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Author Topic: Attendance review  (Read 3801 times)

dfl

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Attendance review
« on: 14-01-20, 06:04AM »
Is there any rules re an employee's own manager (who the employee and the manager have a poor working relationship) doing the employees Attendance review ?
DFL

Expressdude2016

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Re: Attendance review
« Reply #1 on: 14-01-20, 06:13AM »
No and you tend to find it is your manager who does your attendance review.

DJL

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Re: Attendance review
« Reply #2 on: 14-01-20, 06:48AM »

dfl

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Re: Attendance review
« Reply #3 on: 14-01-20, 08:47AM »
Attendance is obviously over review level but not by much issue is that it is an ongoing health issue which I have requested occupational health involvement in more than one occasion and also requested a reasonable adjustment (albeit long term but perfectly doable and reasonable) which has never been done
DFL

madness

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Re: Attendance review
« Reply #4 on: 14-01-20, 01:12PM »
You can ask for another manager to take the meeting if you feel the decision won't be impartial.

dfl

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Re: Attendance review
« Reply #5 on: 14-01-20, 02:30PM »
Is that in the policies that another manager can be requested ?
DFL

NightAndDay

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Re: Attendance review
« Reply #6 on: 14-01-20, 03:12PM »
You can request another one, but it's pointless, there is no impartiality, if you request another manager the original manager will just say to him that you're a wrong'un a troublemaker that needs to go, chocolate in the managerial peanut butter if you will. Your best defense is policy, documentation and litigation.

madness

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Re: Attendance review
« Reply #7 on: 14-01-20, 03:13PM »
Explain why the meeting has been arranged. Introduce everyone in the room and explain what format
the meeting will take. Explain to the colleague that the outcome of the meeting could be that they are
issued with an absence warning (or dismissed depending where they are in the process). Ask whether
they are happy to continue.

This is taken from the absence review pack.
The point about explaining who is in the room might go something like this

" I Frank will be holding the meeting and Bob is the notetaker are you ok with this mr DFL?

DFL "No I am not comfortable with Frank taking the meeting as I am currently sleeping with Franks wife so don't think the decesion will be impartial"


Something along those lines

Cleaner1

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Re: Attendance review
« Reply #8 on: 14-01-20, 03:48PM »
 ;D  Madness

dfl

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Re: Attendance review
« Reply #9 on: 14-01-20, 04:49PM »
Think that may be a wee bit extreme, lol, however there is a point, why would you be even asked if your ok to continue
DFL

madness

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Re: Attendance review
« Reply #10 on: 14-01-20, 05:22PM »
Because that is the process, explain meeting, whos there, the reasons want a rep and ask if ok to that.

londoner83

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Re: Attendance review
« Reply #11 on: 14-01-20, 05:50PM »
If you haven't been asked the process hasn't been followed. There could be any host of valid reasons why a colleague isnt ok to continue:-
1) 2x male managers when absence was PMT.
2) Older employee feeling 2x 19 year old managers would understand their conditions.
3) issue with manager in previous meetings.

Rad

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Re: Attendance review
« Reply #12 on: 14-01-20, 09:27PM »
You are asked if you are ok so that you cannot later say you were ill or under pressure etc when challenging the decision.
 

madness

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Re: Attendance review
« Reply #13 on: 14-01-20, 10:46PM »
If you haven't been asked the process hasn't been followed. There could be any host of valid reasons why a colleague isnt ok to continue:-
1) 2x male managers when absence was PMT.
2) Older employee feeling 2x 19 year old managers would understand their conditions.
3) issue with manager in previous meetings.

Points 1 and 2 in your post could be counted as ageist and sexist.

Redshoes

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Re: Attendance review
« Reply #14 on: 15-01-20, 08:01AM »
Attendance is obviously over review level but not by much issue is that it is an ongoing health issue which I have requested occupational health involvement in more than one occasion and also requested a reasonable adjustment (albeit long term but perfectly doable and reasonable) which has never been done

You need an adjustment passport in place before occupational health. You can add in letters or any other official documents you have. You can use existing fit notes. Once this is in place you can request occupational health. This will give you a phone consultation and will be followed up with a detailed report. Your manager will only be informed of things like "no heavy lifting" as a result of this report. The report goes to you and group pm but it's confidential. You can however grant permission for your manager or anyone you want to see this document. You can bring in a copy that will be held in a sealed envelope within your file.
Just be aware that as a result of this report you are not automatically granted a different job role. The company only has to try and accommodate the recommendations, try is the key word. Nobody can be moved from a role to give a job for you. Service roles that are customer focused have the right to seek out service driven colleagues. The service roles used to be the place that people were placed when suffering health issues but this should no longer be the way we do it. Experience says that you can't always judge this so people should be given a chance.
Whilst all this is going on you can apply for any vacancy within your store. Sign yourself up to the online application process, this will prompt you to job becoming available. As an existing employee you don't need to go through the right to work. If you have a disability and click that box you are guaranteed an interview.

forrestgimp

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Re: Attendance review
« Reply #15 on: 15-01-20, 08:01PM »
I did non of this when occupational health did my assesment, The passport came after as well so it could contain any recomendations they made.

Also you make it sound like the company can just say 'oh we tried but bad luck'

Nope doesnt work like that, They will need to make sure they make every effort to accomodate you including reorganising your job or even moving you around the business if that is recomended, Should they fail to do so they will have to explain to the tribunal panel why a multi billion pound company was unable to accomodate you, because we are not talking a company with 10 employees here where it would be unreasonable.

So do not allow yourself to be brow beaten into accepting anything that is not suitable, also, i believe I may have already mentioned access to work in a previous thread, phone them up arrange a meeting at work there is no need to tell your managers other than courtesy the assessors can not be refused entry nor can Tesco refuse to allow you to meet with them and the recomendations they make will be acted on trust me.

Redshoes doesnt really have any clue what they are talking about as until you get threatened with the sack for being disabled (not in so many words but we all knew what they meant) and start the ball rolling officialy managers will believe they can do anything they want so long as they say 'Needs of the business' I am living proof this is not the case.



https://www.gov.uk/access-to-work     make an appointemnt it will be the best 10 mins of your time you ever spent.
« Last Edit: 15-01-20, 08:06PM by forrestgimp »

dfl

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Re: Attendance review
« Reply #16 on: 15-01-20, 08:35PM »
I had ongoing issues for which I had a fit note stating no heavy lifting and adjustment plan was in place where I was on a different job role but o.h. was still refused
DFL

NightAndDay

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Re: Attendance review
« Reply #17 on: 15-01-20, 09:13PM »
If you can get a doctors note saying this is a long term condition, then Tesco has to support you, OH would be their way of doing that, but to get the necessary legal protection, a doctors note saying long term or life long is the starting point, followed by grievances to the effect of tasks being assigned to you which you are medically exempt from fulfilling.

Redshoes

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Re: Attendance review
« Reply #18 on: 16-01-20, 10:56AM »
I did say that they only have to try to find you another role. They do have to do that but there is a line, they don't have to create one. Reasonable steps need to be taken.
An adjustment passport should come first but you can go straight to occupational health. I have seen done on same day. The passport is to support you pending recommendations or to support you with restrictions if not going oh way.
Everybody has rights, the law is clear on this but it's everybody. No one person has more rights than another. The company has to endeavour to find a suitable role but once again I will say, it does not have to create one that exists for a single person because of disability restrictions.

dfl

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Re: Attendance review
« Reply #19 on: 16-01-20, 04:50PM »
I've basically pleaded at previous back to works for o.h., not many and only one of them went to AR before and job role was moved for about 6 weeks iirc, then it went back to normal, but I know my own body and in all honestly know that the job is getting a bit to heavy for me now. For ongoing tho i've asked for another role which is lighter even if it's for 1 day per week, eg click and collect instead of driving as that avoids the heavy flats we get regularly, has fell on deaf ears so far tho
« Last Edit: 16-01-20, 04:54PM by dfl »
DFL

NightAndDay

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Re: Attendance review
« Reply #20 on: 16-01-20, 05:07PM »
DFL, the law is your friend, in rare cases, the law drops the brown stuff all over Tesco policy (policy has to be as compliant as the law as a minimum), get the doctor to give you a sick note saying long term disability, must be exempted from x-y, comply with duties at Tesco that are within remit of said sick note and refuse to do any tasks that are in violation of sick note, if you get disciplined, grievance, appeal, request OH assessment, if refused, grievance til you get OH assessment, if OH says you're fine go to ACAS and start proceedings for an employment tribunal for disability discrimination and unfair constructive dismissal.
« Last Edit: 16-01-20, 05:09PM by NightAndDay »

alf

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Re: Attendance review
« Reply #21 on: 16-01-20, 06:08PM »
I knew this all sounded familiar.

https://www.verylittlehelps.com/index.php?topic=16928.0

Dfl has/had fit notes, tesco made adjustments to account for the fit notes.

Hell Dfl wanted to grievance because they wanted their manager to go against the fit note instructions and their manager wouldn't. Totally bonkers.

madness

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Re: Attendance review
« Reply #22 on: 16-01-20, 10:35PM »
Yeah reread through that thread and manager has been supporting. If you can't do the drivers job then you need to move to one in store but that has a drop in pay.
To answer a question you asked in the other thread no it is not illeagal for non drivers to have the keys to a click and collect van when they are sitting in it.

londoner83

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Re: Attendance review
« Reply #23 on: 17-01-20, 06:00AM »
Tesco has to be seen to make reasonable adjustments to support you back to work.

If your illness means you temporarily can't do all of your role, help may be offered to cover the bits you can't until such time as you can.  If however you are saying you permanently can no longer physically do the job you are contracted to do this can include changing your role to something more suitable rather than going through ill health retirement route.

Put yourself in Tesco's position and ask what more you think your manager could have done in your specific case.

 

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