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DDA and disciplinary action

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fiesata | 22:47 Sat 19th Apr 2008 | Law
5 Answers
i work for a large organisation (nearly 100,000 employees)and recently had to have 2 months off sick due to lower back and leg pain
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I have been back at work 6 weeks now and on Friday my line manager told me she would be meeting with me to consider giving me a warning about being off sick next week

Prior to this I have only had 9 days off in the last 3 years in two absences both covered under the DDA ( OHS referral decided this)

My condition affects the nerves in my right leg and causes me to have difficulty walking all the time. It has been confirmed this is covered by the DDA and I get higher rate mobility allowance for it.

Because of this I also have lower back pain due to the stresses placed on my back and the fact I end up sitting for long periods due to the burning pain I get

Do I have any rights under the DDA to challenge this warning?

I am in a union but they don't seem much help at present

Thanks in advance
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The employer shouuld make allowances for this and try to help you but if the absences are causing concern the employer can invoke the capability process
Question Author
As I said above prior to this I only averaged 3 days a year should this be taken into account?
Get your union to help more. If you can't get your local rep to do anything get on to your regional/head office. You need representation.
You should read up on the absence/capability procedure at your company. I can understand your being concerned that there is a meeting but remember it's only to consider your record and consider whether action should be taken. It may be that you will be 'informally counselled' or that a medical expert report may be sought. The worst I would expect is an oral warning, but that is usually the first step in a fairly long process.
If you return to work soon and the absence record improves sufficiently the warning may simply expire.
If you stay off or it doesn't improve you may eventually move onto written warnings and final written warnings, but that may be some time off.
Make sure you get a colleague or union rep to attend with you and ask them to argue the point about DDA- the employer should make adjustments and perhaps set different criteria before taking action.
But at the end of the day if your absence continues for months or you regularly have long absences the employer is entitled to dismiss you.
Question Author
Thanks for the replies as I said above this is a rare absence for me and I've been back at work 6 weeks.

I shall try and get a union rep in on this as advised

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