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thejamman

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About thejamman

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  1. Thanks for the replies. Got a meeting with manager and HR tomorrow. Union rep will be with me, I just wanted to be aware of what I could do before I go in. I signed a disclaimer at the beginning of the treatment which may put paid to that. But the fact that they caused the original injury in 2016 should surely have a bearing. It is in the attendance policy that absence from works accidents are removed from any triggers.
  2. Hello folks, I work for an engineering company and 2 years ago I had a works accident which damaged my back. I made a successful injury claim through the employment tribunal system and still suffer considerable pain at times. The company have a Physio service contracted to visit 2 days a week and I attend once every week. I have always had the same physio attending for the past 8 months who has helped greatly and a full log of treatment was kept up to date on their computer system. However a different physio attended 6 weeks ago and could not get access to my treatment log (company wifi fault). She was a little too zealous with her manoeuvring of my 59 year old body to such a degree that my back went into spasm and I was absent from work for 2 weeks. Here is my problem, I do not wish to pursue any claim or anything of that nature, but that absence has meant I have triggered the absence policy and would put me on a first stage warning. Surely as a representative/third party of the company they should treat it as a works accident, which would mean it is exempt as a trigger under our policy. Granted it is not an accident but it is an injury caused by a third party paid for by the company. After all I would not have had to have any physio work if it was not for their negligence in the first place. Am I just wasting my time with a grievance to argue the point out? Thanks for reading, any advice would be appreciated.
  3. Hi all, A friend has been bullied and harassed enough to quit his job after only 9 months. He resigned and I was wondering if he could still take his harassment to an Employment Tribunal or is there a time restraint for length of service. Thanks in advance for any replies.
  4. Hi everyone, A friend of mine is attending a disciplinary hearing tomorrow, she has good evidence of innocence so the content is not the issue. The problem is the MD of the firm is the one who wants her sacked and has carried out the investigation herself ( totally unbiased of course) She has brought in a friend of hers in to do the disciplinary hearing and she doesn't even work for the company. Is this common or unlawful? Thanks in advance people.
  5. The accident was an injury to an ankle following a slip on some grating which had not been cleaned properly. It resulted in an operation after 2 months of sickness. The accident was recorded in the accident log. The company did not carry out an accident investigation, did not report to RIDDOR and did not do review the risk assessment following the accident. Riddor is a legal requirement and the risk assessment is contrary to reg 3. of the Management of Health & Safety at Work Regs.....but is the accident report a legal requirement?
  6. Hello, could someone please tell me, after an accident at work....is an accident investigation a legal requirement.
  7. Me, if I were on a stage 3 with a sore tooth, I'd dose up on painkillers until I could agree annual leave for the appointment, or pay extra for an out of hours private dentist. I totally agree Emmzzi, thats what I would have done. The company allow 5 medical appointments each year within works time, so I would have arranged an emergency appointment at the dentist and utilised one of them. But that absence is not the issue, he would never had been at the third stage if his manager had not ignored the fact that he had full knowledge of a pending operation, which would allow my friend to improve his health and also allow him to return to work. If the manager had said sorry you cannot have the time off for the operation, would that have been a breach of his duty of care. If it was an operation to remove a cancerous tumor, would he need to make a decision to either save his life or save his job. I cannot see how not taking into account an employees need for surgery in an attendance policy is not a breach of duty of care. ACAS states: Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and wellbeing. Demonstrating concern for the physical and mental health of your workers shouldn't just be seen as a legal duty - there's a clear business case, too. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury. An employer can be deemed to have breached their duty of care by failing to do everything that was reasonable in the circumstances to keep the employee safe from harm. He has been working for the company for 4 years.
  8. A friend of mine has just been dismissed from his job due to breaching the attendance policy. The trigger for the first stage is 3 times in a roling 12 months. With that there is a 6 month period with no periods of sickness allowed. If breached you move onto second stage with the same 6 month period. Third stage is the same. Then dismissal. He says the first stage was fair, in that the reasons for sickness were flu, back injury and toothache. But the second which was within the 6 month review period was for an operation on his leg, which was planned with the full knowledge of his supervisor and operations manager 2 months ahead of time. They arranged alterations to the amount of work for his section and did not inform him that if he had his operation he would then be in breach of the policy and would then be issued with the second stage disciplinary. The next absence also included an operation on his shoulder. The fourth a tooth abcess. My question is, should the operations, which were obviously fully known to management and therefore authorised have been taken into account. Or is it just that this is a particularly nasty company to work for if you need to have any sugery. I understand someone who needed to have a biopsy done was also given a warning.
  9. Well the good news is the lump was not cancerous. The reason it took so long was that the two biopsys were inconclusive. I have spoke to our MD today and he has said he was not happy with the way the absence hearing was conducted and he will have a look at it.
  10. I will not know until tomorrow, but thanks for asking. I am still anxious and extremely worried yet my employer still puts me under even more stress. Is it getting nearer to duty of care yet???
  11. There is a six month improvement notice with the first stage and who knows what happens in that time. If I am off even for one day then its onto the second stage. if there is a chance of getting it rescinded then it needs fighting. As far as Im concerned they have set a presedence with allowing someone else to have their operation for a cosmetic reason but denied mine for a cancerous lump.
  12. Thanks for the replies: Our trigger point is 3 occassions in a rolling twelve month period and my absences were for three days, 5 days and two weeks recuperation for the operation. My manager and HR department were kept informed fully that the operation was to remove a cancerous lump on my thyroid and obviously that I was very worried and could not have waited until I was not going to trigger the policy. They fully accepted that I needed to have the operation and at no stage did they warn me that if I had the operation I would be coming back to work facing my first disciplinary hearing in 20 years of working there. I understand that another employee was told that if they went and had their operation it wouldn't count as it was a pre-planned absence and the company could obviously organise themselves knowing in advance that he was to be absent. I gave them two months notice, surely that is enough.
  13. I have just received a first stage warning under my company's sickness/absence policy. I have been absent on three occassions, that is correct. But one of those occassions was when I had to enter hospital for an operation to remove my thyroid gland which had a suspected cancerous growth, biopsy's proved inconclusive. Surely using this period of absence to facilitate this warning means the company are not showing me the duty of care that they are legally obliged to do. What did they expect me to do...wait until February to have this potentially life threatening operation. I am obviously going to appeal this disciplinary measure. Is duty of care the best direction to go. Thanks in advance of any replies.
  14. Hi everyone, we have an enhanced redundancy package which was negotiated and signed by the union and MD in 2002 when our factory moved its business. This package was also used in 2004 when a second spate of redundancies were needed. The HR department have been issuing new T&C's with any promotion, but state statutory redundancy only. My question is; if this contract is signed by the individual does it take preference over the collective agreement in place? Or, is the only way they can change this agreement through collective bargaining with the union? The union has not been consulted in this matter.
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