Disability discrimination

speedfreek1000

pauliboo wrote: »

I don't know whether this will be of benefit but it might help others when dealing with long-term sick and Disability.

http://www.tuc.org.uk/tucfiles/526/Sickness_Absence_and_Disability_Discrimination_Feb2013.pdf

Unison has a guides and I think ACAS too which help explain how the DDA and Equality Act 2010 work in practice

This Unison guide to Health n Safety in the work place is a good start as it explains the above acts in practice.

http://www.unison.org.uk/file/B5763%20Disability%20and%20Health%20and%20Safety%20Guide.pdf

This stuff is also important/relevant for those of us who are chucked on the Work Program by the DWP

In our original response we explained that participants involved in any way with Department for Work and Pensions (DWP) contracted provision must be treated as employees; that providers
must comply with their Duty of Care under the Health and Safety at Work Act 1974; and that employees, under the same health and safety law, also have a duty to take care of their own health and safety and that of others.

Taken from this mess of a FOI (but I've seen this repeated by the DWP in other FOIs http://www.whatdotheyknow.com/request/duty_of_care_under_the_health_an#incoming-269549

Confuseddot

Parva wrote: »

Page not found

Ok try this link

http://www.simpmar.com/blogs/employment-law-blog/employment-law-blog-posts/social-media-in-the-employment-law-spotlight-%E2%80%93-again!#.

cockaleekee

Brassedoff wrote: »

I have employed many people and had to release an employee for long term sickness.

To get it totally right each case has to be taken on there own merit. There is a limit to the time any employee can stay off work sick for either a consecutive period of time of for persistent short term sickness.

The employer should consider a different deployment, but does not have to consider any disability if the firm employes less than 15 people.

Your husband by being off work is guilty of "frustrating" his contract of employment. It is a long and complicated method to get right, but easy to get wrong.

From your side, your husband is long term sick and most likely feels one day he wants to return to his job.

From the employers point of view they have to cover the job, either with redeployment or most likely getting a temp in.

This leaves the employer in limbo. They really have one duty to stay in business and a small firm would find long term absence difficult.

A good employer will:

Ideally see if redeploying your husband would allow him to return, if even after doing this there is no prospect in the medium term, that is over 46 days and not less that 73 days. Then they take him down the disciplinary route.

They have to invite him in to work for a meeting where he can have a represtative. A union rep, co-worker or you. At the meeting the employer must try to find out why he is off sick and the genuine prospects of his return. Make sure you tell the truth or realistic return timeframe. This might have to be backed up by a medical.

If after the meeting, the employer can issue a notice informing him the intention to terminate the contract due to his "frustrating" the terms. The letter should give a couple of weeks for your husband to return. He must not try to be clever by returning for a short while and then going back on the sick as they can dismiss him for persistent absence due to sickness.

A normal employer will:

Send him a letter informing him that his contract of employment has been terminated.




I suggest you go to the CAB or employment rights office should there be one near you.

You could decide to go for a Tribunal, but e employer will just say the contract was frustrating the terms and had they not dismissed your husband other workers may have been in jeopardy.

In this type of case there is no need to take any other factor such as disability into account. Neither your husband or any other employee has the right to their job. All employeement is now short term in contract.

You may be right in thinking that he has been singled out because he made a claim. Not being funny, in my old day I and most people would do the same. The problems any company has when their insurers recieves a claim is unreal. Accidents happen. Paperwork sometimes falls out of date etc.

It's not a Tory thing. liebour under tony BLiar brought the frustrated term down to 46 weeks from the old 70 weeks in any 2 years.

This post is complete nonsense.

The provisions of the EqAct apply to apply employers, there is no exemption for those with less than 15 employees, and there has not been for at least seven years!

The contract has not been frustrated. Frustration applies where it is impossible for one person to fulfil their side of the agreement. In this case, the employee may be able to fulfil their side with reasonable adjustments.

There is no set definition as to what constitutes the medium term, and disciplinary/ capability processes will vary between organisations.

The right to accompaniment only applies to disciplinary hearings, not general meetings. The right to accompaniment only allows for a trade union rep or a fellow colleague, not a relative.

The OP could make a tribunal claim for a failure to make reasonable adjustments. This has nothing to do with frustration!

There is every need for an employer to take into account an employee's disability. Protection from disability discrimination is granted from day one.

laylo, it sounds like the union should be doing more to support your husband. It may be worth escalating this to a full time/ regional rep, as opposed to your work based rep, if they are not already involved. They need to ask specific questions as to why your husband has not been offered redeployment. You don't know if you have a case without an answer to this.

edwolf88

Hi

I am in a very similar boat

I had an accident a few years ago which damaged my leg.Employers took responsible and liability but both doctors and solicitors on eatherbside union and employers said it was more or less superficial and would not take long for full recovery. I was reluctantly forced to take a measly offer. Butafter 4 years 3 operations and considerable time off work because of the accident. I have been placed on esa support group highest level for the next 2years and high level disability allowance with mobility for the next 18 months before reapliying

today that I am still on the books with the local authority where I use to lay kerbs and slabs. I realise that I will never be able toreturn to that roll but I am very keen for a return to some sort of roll. i realy want to get back to work.

There is now a lot of pressure for me to returnd off in the next few weeks. or they will let me go

They want to put me in the redeployment pool for up to 12weeks if nothing capable turns up they will finish me. They promised they would look for a suitable roll. i know this will be difficult

They have also said they would not look for any vacancies until I have a fit note and a filled in personal profile. Because of my disability my surgeon / doctor is reluctant to sign me off not knowing what roll if any they have within my capability.

If I managed to get a fit note and nothing is found I would lose my benefits and have to go through that whole process again.

I have managed to find out that there are very few jobs in the pool and when I enquired about the ones I may be able to do, they said I cannot be considered for them as they are of a slightly higher grade to what I was on. there was another that needed some adjustments and another needed someone else to do a very small part of the task. They explained the only reasonable adjustments they are prepared to do is place me in redeployment pool and a few weeks training if needed.

I and others believe this is their way to rid me legaly as they keep telling me its council policy.

laylo

We have had the outcome of the appeal and his work have finished him. They didn't even try and offer him anything. The union are up in arms. So we will have to take them to court on the grounds of disability discrimination. It's awful coz like yourself edwolf 88 he really wants to work. It's the not knowing the future that is really difficult.

Confuseddot

Have you tried ACAS ?

Have you costed out the tribunal costs vrs possible payouts etc.

Wish you the best of luck !