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Attendance review

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Mazz thematic
Posts: 19
Joined: 11 Jan 2018, 23:56
Gender: Male

Attendance review

Post by Mazz thematic »

Hi all
I had a review in October but because I am under E A it was not issued I then had a week off in March with the flu but I have just had another review,I questioned the review as i had only had 1 week off but the manger said it goes on a yearly basis so because I have had 4 separate times off in the year it has been triggered again.I said the last 3 times were covered under E A and I have had a review for them and it was not issued because of E A, he still maintained that the 4 absences count and because it wasn’t issued they are still active for the rotating year.so my point is can everything remain open even after a review has not been issued so the absence can be used against you again.
Thanks in advance
redlen
Posts: 1341
Joined: 21 Dec 2021, 12:05
Gender: Male

Re: Attendance review

Post by redlen »

The Equality Act derogates the normal attendance procedure with attendance sanctions. Even though you are covered under the Act, they still record the absence on the PSP as a statement of fact and will trigger the process. It is up to the manager doing the review if they decide to issue that attendance sanction or not. So the 12 month rolling process will always apply.
iHateD2Ds
Posts: 546
Joined: 16 Apr 2008, 16:33

Re: Attendance review

Post by iHateD2Ds »

Yes, any absence will flag up attendance review after the trigger point but manager should consider the previous absence was due to circumstances related and recognised under Equality Act.

The Op has got a point but I wouldn't worry about a stage one.
tractorboy2
EX ROYAL MAIL
Posts: 545
Joined: 18 Jan 2012, 11:03
Gender: Male

Re: Attendance review

Post by tractorboy2 »

Any absence due to equality act can only be counted after you receive a letter informing you of such.
The number of absences have to become excessive for this to occur.

This would be absences after notification.
redlen
Posts: 1341
Joined: 21 Dec 2021, 12:05
Gender: Male

Re: Attendance review

Post by redlen »

What you are referring is a "Line in the Sand Letter" and is total garbage legally and means absolutely nothing under the law. Section 20 of the Equality Act 2010 takes precedence over a company terms and conditions.

How this blatant discrimination against persons protected characteristics could even see the light of day is beyond me
Companies own terms and conditions cannot take precedence over statute

The attendance procedure is a disciplinary procedure.

If an employee continually cannot meet the standard of attendance due to a disability, then that is conducted through capability, as in Ill Health Retirement if necessary.

There have been various successful claims against Royal Mail over this and i quote??

"For an employer the size of Royal Mail not to make reasonable adjustments is simply improbable"