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Public sector stage 2 at the almost end of stage 1

3 replies

misslml · 09/01/2024 19:49

Does anyone have any experience of being on a stage 1 for 6 months. After being admitted to hospital numerous tests under a specialist. Then take ill towards end of stage 1 review with same thing that's under investigation and automatically get put on a stage 2 ?

OP posts:
Neriah · 10/01/2024 17:46

This isn't 100% clear, but if I understand this correctly...
You are already in stage 1 due to high absence rates, and have targets to meet in this six months. You have already exceeded the targets before the end of the six months. That would mean that you automatically go to stage 2.

The reasons for absences have no relevance. It is POSSIBLE that standardised targets could be adjusted as a reasonable adjustment for disability, but can't be the case here. Even when it is the case, whether the adjustment is reasonable depends on circumstances.

Normally you only come off sickness absence monitoring if you complete the periods set without exceeding your target.

Did that answer the question?

misslml · 11/01/2024 20:50

Basically last April 3 days sick.

Last June calopse in hospital then 2 weeks sick. Put on stage 1.

No more time off sick since returning.

Then December just as stage 1 due to end calopse in work. Again admitted to hospital off for 2 weeks. Now on stage 2.

Under investigation due to underlying health causing the episodes due to endometriosis. Which I understand can fall under the disability act. Both sick lines were for same reason off being off

OP posts:
Neriah · 12/01/2024 12:46

Sorry but what you are describing sounds correct.

Point by point:

  1. Within the stage 1 period you had two further weeks off work sick. This will automatically in itself trigger stage 2. You said that you didn'ty have any more time off work since returning - but you did because you had two more weeks.

  2. There isn't a disability act - it is the Equality Act 2010, and it gives far less protection than people would have you believe.

  3. It doesn't matter if the periods of sickness were for the same thing or for different things. It is the total number of days off for any reason that counts. Only annual or other authorised leave is not included (unless, of course, you are pregnant).

  4. Endometriosis may be considered a disability, but with one or two exceptions no health condition is a disability just becaise it exists. To be considered a disability the condition must have "a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities". Very few cases of endometriosis would meet the threshold.

  5. Even if you did convince the employer to consider it a disability - and that is unlikely - that does not get you out of sickness absence monitoring. At best it may get you a few days leeway. For example, I am disabled - extremely so. My employers policy is that the normal trigger for sickness absence stage 1 is 9.5 days or three occasions. Because of my disability mine is 11.5 or four occasions - so just a little more. Disability is not a get out clause. And any such adjustment falls under the category of "reasonable adjustments" - I work for a very large employer who can be required to be more flexible, but what is reasonable for my employer and what is reasonable for another employer are not the same thing. It depends on specific circumstances.

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