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Work sickness Options
Merielpb
#1 Posted : Thursday, November 29, 2012 9:44:52 AM Quote
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Posts: 62
Location: Cirencester
I seem to remember reading in one post that time taken off sick before your co has had a meeting with you to find out what they can do to make your working life easier - should not be counted against you as sick time.

Does anybody else remember that? More importantly, does anybody know if this is actually law or just a guideline?

Thanks
RichC
#2 Posted : Thursday, November 29, 2012 11:31:14 AM Quote
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Posts: 507
Location: Gravesend
Hiya Merielpb,

You might have read that with regard to disability discrimination in employment:
see

http://www.equalityhuman...s-relating-to-time-off/

also look at this site:

http://www.yourworkhealth.com/employee/rights/

.
It could be regarded as disability discrimination if they use your days off sick due to your disability to select you for redundancy.
An example from the EHRC site above :


If you are a disabled person, your employer must not treat you unfavourably because of something connected to your disability where they cannot show that what they are doing is objectively justified. This only applies if your employer knows or could reasonably have been expected to know that you are a disabled worker. This is called discrimination arising from disability.

For example:

An employer gives workers a bonus if they have not taken more than three days off sick in the previous year. They do not separately record time off for sickness and time off for medical appointments taken by disabled people. A worker who is a newly disabled person because of an amputation has to attend a clinic once a month to have their prosthetic leg checked. They have to take half a day’s leave each time and this has been recorded as six days’ sickness absence over the course of the year. Unless the employer can objectively justify using sickness absence as a test for whether workers receive the bonus, this is likely to be discrimination arising from disability, as the disabled worker has been treated unfavourably (not receiving the bonus) for a reason connected with or arising from their disability (the need for time off for the appointments).



Have a look at the "Code of Guidance for Empl0yment" :( Note the words code of guidance)
http://www.equalityhuman...-act-codes-of-practice/

and there it states:

Disability-related absences
17.20
Employers are not automatically obliged to disregard all disability-related
sickness absences, but they must disregard some or all of the absences by way
of an adjustment if this is reasonable. If an employer takes action against a
disabled worker for disability-related sickness absence, this may amount to
discrimination arising from disability (see Chapter 5).

Example:
During a six-month period, a man who has recently developed a long-term
health condition has a number of short periods of absence from work as he
learns to manage this condition. Ignoring these periods of disability-related
absence is likely to be a reasonable adjustment for the employer to make.
Disciplining this man because of these periods of absence will amount to
discrimination arising from disability, if the employer cannot show that this
is objectively justified.



To go back to real basics , an employer can in effect do what they want,however they could be bought to task for discrimination if the employee is covered by the Equality Act . (You/ the employee would have to fit the definition of Disabled etc for the purposes of the Equality Act)


There used to be an Employment specialist about , and i am not sure if he still is about , so a call to the NRAS helpline would be a good idea in the first place , then a chat with these two:
http://www.acas.org.uk/index.aspx?articleid=1461

and Equality Advisory Support Service :Phone: 0800 444 205.

Employment is a difficult subject and it is recommended that you get qualified help . Suffering from RA would not necessarily, in itself, mean that you qualified as disabled for the purposes of the Equality Act, it is the time you have been diagnosed /or have suffered and the effect it has on you that would be considered.

Regards

Rich
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Merielpb
#3 Posted : Thursday, November 29, 2012 3:14:26 PM Quote
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Joined: 10/13/2011
Posts: 62
Location: Cirencester
Thanks Rich, I was hoping you would reply.

I've not really got any probs at work. Much as I hate to admit it, they have been really good about things.

I was just wondering if I could get my sickness removed from my annual review. They use a really stupid thing called the bradford score (which you've prob heard of). This means that because I have struggled to get to work, only taking off my very worst days, my score is 1215 with a target is 103! I've only had 15 days off all year and if I'd taken my consultants offer & been properly signed off all these months my score would only be about 200.
Jane.
#4 Posted : Thursday, November 29, 2012 4:56:04 PM Quote
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Posts: 670
Location: where the sun always shines :o
Merielpb

Hope you don't mind me barging in.
The bradford score ThumbDown I'm under that, so I'm interested in what Rich input is.
My score is 73 at the moment - from foot op. 0 for almost 3 years before! Concerned once I've had knee replacement (no date) because it will get bumped up so much (over 193) will warrant me going on action plan. Then steps of not being able to do your job.

On top I have the other foot and knee to be done.


Jane
Xxx
RichC
#5 Posted : Friday, November 30, 2012 7:40:29 AM Quote
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Joined: 8/30/2010
Posts: 507
Location: Gravesend
As stated i am not an employment specialist , and have not heard of the Bradford Score.

However ,that said and after researching the Bradford Factor , it is obviously a tool to help employers make decisions and monitor sickness.
It is worked out by the following formula

Bradford Factor =( Times off sick in the last year ) squared x Total number of days off

I have also seen a table as so:

0-49 No action required
50-124 Consider Issuing a Verbal Warning
125-399 Consider Issuing a First Written Warning
400-649 Consider Issuing a Final Written Warning
650+ Consider Dismissal

Again it is important to state that it is a tool for HR .

If the company takes action with regard to this score, and they have not made reasonable adjustments then it is possible this could come under the Equality Act .This could include dismissal , not considering you for promotion , not giving you a bonus that is applied to other people etc etc.
The key word with Employment is the word "reasonable" and the test sometimes comes down to whether it would be reasonable for one employer to act as they did.

If you really perceive this as an issue then you really need to talk to your company , and an Employment specialist .

Again the advice is to call the NRAS helpline , ACAS and the Equality Advisory Support Service.

Rich
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Merielpb
#6 Posted : Friday, November 30, 2012 8:38:41 AM Quote
Rank: Advanced Member

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Joined: 10/13/2011
Posts: 62
Location: Cirencester
My company has never published the schedule of actions based on the score, so I think the idea is more to use as yet something else against you if they want rid of you for other reasons. My score was even more last year (problems started in Feb but not diagnosed till Sept) and I still got a payrise and bonus because sickness is my only 'problem' area.

It is just really annoying that I've only had 15 days off. The score is so high because it's usually 1 or 2 days when I literally can't get out of bed. If I can move, I struggle into work no matter how much pain I'm in. When you consider my consultant would've signed me off from last December until things finally improved in August when I started anti-TNF, that's 7 months off as opposed to 15 days & they 'moan' about 15 days!
RichC
#7 Posted : Friday, November 30, 2012 9:59:49 AM Quote
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Joined: 8/30/2010
Posts: 507
Location: Gravesend
Well that was just one example i found online , i suppose it is upto an employer how they use them.

Must admit , even though i volunteer at present , i have had to ask if i can cut my time there down a bit , as i found i was leaving myself with unfinished business every week ...not good.
I felt guilty for this because with me cutting interview time down , means that others have to pick up the slack.
I am only just beginning to accept that I cannot travel there and do all i used to. Curiously enough working from home might be an option for me , which i could handle easily.
I actually showed the manager and deputy manager the NRAS "Fatigue ...beyond tiredness" leaflet (emailed to them ).

Have you shown your managers the NRAS "When an employee has RA" booklet .
I firmly believe that appraisals and yearly assessments should be a two way thing , so perhaps you will have an opportunity to state your case at that time.If you have a good employer i would certainly raise the issue.

The above is personal opinion , and relates to a perfect world .

Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
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