Can I defend myself with the disability act?

[Adrasteia]

Re: Can I defend myself with the disability act?

I am sure that they are just following process, they do after all have to be seen to apply a policy consistently and fairly . The way i know these policies is that at worst your would get a first warning so not anything too harsh.

I am afraid that it is a fallacy that you can not be fired for absence if you have a disability . I think this has been talked about many times before . If your disability means that you can not do your job then yes the employer is under a duty to see if they can make reasonable adjustments but can still dismiss you.

Look at it this way, if you were a porter and lost your eyesight would you really expect to be employed as a porter? If that were the only jpb available or you were qualified for then it is inevitable that you would lose your sight.

Saying all that , please involve your Union rep

[mariefab]

Re: Can I defend myself with the disability act?

If you do involve a union rep, please avoid the one that said that you are expected to apologise for being off sick.

[judgemental24]

Re: Can I defend myself with the disability act?

Being a Branch official for over 20 years i have never heard a trade union rep ever say that. They would sooner cut off their right arm

More like an employers work place committee than a union official

[mariefab]

Re: Can I defend myself with the disability act?

When you write to them, change 'That you believe you have a disability.' to
As you will already know, Occupational Health informed me that my asthma is a disability.

[Moohound70]

Re: Can I defend myself with the disability act?

As long as I take my inhalers (which go with me everywhere I go) I can do my job with no issues whatsoever. If I do keep my job, then if they need on call cover at the last minute or someone to stay for an over-running list then quite frankly they can take a running jump, I would always put myself and my family out to cover the service and go the extra mile but no more.

I swear that is what the UNISON union rep said, it was informally though, I have been assigned someone else to represent me at the panel though.

[mariefab]

Re: Can I defend myself with the disability act?

When is the meeting being held?

[Moohound70]

Re: Can I defend myself with the disability act?

I do not have a date yet

[mariefab]

Re: Can I defend myself with the disability act?

When did they inform you that they would be taking you through this absence process?
Did they do so in writing?
If so, was there any indication in the letter about the potential consequences?

[Moohound70]

Re: Can I defend myself with the disability act?

I was informed in writing on the 5th of October, there was no indication in the actual letter about the consequences but it says 'I confirm that you are now being referred to a panel as per the Managing attendance policy' The policy does say that dismissal could be a consequence or action short of dismissal and maintenance on stage 2.

[mariefab]

Re: Can I defend myself with the disability act?

Would you be interested in changing tack and going on the offensive?

[Moohound70]

Re: Can I defend myself with the disability act?

In what way?

I have done a letter as advised, lets see how that goes down.

Slept for 90 mins last night, just what you need before a 10 hour shift.

[mariefab]

Re: Can I defend myself with the disability act?

I'm thinking formal grievance on the subject of the ongoing disability discrimination.

[Moohound70]

Re: Can I defend myself with the disability act?

Might be worth a try, can't make me feel any worse.

[Moohound70]

Re: Can I defend myself with the disability act?

HR person said they have not contravened the Equality act, my panel hearing is pencilled in for the 30th November, I am meeting with a UNISON representative tomorrow lunchtime.

Not having a good day, crying a lot and I had to ring the mental health nurses for emergency counselling, I don't know why this has affect me so badly I can usually cope with most things.

[mariefab]

Re: Can I defend myself with the disability act?

So, they intend to hold an absence meeting on a date when your level of attendance in the last year will be 97.8% !

Do you want me to write out your grievance letter for you?