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 Disabled Workers Co-operative
 Disability Discrimination Act
 sickness absence and disability
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martin fountain
Starting Member

United Kingdom
1 Posts

Posted - 07/11/2005 :  17:58:08  Show Profile  Reply with Quote
WE have a sickness absence policy at work that states, if you have more than two weeks sickness in any twelve month period, you go to half pay.
My arguement is if i have time off for a reason relating to my disability then it should be counted seperately from normal sick leave and therefore i should not go to half pay.
It would be reasonable for a manager to assess what is and isn't time off for reasons relating to my disability, and then be able to state when the half pay clause comes into effect.

ALL COMMENTS GRATEFULLY ACCEPTED

Neil
Member

39 Posts

Posted - 10/11/2005 :  09:59:07  Show Profile  Reply with Quote
The DDA says that an employers treatment of a disabled person amounts to discrimination if the treatment is less favourable than the way in which a person not having that particular disability is treated. It is also unlawful to victimise people because of their disability.

Your employer could argue that they are treating everyone the same, after all it is a blanket ruling. However, it could also be agued that taking time off due to disability is not the same for taking time of due to sickness not related to disability and that this treatment is less favourable as other employers donít need to take time off for disability.

If you were being penalised as a result of this I would recommend that you contact the Disability Rights Commission for their view on this matter.
http://www.drc-gb.org

Neil
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Admin
Forum Admin

United Kingdom
167 Posts

Posted - 10/11/2005 :  14:10:53  Show Profile  Reply with Quote
A policy that has sickness absence as a selection criterion that does not exclude disability-related absence or a sickness absence policy that does not record disability-related sickness separately, would probably be illegal.

Admin
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foambananas
Starting Member

United Kingdom
1 Posts

Posted - 28/07/2006 :  14:33:15  Show Profile  Reply with Quote
As a school governor I have managed to get a new policy adopted that specifically says we will discount time off related to a disability. Most companies should be doing this - especially public bodies who have duties to promote disability equality now!
Yep was very pleased with myself!!
Bananas
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handsonaccess
Starting Member

2 Posts

Posted - 02/08/2006 :  20:53:16  Show Profile  Reply with Quote
quote:
Originally posted by Neil

The DDA says that an employers treatment of a disabled person amounts to discrimination if the treatment is less favourable than the way in which a person not having that particular disability is treated. It is also unlawful to victimise people because of their disability.

Your employer could argue that they are treating everyone the same, after all it is a blanket ruling. However, it could also be agued that taking time off due to disability is not the same for taking time of due to sickness not related to disability and that this treatment is less favourable as other employers donít need to take time off for disability.

If you were being penalised as a result of this I would recommend that you contact the Disability Rights Commission for their view on this matter.
http://www.drc-gb.org

Neil



Failure to discount any disability-related absences from sick leave will be unlawful!
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shaneward
Starting Member

United Kingdom
1 Posts

Posted - 07/02/2007 :  21:06:02  Show Profile  Reply with Quote
Martin,

I was doing some research on my own regarding sickness and pay policies. The following is just a thumbnail sketch from a landmark Employment Appeal Tribunal, which ruled against your consideration I am afraid. It might be difficult to argue against it.

Shane

OíHanlon v HM Revenue and Customs.

Ruling Ė employers can pay equal sick pay to all. The importance of the ruling is that the EAT stated that the ruling by the ET was wrong in saying that no discrimination had taken place. According to DDA there was discrimination but that discrimination was justified if the normal rule was to reduce any employees pay if absent from work.
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trebor
Expert Member

United Kingdom
175 Posts

Posted - 29/03/2007 :  10:40:54  Show Profile  Reply with Quote
But is sickness not different to long term disablity, the flu can be expected to last from three days to two weeks, where as a long term disablity like cancer need to be treated different under the DDA
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Admin
Forum Admin

United Kingdom
167 Posts

Posted - 03/04/2007 :  18:07:48  Show Profile  Reply with Quote
The Disabilty Rights Commission have produced a useful document 'Good Medical Practice'

http://www.drc-gb.org/Docs/Good_Medical_Practice_Mar07.doc

Admin
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trebor
Expert Member

United Kingdom
175 Posts

Posted - 26/08/2007 :  11:29:40  Show Profile  Reply with Quote
Sadly after using the DDA over the past few months I am now sure it's the biggest waste of time I've ever seen, I had to take a case to court and failed to get legal aid because IB benefits was rated to high and the case did not have sufficent benefit for the public so i was sacked.
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