am I overreacting by resigning

Decla

SueC and elsien
It seems that my reading of the Equality Act was a little optimistic. Sorry. Although the new law doesn't strictly prevent employers from asking about number of days off, if someone didn't get a job because of several periods of sickness they could complain of being discriminated against. Even if they aren't disabled they could experience discrimination regarding perceived disability. So employers have to be extra careful even if they aren't asking direct questions about type of health probs as it is their responsibility to prove no wrong-doing rather than the other way round. (I'm not a lawyer so may not have said it quite right sorry).

SueC_2

I'm getting more confused, not less, now!

Given that there are many reasons as well as sickness for someone to be absent from work, surely I can ask:

- How many days absence have you had over the last year?
- Over how many occasions did these days fall?

I really really really don't care what illnesses or disabilities they have. But I really really really do care about their ability to actually come into work when expected. Is that okay though? Or am I going to be accused of discriminating in some 'perceived' form or another?