Appeal meeting coming up..

[qpips]

I have recently (Nov12) been diagnosed with Menieres disease, which consists of head pressure, tinitus, vertigo, Migraine and hearing loss. It is not cureable and likeley to get worse over time resulting in "drop" attacks and deafness. MD is mentioned specifically in the Equality Act 2010.

 

Anyway, I have worked in the same role for 6 years (with the company almost 8 years) and have only had one absence in all that time until February this year, when I collapsed and had a vertigo attack and was off work for 2 days. Then in April, I contracted a flu virus, which combined with the MD knocked me out cold for two weeks, I could not get out of bed without assistance, and I was absent again for 11 days.

 

Work have a new sickness policy that says if you are absent for longer than 10 days you may have a back to work meeting - I was given the impression it was just a formality, my Manager confirmed my reason for absence and said she had no issues with either absence or my performance, in fact, quite the opposite!

 

How wrong I was! The meeting was very formal, I told the HR advisor aout my recent diagnosis of Md and poured my heart out regarding how the recent attack had wiped me out. My words were used aganst me and because I couldnt prove that Flu and MD were "linked" I was issued a verbal improvement notice.

 

My issue is neither my previous record or my recent diagnosis were taken into account. (which it states in the policy, they will be). The Policy states thet if new information is brought to light the metting may be adjourned, and reconvened when further investigations have been made - this did not happen! (My opinion is she had decided before the meeting to issue a warning and was looking for an "in" by asking questions I could not answer.

 

I was very upset and requested an appointment with Occupational Health, to cut a long story short, she backd me 100% and reported that they were very certainly linked and that the flu was bound to vastly intensify my MD symptoms, and that adjustments should be made to take higher levels of absence into account. (I woul like to point out I am not asking for any special provisions, and never have done)

 

Anyway I have put in an appeal with the above reasons and stated that she should have adjourned the meeting when the MD was discussed (as she obviously knew nothing about it) gone away and spoken to OH and reconvened with her judgement. My managers and OH are all very supportive and have asked her to reconsider but her answer is that "I have issued it now, I can't take it back"

 

However I have since been told by a collegue who has had 3 seperate asences this year of over a week each (and 5 last year) - had a stage one meeting today and did not get any warnings/improvement notices!!! He had a bad back and was reffered to OH and put on light duties!!!! I am really angry that I have to go through all this stress and someone who is obviously milking the system is let off scott free!

 

So now I wait for my appeal meeting with her Manager (and best freind) and wondered if anyone had any advice or opinions ...

[Emmzzi]

for one I would stop worrying about how other people are treated, and stop bitching about who the manager's friends are.

 

The appeal meeting with have the additional info from occ health? They may suggest a higher trigger point. You may have it rescinded, you may not. Either way, it's just a first warning, so attend work and it'll drop off soon?

[qpips]

I am not worried about how others are treated, If warnings are being issued I would expect to be treated the same as my collegues, and I think there should be consistency within the HR department.

 

I dont believe I bitched about anyone -The reason I mentioned that her Manger was her best freind is because she advised my manager that her opinion could not be taken into account as we were freinds. (we are only freinds in work)

 

It may be just a first warning but there are only 3 stages to the system and due to the unpredictable nature of MD I cannot garantee the future or whether this incurable disease will hit me like a tonne of bricks tomorrow and render me unable to leave my bed for a day, or a week, etc... The warning will not drop off soon, it remains on my file for a year, and in the current climate, a lot can happen in a year.

 

OH have advised in their report that reasonable adjustments should be made to maybe include higher trigger points.

[Madhatter1]

I agree with you qpips, Every single member of staff should be treated equally unless there has been prior "special" arrangments made. It would upset me, If I had, had less sickness abcesses and got a wanring etc and another member of staff had more and got a stage one report.

 

I would wait for the appeal, If at the appeal they do not take into account the new evidence from OVH ( Wich they most certainly will) I would put in a grievance stating the reasons and this the whole thing would have to be investiaged from both ends.

 

Good luck and I hope your condition dosnt give you to much hassle.

[Emmzzi]

you ave no idea if the other guy has adjustments fr an underlying disability, however. And no right to know.

[vinegarvera]

you ave no idea if the other guy has adjustments fr an underlying disability, however. And no right to know.

Edited

Meniere's Disease is also classed as a disability under the equality Act 2010.

[Emmzzi]

Edited

Meniere's Disease is also classed as a disability under the equality Act 2010.

 

OP states that in the opening post - not sure what relevance it is to how someone else is or is not treated depending on a condition they may or may not have and trigger points which may be entirely different?

[qpips]

I came on CAG to ask advice an opinions as to what to do/expect from an appeal meeting, not to basically be told to stop bitching and just get on with it..

 

I do know the other guys disabilities and adjustments as I arranged his Occ Health refferal. Our firm is going through redundancies at the moment and the criteria take into account absence warnings, disaplinaries etc... He has been bragging to me about how he "dodged a redundancy bullet" by managing to avoid warnings from his recent absences by playing on his bad back to HR..

 

( They told him they would research his condition and get back to him if there was any issue)

[qpips]

I agree with you qpips, Every single member of staff should be treated equally unless there has been prior "special" arrangments made. It would upset me, If I had, had less sickness abcesses and got a wanring etc and another member of staff had more and got a stage one report.

 

I would wait for the appeal, If at the appeal they do not take into account the new evidence from OVH ( Wich they most certainly will) I would put in a grievance stating the reasons and this the whole thing would have to be investiaged from both ends.

 

Good luck and I hope your condition dosnt give you to much hassle.

 

Thank you Mad Hatter, Hopefully they will take the advice of OH. I am not asking for any special favours, and have drastically adjusted my lifestyle in order to stay well - (I have virtually no social life, given up Salt, Caffeine, Dairy and sugar) So I am doing all I can to ensure I dont stay off work.

 

All I am asking for is to be treated equally and for my previous record and performance to be taken into account - (Which it states will be considered in the sickness policy)

[Atlas01]

You are 100% correct that everyone should be treated equally but sickness is always different and also a legal and valid reason to dismiss after going through the employers stages and a reasonable time to recover/recouperate

 

There are many occasions where employees are treated more detrimentally than their colleagues and going off what you have said they do seem to have applied their process much more stringently than others.

 

The problem is this at this stage is an internal issue which if not resolved via appeal or grievance (many employers stonewall and hide behind the you have already appealed to ignore grievances of this nature) but you have the right to raise a grievance but you will have a battle on your hands, personally i wouldn't bother but keep records for any future dismissal appeal

 

Once it comes to dismissal your case will be focused on "is this person capable of sustaining regular employment in their role or another suitable role for the employer" if the answer is no then it will be deemed a fair dismissal

 

I empathise with the injustice but focus on you not others, internally it's a valid argument if your employer is fair but legally it's all about you and you only.

 

Ask yourself, can i do my job anymore without the need for regular days off and regular interruptions to your employers business, if the answer is no all you are left with is any other job your employer has open where you can attend 100% or close to (they don't make up jobs for people anymore)

 

If the answer is no to both you must concentrate on what your going to do next and try to stall the process, eventually they will dismiss you for reasons relating to medical incapacity.

 

My knowledge of your condition consists over 2 mins skimming a wiki page, the question it left me with is how can you control or cure a condition like this so your employer knows your going to be in from one day to the next, if the answer is you can't and you will have regular sickness then i'm sorry and the best of luck dealing with it.

 

This is not meant to sound harsh, only clear

[renegadeimp]

I came on CAG to ask advice an opinions as to what to do/expect from an appeal meeting, not to basically be told to stop bitching and just get on with it..

 

I do know the other guys disabilities and adjustments as I arranged his Occ Health refferal. Our firm is going through redundancies at the moment and the criteria take into account absence warnings, disaplinaries etc... He has been bragging to me about how he "dodged a redundancy bullet" by managing to avoid warnings from his recent absences by playing on his bad back to HR..

 

( They told him they would research his condition and get back to him if there was any issue)

 

One thing you need to remember, is that Emmzzi is VERY experience in these matters. She is upfront and to the point. She's not here to pat people on the back. People ask for accurate advice, she gives it.

[qpips]

You are 100% correct that everyone should be treated equally but sickness is always different and also a legal and valid reason to dismiss after going through the employers stages and a reasonable time to recover/recouperate

 

There are many occasions where employees are treated more detrimentally than their colleagues and going off what you have said they do seem to have applied their process much more stringently than others.

 

The problem is this at this stage is an internal issue which if not resolved via appeal or grievance (many employers stonewall and hide behind the you have already appealed to ignore grievances of this nature) but you have the right to raise a grievance but you will have a battle on your hands, personally i wouldn't bother but keep records for any future dismissal appeal

 

Once it comes to dismissal your case will be focused on "is this person capable of sustaining regular employment in their role or another suitable role for the employer" if the answer is no then it will be deemed a fair dismissal

 

I empathise with the injustice but focus on you not others, internally it's a valid argument if your employer is fair but legally it's all about you and you only.

 

Ask yourself, can i do my job anymore without the need for regular days off and regular interruptions to your employers business, if the answer is no all you are left with is any other job your employer has open where you can attend 100% or close to (they don't make up jobs for people anymore)

 

If the answer is no to both you must concentrate on what your going to do next and try to stall the process, eventually they will dismiss you for reasons relating to medical incapacity.

 

My knowledge of your condition consists over 2 mins skimming a wiki page, the question it left me with is how can you control or cure a condition like this so your employer knows your going to be in from one day to the next, if the answer is you can't and you will have regular sickness then i'm sorry and the best of luck dealing with it.

 

This is not meant to sound harsh, only clear

 

Thanks you Atlas, I guess the answer tot he questions at the moment is - I don't know... As I said, I am trying to do everything within my power to remain not only employable but 100% effective and remain a sought after employee.

 

I appreciate your well balanced and researched response. Thanks again

[qpips]

One thing you need to remember, is that Emmzzi is VERY experience in these matters. She is upfront and to the point. She's not here to pat people on the back. People ask for accurate advice, she gives it.

 

I did not want a pat on the back, just an unbiased optnion as to whether I had a case for appeal, never mind,

.

[Emmzzi]

actually you asked for advice and opinion

 

my advice was to focus on your own case so you don't come across as petty, it will weaken your position

 

my opinion is that the appeal will depend on what the occ health report said. Without sight of the full report and your full absence record for the last 2-3 years it's difficult to be more specific.

[Emmzzi]

One thing you need to remember, is that Emmzzi is VERY experience in these matters. She is upfront and to the point. She's not here to pat people on the back. People ask for accurate advice, she gives it.

 

Thanks, although plenty of people here know their stuff!

[Atlas01]

I appreciate your well balanced and researched response. Thanks again

 

That sounds like someone emailing me back at work after asking me a question and my reply being "dunno"

 

I said 2 mins but i am a fast reader

[Pusillanimous]

qpips, bear in mind the legal definiton of a disability is a condition that has lasted at least 12 months, amongst other things. The other guy with the back may well qualify for the reasonable adjustments, even if he has told you he is trying it on. Best look at the policies in place closely and make sure your employers are sticking to them. Check your employment contract about sick leave. Often, sick leave policy is mean, but quite legal!

 

Try to look for ways to comply.

[vinegarvera]

Appeal upheld!!! Woohoo! Notice removed

[Emmzzi]

...and you are what relation to the OP?