Migraine absences = attendance review meeting

[Alwaystired80]

Hi there.

So I have worked for NHS 7 years. Being in my current dept 3 years. Made them aware when first started and when interviewee for current job I suffer from migraines.

So had 3 occasions of absence in 12 months, all because of migraine and months apart. On two occasions had one day off and other occasion 2 days. So 4 days off in 12 months.

Been told by my team leader my manager wants to have an Attendance Support Review Meeting. Never even heard of this. When I've looked at the policy it states "where monitoring identifies that recurring patterns of absence are emerging over time the manager may decide to address this by instigating the Short Term Sickness Absemce Procedure... would include prolonged periods of absence where the employee has returned back to work but has been unable to maintain their absence or several occasions of repeated or intermittent absences".
It states I would be told what a reasonable level of absence would be and would allow 2 absences in 6 months. I will be reviewed every 6 months.

Am I right to be annoyed and upset about this? All 3 absences were due to migraine which they know I suffer. Should they not take this into account? If I didnt suffer from migraines I would have gone 14 months without any absence. My absence over past 3 years is not bad.

For background I have suffered from migraines for 30 years, saw a neurology consultant in 2018 and diagnosed with chiaria malformation, been on 4 different types of preventative.

My meeting is tomorrow. Does anybody have any advice? Anyone suffers from migraines or dealtnwith employees with migraine?

Thank you 😊

The Migraine Trust sent me an email when I asked for advice saying that I don't suffer enough migraines for it to be considered a disability.

The thing is they are not always spread out I do sometimes get a couple a month then can go 2-3 months not having one. And when I do get it is absolutely horrendous and I can't do anything.

I can't remember where I read it but can Occy Health decide if you have a disability? I've read if it is considered disability then some sickness related absence in regards to migraine can be disregarded so your not at a disadvantage when it comes to Sickness Absence Procedures.

Ultimately, it would be a tribunal panel that would decide whether claimant X is disabled or not. OH and your union could only advise based on tribunal precedent.

So I'm now wondering what precedent the Migraine Trust are basing their advice to you on.

https://www.thehrdirector.com/legal-updates/legal-updates-2022/shop-worker-wins-disability-discrimination-claim-suffering-paralysing-migraine-work-told-tough-boss/ This woman won and was getting weekly attacks.

Hopefully have attached their reply. I think I have read it correctly? I'm not sure my GP would be prepared to write a letter as they so busy but I could ask.

@Honest1980 I would start with OH.

I don't understand why they don't just adjust your absence triggers, but then I'm sensible.

Exactly this. I am going to suggest this to OH when I have my meeting next month...

I had my hemiplegic migraines exempted from absence reporting process in relation to 3 absences in a rolling year on the basis they were a disability. Are yours triggered by hormones and could you get extra support via a menopause policy? It's really unfair if you're being made to feel guilty for absences in this instance and it actually makes coping with migraine harder. I'm not NHS, I'm a civil servant.

You have met the threshold for a meeting so really your managers are just following policy. What your illness/disability is & whether it was all caused by same condition is irrelevant at the stage the meeting is triggered. It's not personal or them out to get you. If you were off for a long period to have a hip replacement or because you had a broken leg etc you would probably also trigger this meeeting. Have you had return to work interviews at any point in employment which mentioned migraines, or have been documented anywhere in writing? Have you ever asked for support or reasonable adjustments? Now is the time to get support. Regardless of your managers attitude there will be strict policies in place they have to follow, they cannot just disregard you as they don't understand migraines. Have a look at the access to work policy too. Good luck, you will be fine