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Employment issues

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  • Undervalued
    Undervalued Posts: 9,606 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 5 February at 3:25PM
    EnPointe said:
    Your employer can set absence management policies, but they must be reasonable and non-discriminatory. While they can monitor and address frequent absences, they cannot impose arbitrary limits that override your right to sick leave. If you have a disability or long-term health condition, this policy could be considered unfair under the Equality Act 2010. It’s worth checking your contract, employee handbook, or company policy on sickness absence. You may also want to ask HR or a union representative for clarification. You can challenge or request reasonable adjustments if the policy feels unreasonable. 
    Key word  REASONABLE 

    ultimately there are role  in which  you can only go so far with reasonable adjustments ref attendance / illness / disability before  redeployment ( if  roles are available ) / demotion  ( if roles are available and the lower graded role is better able to  tolerate  the absence hours) / dismissal  are the only  options 
    Plus, there is no legal obligation to make any adjustments at all unless the employee has a disability (in the legal sense). If they are "only ill" (ghastly phrase) then the employer is quite entitled to say "either do your full job or stay off sick until you can" in which case their normal sickness absence policy would apply. 
  • EnPointe
    EnPointe Posts: 844 Forumite
    500 Posts First Anniversary Name Dropper
    EnPointe said:
    Your employer can set absence management policies, but they must be reasonable and non-discriminatory. While they can monitor and address frequent absences, they cannot impose arbitrary limits that override your right to sick leave. If you have a disability or long-term health condition, this policy could be considered unfair under the Equality Act 2010. It’s worth checking your contract, employee handbook, or company policy on sickness absence. You may also want to ask HR or a union representative for clarification. You can challenge or request reasonable adjustments if the policy feels unreasonable. 
    Key word  REASONABLE 

    ultimately there are role  in which  you can only go so far with reasonable adjustments ref attendance / illness / disability before  redeployment ( if  roles are available ) / demotion  ( if roles are available and the lower graded role is better able to  tolerate  the absence hours) / dismissal  are the only  options 
    Plus, there is no legal obligation to make any adjustments at all unless the employee has a disability (in the legal sense). If they are "only ill" (ghastly phrase) then the employer is quite entitled to say "either do your full job or stay off sick until you can" in which case their normal sickness absence policy would apply. 
    however it  is important to understand what  EA2010 means by disability 

    https://www.gov.uk/definition-of-disability-under-equality-act-2010
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