stage 3 warning

Ruby_Gloom

Hi all
i can only imagine this board is going to get buisier and buisier

i have a slight problem at work

i am on a stage 3 warning which means i could be fired this warning is for being ill
i recieved a letter telling me this while i was off ill (i was unaware i had stage 1 and 2 and they have been unable to prove it to me other than saying remember your meetings with xx and xx)

noteworthy points are...
i have had a lot of time of sick
a lot of it was disability related
some of it was acident at work related
some was just plan old being ill

the latest sick time was after i had access to work in to access my work area and my employer did not implement a single recomendation and i flaged up on a couple of occasions that i was finding it harder to cope and also the lift at work broke and they were very slow at sorting out alternative arangments which left me in a very bad state

i counted up my entire sick time over the 14 months i was there as that is what they are counting (even though their policy states 12) and discounting disibility i should be on stage 1

i have had 2 meetings with them and they seem insistant that this is corect and that i should not have any further absence in the following 12 months

so i am not sure what to do.........

they have also introduced a new policy that you cannot have more than 6 medical appointments in one year too and i already have 4 booked in and 2 waiting for dates and the dda states i should have time off for needed appointments etc (cant remember wording exactly) so i am at my limit before end of month

i have searched for any alternative jobs but i have seen anything i could do really in the past few years i have had to limit what i can do down quite a lot i am horendisly overqualified for what i am doing but desk work is all i am good for these days......and i find it teribly upsetting but want to make the best of my situation

any ideas on how to put this right with out tipping the boat over or am i just missing the point?

SomeBozo

Sickness is such an emotive subject on this board. The facts are that yes, you can be sacked for too much time off sick.

However as you have a disability this is slightly different. Under the DDA you rightly say that you are allowed time off for treatment of your condition. However this is to be a planned series of care. So for example if you have a string of upcoming Outpatient appointments coming up, you have to let your employer know this and this is then agreed as time off. This should not count as sick time.

Also being disabled, your employer has to make efforts to ensure your work environment and role helps you. Workplace adaptions and the such. They should also be meeting with you upon return from sickness to see how work can help.

That said, as long as they are doing this for you, you can still be sacked for illness if you are diasabled.

Bozo

motherhen2234

My advice is to speak to your union or get advice from the citizens advice. You can be sacked for sickness but if your disabled as mentioned there is the DDA act to consider. There is also the potential that they have not followed the correct procedures which could lead to unfair dismissal if you were sacked. Plus your implying that they haven't made reasonable adjustments to help you with your work which is linked both to the DDA act and health and safety. It looks like a complex one so please get so further professional advice.

dmg24

I agree with the points made by SomeBozo, however I would clarify that you are actually covered by the DDA before going down that route.

Could I ask how much time you have had off?

You mention recommendations - would it have been reasonable to make these adaptations, and who was it that recommended them?

lucid2008

Surely you had a third party in with you on the previous 'verbal' warnings ?
If you look for another job obviously they are going ask for a reference from your previous employer.Sickness can be based on separate occasions and not just total time off.

Horace

To clarify whether or not you fall under the realms of the DDA, contact the Equality & Human Rights people as they have a disability section (it used to be the disability rights commission).

When Access to Work make a recommendation, it is expected that the employer will make reasonable adjustment, Access to Work part fund any adaptions that need to be made and your employer funds the rest. Go back to the Access to Work people as well.

You can be dismissed for illness and having a disability especially if you have long periods of sickness. However, you will need to speak to the CAB or if you are a union member seek their advice because a case could be made at the employment tribunal if your employer fails to make reasonable adjustment.

loofer

Sounds like you work for Royal Mail.

Absence due to Disability is normally not counted but it doesn't mean you can't get sacked. If it gets to a tribunal, assuming you are sacked and then lodge an appeal, RM management will have to show that they made a reasonable attempt to keep you attending work. Reasonable would also include the stage warning interviews at various times (i.e you have had atleast 2 other chances to improve your attendance).

It is for the ET to decide weather managemnet discriminated against you based on your disability/illness.

You should have got a copy of your attendance record, that would also show when your previous stage warnings were triggered and when they were not/issued.

mswannabe_2

i recieved a letter telling me this while i was off ill (i was unaware i had stage 1 and 2 and they have been unable to prove it to me other than saying remember your meetings with xx and xx)

I am currently helping my daughter who is in a similar situation to yourself. Her boss has been bullying her at work and is making her working life hell. She alleges to have issued two verbal warnings and a few weeks ago, made her sign a final written warning. As an employer myself, I am aware that all employees have rights. Under Employment Act 2002, an employer must follow the statutory procedure with regards to disciplinaries.

Your employer must:

Notify you in writing of any intention to commence disciplinary action against you.

Advise you of your right of representation at any such hearing.

Inform you of your right of appeal.

Clearly, your employer has not followed this procedure as you are unaware of stage 1 & 2 disciplinary action. My advise would be to in the first instance contact ACAS or look on the website as there is loads of information regarding disciplinaries and grievances available. You are quite within your right to appeal against your employers decision. Procedures set out in Employment Laws and Acts have to be followed regardless of the size of the business. Failure to follow such procedures can later result in employees bringing claims to tribunals for unfair/constructive dismissal. HTH;)

custardy

if it is RM then you have no rights to appeal stage 1's or stage 2's under the conduct code
op,if it is RM then get in touch with me and i can give you some info to contact people who can help you on this

Ruby_Gloom

Hi
thanks everyone for your imput
no its not RM ( have a relative who works for them and they are always saying how this that and other is bad though )
they did send me a copy of my absenses and it diddnt list any warnings on it at all there were some errors on it that i can tell just from memory and i did raise them which makes me wonder about all of it they did say they would fix those (some of the errors they had to admit to)

i will look for some further advice on the websites you mentioned and see if i can get in to the cab (there can be quite a waiting list for appointments)
thank you so much for the help and advice everyone

Ruby_Gloom

Well today went swimingly....not!!!!
I went to the doctors before work and got signed off for 2 weeks (he said to use the cert if i need it. I saw a different doctor than usual and he was flabbergasted that i was even attempting to work! let alone had been working full time (2 full time jobs up until 1 year ago) he gave me advice about getting on to incapacity benefit and retiring and seeing the cab. But he is going to chase up my rheumy as there wasn't much he could do to help.
when i got to work they wanted to know what happened at the doc (i didn't mention the doc saying about the benefits) i tole them hes chasing up my rheumy and signed me off but insisted I'm ok to be here. but they kicked me out there door as they said I'm not insured to be there if I'm signed off.

well at least ill have time to look at those websites and see the cab i guess.
and maybe get the pain under control a bit I'm practically shaking with it today. grr stupid flare ups