asked for. I’m not trying to milk the system or get an easier round and my 11 days off go back to November 2019. I’ve actually only had 4 days off this year with IBS and haven’t been ill with anything else since 2018. My DOM says when my absence becomes unmanageable then it will become a problem , but that is vague and worrying me tbh. What is unmanageable? How many days is that exactly. Nobody tells you anything until you suddenly get a white envelope on your frame. We’ve mostly all been there right?

[TrueBlueTerrier]

So much to go into but I'll try to break it down.

The DDA has been repealed. The act is now called the Equality act. (2006) if you want to read up on it.

For a more informed opinion you can, if you are in the Union, speak to the Equalities officer at your branch. They are specially trained in this field and on the act.

From a layman's point of view The Act does not give you complete cover, it only gives you reasonable cover. Therefore, if the business thinks your absences are becoming excessive (4 days isn't) then following their own policies they can start counting the days towards your total sick absence.

In Royal Mail they have to directly inform you before they start counting the days, and it can't be retrospective. Royal Mail attendance agreement https://www.cwusouthmidspostal.org/wp-c ... eement.pdf

[borders]

Agree with much of what TBT has said . Once RM agrees that you are covered under the Equality Act , they should take this into account and allow you Reasonable Adjustments . this usually means not issuing a Stage one although you still have to go through their procedures , However , this is not indefinitely and if you continually have time off and activate the Stage procedures they will draw a line in the sand and issue you a letter stating that the Reasonable Adjustments have been exhausted and from that point you need to adhere to the Sickness agreements. i am covered under the Equality Act and my manager and his managers have been reasonable to me and i guess that is where the problem lies within RM , as different managers are not so reasonable i guess ?

[DM66]

Many thanks . I will also speak to HR and get this in writing I think. I’ve had 11 days off in the last 12 months with stress which is a day a month. It’s not excessive and there have been huge gaps between them . 9 months the last one. I haven’t asked for special treatment just an understanding that I may not always be able to complete my round at Xmas and that’s pretty much it. Each manager seems to have their own rules. I want something written down that I can wave at whoever hassles me next. All I want is to be treated fair and to the law. Thanks

[borders]

i think it greatly helps if you can show them that you trying to mange your condition . get a proper diagnosis from Doctor , show them this and outline any medication you are taking and any changes you have made to your life style , diet etc . then if your condition is covered by the Equality Act , there is Documentation to support this and they should allow Reasonable Adjustments .