When should employers consider DDA

[siriusb]

I know this sounds laughable but as an employee I do not have 'direct access to HR as they are there to advise line managers'. We have a call centre who can help with pay,expenses etc but no advice, and everything else is accessable on the works computer system.

 

I wonder whether it might be worth encouraging my union rep to have an off the record discussion with this manager.

 

I guess i can ask for reasonable adjustments to be put in place in order for me to do the retraining.

 

Sorry, it's hard to fully explain everything ie I am not at work at the moment, not signed off sick but am showing as sick on the works computer and my pay is significantly down as i have gone onto ssp ( I am not at work as I have been wait for a rather long time for them to come back to me with a non office based role for me to work in until i retrain). The union have raised this error with management who have said 'they will look into it'. This to me is clearly either deliberate and therefor discriminatory or an appauling oversight and therefor makes me question their professionalism.

 

SBx

[Emmzzi]

Grievance. if you are not signed off sick then you should be on full pay. They can pay you to sit at home while they make adjustments if they like! while you have plenty of time off to think, also download an ET1 form.

[siriusb]

Hi Emmzzi,

 

Thanks for your input. Will find those forms and download them tonight.

 

SBx

[siriusb]

Am quite upset and panicky so sorry if this doesn't make sense.

 

This is a follow on from my thread a few days ago.

 

I received a letter this morning saying that as i didn't attend for work on x day in December 2012 after a fit note from my gp ran out I am absent without authorization. It invites me to a meeting this coming week.

 

The only problem is I put myself fit for duty as long as the duties were in line with occupational health recommendations back in November, and asked for someone to contact me to tell me where to go and when or to let my union rep know.

 

I have a diary entry showing that two senior managers had contacted my union rep two days after i had put myself fit but since then have heard nothing. This mimics exactly what happened in 2011/12 when i was on gardening leave effectively for nearly 12 months and had no contact from the department.

 

This letter leads me to believe i am actually being lined up to be sacked.

 

My union rep is a nice bloke but i dont necessarily think he is fighting my corner particulary strongly.

 

Can anyone help? If i put myself fit for work, and they have a record of this letter, asking them to tell me where to go can i be deemed absent without authorization? The role they had reployed me to was officed based and sitting causes me immense pain if i have to do it for long periods (OH report states I am likely to be covered by DDA/equalities act).

 

Is it reasonable,if i am absent without authorization for no-one to have contacted me since x date in December until 28th January? If i am deemed sick, as it shows on the work computer system why were the company not folowing their own sickness management protocol.

 

My main concern now is the risk of sacking.

 

Should I be insisting the Union get legal advice?

 

All help really appreciated.

 

SBx

[assisted blonde]

Although you asked them to contact you, did you contact them? or did you just leave it?

[becky2585]

Unless you reported the absence in line with the company sick policy, or were placed on medical suspension, or have it in writing that the company did not expect you to attend work that day, it could be unauthorised as the company suggest.

 

I'm not sure exactly why you didn't attend work on that day? What was the formal correspondence in that regard?

[Dirtydub]

I'm not sure where you stand with the unauthorised absence but if you are covered under the dda then your company is obliged to make changes your role to incorporate the disability. After being deemed fit were you not given a date to come back to work? As this is something your line manager should have done. It's common sense really , if they dont give you a date to return how are you to know when to return? Id seek advice from your local citizens advice if your worried about being sacked. How long have you worked for the company and what is their policy on absence (how many per annum before disaplinary action etc) hit me up with this info and ill give you what I know. [edited by site team] is my email if you don't hear from me. I know what it's like for work to screw you over, my company are saying they won't allow me back even of deemed for as they want to contact my specialist after an operation. Which is unnessecary. Feeling of same world different country ay? Looks like all companies are trying to screw over staff. All the best anyways.

Jake

Edited February 3, 2013 by honeybee13
Please don't put personal infomation on a public forum.

[siriusb]

I did not know effectively who to report to.

 

I didn't attend work at the office location as it was in was exacerbating my disability. I had sent numerous emails regarding the imapct the work was having on my condition. The managers knew it was making me worse, and they knew through emails and discussion that it was contrary to my Occ Health report, and one senior manager had confirmed that they could not offer me work in that location that matched my fit note or the occupational health advice.

 

Add to this my line manager (who had only managed me for 10 days at this point) was away on holiday, and my previous line manager had informed me he was doing another Occ health referral. There was no clear line manager.

 

I have a few scant details that my union rep and some senior managers were looking at other locations for me to work in after I had handed the letter in. So all and sundry knew I was fit for work....it just seems to have slipped everyones mind that i have been waiting and waiting.

 

I can see that maybe i could or should have chased it up but it's hard when you are constantly told 'someone will be in touch' and you aren't certain who to chase up.

 

As i stated in my previous thread I do not have access to HR per se, as HR is there toadvise managers!

 

@becky. The correspondence was entirely from me - i didn't even get an acknowledgement of it. I stated i was fit to return to duties that matched my Occ Health report and that i would appreciate being informed where and when to report for work.

 

As mentioned above after that I only had word from my union rep that senior managers were in contact with him over my situation.

 

I'm categorically not sick, can do my old job or a job similar but have marked limitations when it comes to sitting down. All i want to do is work.

 

If they now know I am fit for work why haven't they said 'Right report to workat xxx location'?

 

It feels like the situation is being manipulated to my detriment.

 

 

SBx

[becky2585]

It's not a good situation but I understand why it arose.

 

It's a bit late now, but I suppose what you should have done is present yourself for work in your normal location and then the ball was in their court as to whether to send you home or find you something suitable. It really depends what the fit note says.

 

It's a bit draconian of them to discipline you over it, given the circumstances. You probably need to argue things as you've already laid out, but it does seem they have an argument you were AWOL on that day. It seems harsh, though.

[siriusb]

What I find odd, and maybe it helps my point, is that on the 29th Jan I spoke(and then saw) with old line manager who I have been put back under and said I was fit for work. Once again I was told he would speak to this senior manager (the manager who has now said I am absent without authorization) as i am not allowed back to that work environment until retrained, and that he would get back to me.

 

Since the 29th I have not been told where to work, nor has my line manager got back to me.

 

So I am categorically not allowed in one work environment at managements insistence, the other work environment is in direct contradiction to my Occ Health referral and a manager there has said they do not have work that matches my Occ Health referral.

 

I appreciate that the period from x day in December to the 29th may be a problem but surely it is a defensible period given that in the last 5 days they still have not contacted me to tell me where to report. It is the same situation.

 

Does that make sense?

 

SBx

[siriusb]

Hi all,

 

Thanks to some sound advice on here I have downloded the ET1 and guide.

 

I just need to clear up whether I absolutely have to have raised a formal grievance in order for it not to be immediately thrown out.

 

There seems to mixed information on the web - some of it dating back a while - and I can't really see a clear answer.

 

Thanks

 

SBx

[siriusb]

Sorry - if it makes a difference I should have said I am still employed at the moment and the grievance is about disability discrimination

[Emmzzi]

Basic princple; give the employer an opportunity to put it right. so yes, grievance.

Edited February 3, 2013 by Sidewinder
Thread tidied

[Emmzzi]

As all the "not turning up to work" was done by phone calls you also need to document those calls in your grievance to get the audit trail right! A lot of those calls should have been put in wiritng (by you).

 

Lodge the ET at the same time and withdraw it if thimgs get fixed.

Edited February 3, 2013 by Sidewinder
Thread tidied

[Sidewinder]

Threads merged and tidied...

[siriusb]

I have notes in my diary of every call / conversation, I also have print offs of emails.

 

I handed a letter in at work yesterday asking for contact by return (an old fashioned term I know but I didn't know how else to put it) to deploy me in a suitable role.

 

I will have to go into work to lodge a grievance using the online system. As I have never done this before would you recommend I put everything in the grievance that I would want the tribunal to look at? I know that sounds a bit dumb. I'm not talking about deliberate omissions, more a case of not listing every piece of evidence I have?

 

SBx

[Emmzzi]

The grievance should be about fixable things and not a list of minor hurts.

[siriusb]

Hi Emmzzi,

 

I am hoping that things can be fixed.

 

I think most of the concerns are centred around reasonable ajustments / suitable duties not being followed so I can evidence those via conversations and emails. The other issue is what i feel is the prevailing attitude of a manager regarding aspects of my disability. He has constantly raised 'concerns'. None of these concerns have been borne out by any shortcomings in my duties but the one thing I struggle to do is the thing he has redeployed me to do.

 

I guess i am hoping for advice on how to word this 'feeling' professionally in the grievance. Is his constant 'concern' (this pre-dates the existing act of discimination but continues through the existing situation) in appropriate seeing as there has never been any issue regarding my physical duties?.Also in the grievance should i cite what legislation i feel has been contraviened?

 

Thank youso much for you input: I do appreciate it.

 

SBx

[Emmzzi]

Don't use any feelings expressions. Talk about the exact words used, use several examples to show a pattern, request solid guidance from occ health to be followed rather than well meaning but non expert opinion. Solid facts all the way.

[siriusb]

OK,

 

Stuck to facts.

 

I've written a grievance letter as a first step. We have a dispute resolution form at work on the computer but as I don't have aceess to it then the letter is a start.

 

I have basically laid it out in the format of laws they have failed to follow, and then department issues/policies not followed.

 

Finished with stating I hope it can all be resolved amicably.

 

Does that seem a normal, satisfactory lay out for a grievance document.

 

SBx

[Emmzzi]

Just be careful you don't present yourself as an expert lawyer and preface with "I believe the law on this is.." and "My understanding is that it is in breach of" etc.

 

Somewhere there should also be a "this is what I would like to happen" as that is the first thing they will ask you anyway.

[siriusb]

Hi,

 

I don't think I have presented myself as an expert but I have put in the three pieces of legislation I think they have omitted to follow in some way.

 

Really nervous about initiating it.

 

Genuinely do think there are issues that have been appauling handled and that I have tried to resolve as things emerged, also accept that comments made by couple of other posters regarding errors i may have made.

 

Just feel that if I dont get certain isses addressed formally they will be swept under the carpet and crop up in various guises again and again (in all fairness a couple of points I have made have occurred before - I have not included this in the grievance as i want to keep it focused and pertinent to the current situation).

 

Anyone had a successful resolution to a formal grievance?

 

SBx