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Vette73ds
04-01-2006, 02:56 PM
Hi All

Sorry I haven't posted much for quite a while but my fingers have started to hurt so much that I find a day's typing just about finishes me and all I can do is log on and have a look at new posts.

I have a query that i'm not sure whether anyone will be able to help with, I will also be having a look at the DDA links pinned to this section, but hoped someone had some first hand experience.

Where I work we have what is called a performance management process review each year. This decides how much our annual wage rise will go up or if we get a rise at all.

In the past i've had no problems, but this year they have introduced absence as part of this performance and so anyone who has had more than their 'alloted time' off either gets a reduced increase or no increase at all.

As I have had more than their 'alloted' time I have a sneaky feeling that they are going to try and stop my increase, although I do more than a lot of colleagues that have a 100% absence record.

I am a member of a Union but they are about as much use as a chocolate fireguard, so I wondered whether anyone knows if they are allowed to do this as all my absence has been related to my current medical problems?

Any advice would be gratefully received.

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oesa
04-01-2006, 04:40 PM
Hi Vette - We have a similar process at my workplace, but my performance evaluation is based on goals I set out at the beginning of the year. I work with my supervisors to develop them, and they must be both a stretch for me, and directly related to my actual role in the organization (cleaning out the fridge weekly wouldn't count.) I also include the resources I'll need to accomplish them and any assumptions I've made about timing of projects, etc.. That way, my review is actually based on what I've set out to achieve, rather than any subjective perceptions about how I'm doing.

If your workplace doesn't do that, you might consider asking them start a similar process. It's hard to argue against measurable achievements, even if you've missed days....

Lisa

BethannUK
04-04-2006, 11:44 AM
It sounds like this might be a violation of your disability rights-

They do not have a right to penalise you because of your specific health needs- I would contact CAB and get in contact with someone who knows more abut pursuing the legal specifics-
it's too bad the union isnt being helpful- maybe if you contact their main office???

Bern2
04-04-2006, 02:46 PM
Hi Vette,

Try going up the line in your union and find an equal opportunity rep who is trained in disability issues! If your union are not prepared to help try these websites! They may help you.

Disability Rights Commission http://www.drc.gov.uk/ You can phone them for advice.

http://www.hse.gov.uk/sicknessabsence/index.htm Health and Safety Executive

You may need to ask your employer for a referral to occupational health in order to accertain your status as a person with a disability as defined by the Disability Discrimination Act (DDA). Try looking DDA up on the web. If you fall within the definition of the DDA, the doctor may recommend an allowance be made for extra sick leave in connection with your Lupus, along with any other identified problems that need assistance to help you do your job more comfortably. The aim is that you and your employer are complying with the law, that you retain your job, they retain a valued experienced member of staff and conflict is avoided!

This is exactly what happened to me. Amongst other help, I was allowed extra sick leave, and all leave connected to Lupus was excluded if I remained within the limits! If your health deteriorates further then ask for another referral back to occupational health for an uptodate assessment.

All employers must consider 'reasonable adjustments' when an employee is classed as a disabled person under the DDA.

Access to Work is a government run organisation which helps both employers and employees find a solution to problems encountered with health issues in the workplace. Try the Access to Work website. Or again, you can get their phone number from the local Jobcentre.

If I can help further, please let me know
Good Luck

Bern

Vette73ds
04-14-2006, 02:02 PM
Hi all, thanks for your replies.

I did go up the line in the Union and they just referred me back to the rep (round in circles).

Anyway, the good news is that they didn't stop the pay rise, they ummed and aahhed about it in the meeting and said that they wouldn't. I did inform them that I was pleased with the decision as it would have been considered as discrimination.

I don't know why but my manager seemed to think that I was suddenly going to get better (even though I had explained everything to them before), I then had to sit and explain to him that with the things I have, all of them are with me for life and that none of them are going to miraculously going to get better and that I will either stay the same or get worse. The look on his face, if I had a camera!

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Clare.T
04-14-2006, 06:40 PM
Well done Dee - I am glad you succeeded.

People hear what they want to, not what they need to. Maybe you will get better acknowledgment of difficulties all round from having had this chance to restate your situation.
Shouldn't there be something on permanent record ?

If you don't already, it's a good idea to keep a detailed record of all encounters and incidents in case there's ever a need to produce a history.


Here's to better days !

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Clare

Bern2
04-15-2006, 12:21 PM
Such good news. Good work Vette!

May I suggest that now you have your manager on your side is the right time to arrange for any adjustments you may need. As you have had concerns about work issues, I would consider taking the issue forward to the next stage. When a resolution is found and put in place it will relieve you and your employer of the constant worry about 'doing the right thing' on an annual basis. Tackling it now will reduce your anxiety and stress levels, as you and your employer will know what the issues are.

Your employer may need to consider 'reasonable adjustments', in order to make you more comfortable at work, and give you a level work field with your other colleagues. That may include altering target levels and extending sick leave amongst other considerations.

Your employer can refer you to occupational health or Access to Work for an assessment of your needs. It is your employers responsibility to look after your wellbeing at work. You do not provide medical evidence, your employer will ask you to sign a form giving permission for access to your GP and hospital medical files for the Occ Health Doctor.

I would suggest you speak to your GP and Consultant about your work issues - get him/her on your side. The more positive support the better! You are entitled to see any reports. So ask, if you want to see the reports. If you are not happy with the information you can appeal. I did, and I got my Lupus Consultant involved in my assessement which produced the right support for me at work.

If your manager is unsure I think the first contact could be Access to Work for advice.

If you ask for adjustments and nothing is done you could contact the Disability Rights Commission web site for advice on 'what next'. They give examples of the type of 'reasonable adjustments' employers can make. The site is worth a visit to help you approach your manager about your particular requirements.

Once informed of an employees disability some action by the employer is required to make 'reasonable adjustments', if they are required. There may be a measure of financial help for the employer through Access to Work if spending is involved. So they will only gain in retaining you as a 'happy employee'.

You have made the hardest and most important move by having a full and frank discussion with your manager. I hope you decide to take your case forward because you will feel much more settled at work without disability issues worrying you.

Good luck. Please let me know what you intend to do.
I am happy to help if I can.

Regards
Bern