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Hi all I have a question which involves the the disability act or equality act at work I'm not sure which. I'll give you a little background then my question. It's a not too complicated I don't think.
I've worked for a dairy company as a warehouse op for 15 years, my role involves picking stock, stock counting, goods in duties, loading duties and other little bits using mhe. It's a refrigerated warehouse I'm currently on Monday to Thursday nights 6pm to 6am we have a break every 2 hours or so. The company didn't run the warehouse for the first year of my employment it was run by a third party company, the main company took control of the warehouse and started to run it.
Using TUPE conditions to swap our contracts over. When I applied for the job I stated I had migraines on my application form all was good I got the job, about 3 years into the job I had a medical for the flt's I drove at the time and a kidney disease was found in that time from them results, this I was thankful for it's a disease Tay can go undiscovered for many years. Now to my question.
For 12 years or so of having migraines with the main company I was having migraine attacks at work and having to go home for 1-4 days at a time they can come atamy time day or night and when I get them I get flashing lights across my eyes and numbness across my arms or legs they are dibilitating so it's off home for me to a dark room after my poor wife as picked me up and got me to bed. With my migraines I've been up and down the company's sick stage policy like nobodies business the current sick policy is 3 stages with sub stages of that makes sense. Stage one then stage 1 extended up to stage 3 extended. Stage one is 6 months without a day off, if you get a stage one extended you get to start your 6 months again. Stage 2 is 9 months I believe and stage 3 is 12 months without a sick day not many get sacked this way but people do. Now for 12 years I was just up and down these stages nobody had a clue how to look after me I was sent to oc health they used to offer me the usual shift swaps and the use of a dark room for an hour, they did try but no one really knew what to do with me. The 2 years ago a new union man took over and said he was sure I was covered under the disability act for my migraines and kidney diseases. So for 12 years relative little help to we can see what we can do great!!. He got me reasonable adjustments within the stage process which are : the normal stages to trigger it is a 4% of your working year or 2 occasions on the sick mine are 8% or 4 occasions looking at my migraine patterns over the last 15 years I wouldn't hit these targets. My kidney disease doesn't effect me in any way other than I go to the hospital every 3 months to see the specialist which they accommodate me well with, that's my background now what I want to know.
The company has a sick pay structure where you get paid for 2 occasions (at managers discretion) as long as you do a continuous 12 months without a day off the previous 12 months. Now In 15 years I've never qualified for this and never will due to my illness. So my question is under the equality act or disability act I'm not sure which one would the company now have to remove them from my sick record so to speak when they apply this to me ?, so I would be paid for none migraine occasions and it would be like having two separate sick records so to speak. Am i not being treated as fair as I would if I didn't have the migraines ? When I say the two occasions are at a managers descretion nobody gets refused them and everyone is paid as long as that 12 months is hit. If you remove my 4-6 migraines a year from my sick record it's actually not bad. With it it's very poor I hope I have explained everything
I've worked for a dairy company as a warehouse op for 15 years, my role involves picking stock, stock counting, goods in duties, loading duties and other little bits using mhe. It's a refrigerated warehouse I'm currently on Monday to Thursday nights 6pm to 6am we have a break every 2 hours or so. The company didn't run the warehouse for the first year of my employment it was run by a third party company, the main company took control of the warehouse and started to run it.
Using TUPE conditions to swap our contracts over. When I applied for the job I stated I had migraines on my application form all was good I got the job, about 3 years into the job I had a medical for the flt's I drove at the time and a kidney disease was found in that time from them results, this I was thankful for it's a disease Tay can go undiscovered for many years. Now to my question.
For 12 years or so of having migraines with the main company I was having migraine attacks at work and having to go home for 1-4 days at a time they can come atamy time day or night and when I get them I get flashing lights across my eyes and numbness across my arms or legs they are dibilitating so it's off home for me to a dark room after my poor wife as picked me up and got me to bed. With my migraines I've been up and down the company's sick stage policy like nobodies business the current sick policy is 3 stages with sub stages of that makes sense. Stage one then stage 1 extended up to stage 3 extended. Stage one is 6 months without a day off, if you get a stage one extended you get to start your 6 months again. Stage 2 is 9 months I believe and stage 3 is 12 months without a sick day not many get sacked this way but people do. Now for 12 years I was just up and down these stages nobody had a clue how to look after me I was sent to oc health they used to offer me the usual shift swaps and the use of a dark room for an hour, they did try but no one really knew what to do with me. The 2 years ago a new union man took over and said he was sure I was covered under the disability act for my migraines and kidney diseases. So for 12 years relative little help to we can see what we can do great!!. He got me reasonable adjustments within the stage process which are : the normal stages to trigger it is a 4% of your working year or 2 occasions on the sick mine are 8% or 4 occasions looking at my migraine patterns over the last 15 years I wouldn't hit these targets. My kidney disease doesn't effect me in any way other than I go to the hospital every 3 months to see the specialist which they accommodate me well with, that's my background now what I want to know.
The company has a sick pay structure where you get paid for 2 occasions (at managers discretion) as long as you do a continuous 12 months without a day off the previous 12 months. Now In 15 years I've never qualified for this and never will due to my illness. So my question is under the equality act or disability act I'm not sure which one would the company now have to remove them from my sick record so to speak when they apply this to me ?, so I would be paid for none migraine occasions and it would be like having two separate sick records so to speak. Am i not being treated as fair as I would if I didn't have the migraines ? When I say the two occasions are at a managers descretion nobody gets refused them and everyone is paid as long as that 12 months is hit. If you remove my 4-6 migraines a year from my sick record it's actually not bad. With it it's very poor I hope I have explained everything
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