Sickness record

Poppie68

If anyone has any advice it will be very much appreciated.

A disabled person takes time off work for issues with their known illness/disabilty and on going back to work is issued a warning as this is their 3rd period of sickness in 12 months. All 3 times have been for known illness/disabilty.
A colleague has a warning the same day for 3 periods of sickness over 12 months, for various illness. Colds etc.

Should the disabled person be hitting Trigger one the same time as their colleague or should the disabled persons sickness record be looked at differently.

Sorry if this dosn't make sense. Im in abit of a morphine bubble this morning.:o

barney2k

Hi while working for a large national company a few years ago, I had this problem. Even though I was employed with a chronic back issue they did not treat me any differently to anybody else. If I had not resigned ( I got a better job with a more understanding employer ) I was one sick period away from the sack. This was within the law we were told and it did not matter if it was an on going problem or a collection of random sick days.

Hope this helps

rogerblack

Poppie68 wrote: »

Should the disabled person be hitting Trigger one the same time as their colleague or should the disabled persons sickness record be looked at differently.

Sorry if this dosn't make sense. Im in abit of a morphine bubble this morning.:o

As I understand it, if the absence is due to a disability within the definitions of the equalities act - they have to be willing to make 'reasonable adjustments'.
This has to be within the context of being able to do your job.
I think it's going to be really hard to defend not considering moving the disciplinary limits in a case like this.
https://www.gov.uk/definition-of-disability-under-equality-act-2010

Poppie68

My disabilty is covered under the equalities act, my hours have been reduced but my work has stayed the same. I have mentioned on 3 seperate occasions that i am struggling with one aspect of my work and have even had to take time off after struggling through a full day of completing that task. The other periods of sickness have been to do with my disabilty and these are well documented with my employer as i have supplied them with evidence of my condition and a letter detailing the effects it has on me.
Im wondering though if my employer has to give me any special consideration when deciding on issuing warnings for sickness or i am to be treated on a complete level playing field with collegues who have no disabilties or illnesses.

kurgon

This is an ongoing issue that the TUC is still srguing. There is no separate reporting for disability sickness although this has recently changed for maternity sickness. It seems sto be left to individual decisons at the monent.

teajug

kurgon wrote: »

This is an ongoing issue that the TUC is still srguing. There is no separate reporting for disability sickness although this has recently changed for maternity sickness. It seems sto be left to individual decisons at the monent.

It seems to be the same in all large companies they are not disabled friendly. As a disable employee that has ongoing hospital appointments they you have to use holiday leave for hospital appointments. BUT if an employee is pregnant they can have all the time off for that condition with nothing going againt them for being away sick, this is so unfair.

Savvy_Sue

teajug wrote: »

It seems to be the same in all large companies they are not disabled friendly. As a disable employee that has ongoing hospital appointments they you have to use holiday leave for hospital appointments. BUT if an employee is pregnant they can have all the time off for that condition with nothing going againt them for being away sick, this is so unfair.

If an employee is pregnant, the company legally HAS to give time off for maternity related appointments. And not all large companies work the way yours does wrt disability.

teajug

Savvy_Sue wrote: »

If an employee is pregnant, the company legally HAS to give time off for maternity related appointments. And not all large companies work the way yours does wrt disability.

It is not just the company I know off as you see other posts on here have had the same experience in their large companies as well.

However, it is good to see that companies are legally required to look after their employees life style choices, And under no obligation to look after disable people in the main that are disabled and that have no choice in being disabled whatsoever.

Poppie68

Ive not had an issue yet with having to take time off for hospital appointments as they have all fell on the days i don't work. I need to dig deeper in regards to sickness. If i come up with anything substansive i will report back with it.....won't hold my breath though!
Thanks everyone for your input so far.

cockaleekee

Poppie68 wrote: »

Ive not had an issue yet with having to take time off for hospital appointments as they have all fell on the days i don't work. I need to dig deeper in regards to sickness. If i come up with anything substansive i will report back with it.....won't hold my breath though!
Thanks everyone for your input so far.

Unfortunately there is no definitive answer on this. As rogerblack notes, this comes under the duty to make reasonable adjustments, but what is reasonable will vary in every situation. There is case law on the subject, but all that points to is that outcomes vary considerably.

cockaleekee

Also worth being aware that, if you looked to ACAS for advice, they are not the most reliable, especially when it comes to disability rights.

Ultimately, the only way to get a definitive answer would be to go to tribunal, but obviously that would be a reactive step rather than something to do now.