Worried about level one formal absence review

[Mayneffy]

I've been informed today that I will be having a level one absence review meeting in a few weeks. I had a period of absence in Feb 24 due to viral infection which exasperated my asthma and then again in January 25 due to the same thing again. My asthma is usually mild but if I get a cold/flu then that makes my asthma a whole lot worse and takes longer to recover, (week and a half and two weeks). What's your advice? Should I take a union rep with me etc?

[Jolu29]

Hi think.it depends what workplace you are in. I've had lots of meetings before not had rep. I work for county council if your off more than 3 times a year you trigger. I am off every month at mo.

[Homely2 Administrator]

asthmaandlung.org.uk/living...

If you read this link it gives the definition of a disability for employment purposes. I would have a chat with your relevant union expert about whether your asthma is a disability.

If it is a disability I would ask your union rep to ask for you whether an absence review meeting is not a bit heavy handed for an absence caused by your disability.

I would definitely take a union rep, I would also take your asthma plan to the meeting, and a list of the steps required to make it easier for you to operate at work with your asthma.

I am sounding a little militant, so do it all nicely, with a smile.

[Birthday60]

sounds as if your employer has proper systems in place and is working to recognised best practise / 2 absences in 3 months. Unless you have direct knowledge that they treat people badly I would be too quick to engage unions as if may not bd helpful. Just go in and bd yourself - ic your previous attendance is ok then it will just be a chat and maybe they will ask what they can do to support you

[Mayneffy in reply to Birthday60]

Hi there, just to clarify it was two absences almost a year apart, Feb 24 and Jan 25.... Which is pretty good going for me

[peege]

Yes, if it was me I'd definitely be taking a union rep with me - preferably one with respiratory support experience if such a person exists. I cant be sure of this but it might be possible to take a medical person with you. I do hope you've got time to organise this along with medical paperwork . Very best of luck.

[Mayneffy]

I'm concerned that a union rep would be too heavy handed and wouldn't look good

[Homely2 Administrator in reply to Mayneffy]

Chat it through with your union rep. They will know how your employer operates and what is appropriate where you are.

[Poobah in reply to Mayneffy]

I'm retired now, but was a union rep for some years & any meeting regarding one's sickness absence can feel daunting. I was also a manager, so have sat on both sides of the table.

In a Level 1 sickness meeting, the questions to ask an employee would focus on

• understanding the nature of their illness,

• its impact on their work,

• and potential support needs.

So it should be an information gathering exercise to help the manager understand if they need to take action, in terms of support or an informal warning. The latter should NOT apply as asthma is considered a disability (long term condition & affects one's daily life) under the Equality Act 2010.

Asthma isn't specifically listed in the Equality Act, but the Act gives the definition of any long term condition that affects one's daily life as a disability for the purposes of the Act. If your meeting is with HR they will know this, however it's usual for any confirmation to be made by a qualified occupational health practitioner if there's any doubt.

In my experience, it's not unusual for the employer to refer the employee for an occupational health review, in order to seek confirmation that the employee is covered by the Equality Act and to understand what, if any, reasonable adjustments can be made to support the employee at work. Reasonable adjustments can be a change of duties, physical adjustments in the workplace, a more flexible absence schedule (medical appointments, sick absence, phased return to work, anything to accommodate the illness (within reason)).

If you have an asthma plan, do take that to your meeting together with a list of your asthma meds, even if you only take Prednisolone and antibiotics occasionally, include them. The meeting is your opportunity to explain how badly you're affected by your asthma when you catch a virus and the recovery process. I assume your GP provided a Fit Note and this should be acceptable evidence of your need for sickness absence.

There should be notes taken at the meeting and a copy provided to you afterwards in order for you to add or amend anything you feel is important.

Given that your absences have been triggered by viruses, there's not alot you can do to avoid these particular triggers, especially if colleagues are coming to work with colds etc.

Check in with your union rep in order to let them know about the Level 1 meeting and ask them if they would normally accompany a member at this stage. They'll know better than anyone what's necessary. Every employer is different and the rep will guide you. And if they don't think it's necessary to accompany you, check in with them after the meeting if you're unsure about anything that was said or suggested.

All the best.

[Mayneffy in reply to Poobah]

Hi poobah, thanks for the reply, my concern is the letter talks about possibly having an improvement plan, which lasts 6 months and then another 6 months monitoring, it's making me anxious that if i get a further exasperation of my asthma I will go to stage 2 etc

[Poobah in reply to Mayneffy]

At the end of the day, is it reasonable to ask an asthmatic not to catch viruses and not to have an asthma exacerbation as part of an improvement plan? You've had 2 absences in 11 months, and I guess that is what's triggered the automatic action under employer's attendance protocol. It feels personal, but the communication you've received will be standard fare and will sound blunt. Whoever takes the meeting has the responsibility of care and consideration that was absent from that initial communication.

Any improvement plan has to accommodate the facts of your asthma/disability. If you're attending all hospital and asthma nurse reviews, taking your medication as prescribed, not smoking and so on, the only adjustment has to be reasonably obtainable beyond the measures you're already taking. Before they even consider an improvement plan for attendance, they would have to advice from a qualified occupational health practitioner and the practitioner would have to include you in the review and reference your medical records (it's normal practice to give permission for Occy Health to refer to your records, but they often don't).

I would also take the opportunity during the meeting to discuss triggers that exacerbate your asthma, beyond the virus scenario. Such as anxiety and stress. It's important to get that recorded. The employer has to be given the opportunity to understand that their approach to attendance protocols can have a negative effect on your health and that allows them to appreciate they could make things worse if they're not considerate.

I'm stressing the Equality Act because the employer has a duty of care and is obliged to ensure they have done everything reasonably possible to make adjustments so as not to discriminate. So if they apply their attendance protocols without considering adjustments required for those who have disabilities, they're discriminating against those employees.

As for performance improvement plans, the same applies in terms of the Equality Act.

All the best.

[Patk1]

I would take Yr union rep with u.try not to over worry - they tend to ba formality.perhaps make bullet point notes to take in with you re asthma etc.yr absence has been minimal

[strongmouse]

I would make some notes for yourself before hand. If you have supportive manager, it may be a meeting to see how best to help you. However, be aware of any underlying issues for your employer e.g. are they in financial trouble and looking to save money, cutting staff etc? Ensure that the meeting is summarised in writing and agreements clearly stated - check that it is accurate and represents your view and what was said.

If your asthma meets the criteria for being classed as disabled then make sure your employer knows this. It gives you additional leverage legally.

Would you want any changes to be made to your working conditions, such as working from home, or cutting your hours? It is good that your employer has good processes in place.

hope it works out well for you.