Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Mediimp  
#1 Posted : 18 February 2010 20:18:16(UTC)
Rank: New forum user
Mediimp

Is anyone up on the DDA, I am about to be finish at work due to sickness record, 5 periods totalling 7 days in 2 years. I am registered as 20% disabled due to my knees and ankles, but most of the sickness was due to been diagnosed as diabetic. knowing I had a problem with my health I applied for a position in training, was given the position to have it taken off me a week later due to the sickness record. Can anyone offer advise or best people to contact for advise.
Alan Haynes  
#2 Posted : 18 February 2010 21:07:25(UTC)
Rank: Super forum user
Alan Haynes

You need to seek legal advice asap
Steve Sedgwick  
#3 Posted : 18 February 2010 22:18:55(UTC)
Rank: Super forum user
Steve Sedgwick

Mediimp
You have not given sufficient info here for us to be much help, more details would be good. There is an overlap between H&S, HR, & DDA so some Safety Practioners have experience in this area.

You say you are about to finish work, is this through your resignation or dismissal ?

I guess that you are considering a discrimination claim to the Employment Tribunal. If so the test is :-

Discrimination occurs when a disabled person is treated less favourably than other people for a reason related to his or her disability, and this treatment cannot be justified. Discrimination also occurs if an employer fails to make reasonable adjustments to ensure that employment arrangements or premises do not put a disabled person at a disadvantage in comparison to a non-disabled person and the failure cannot be justified.

5 spells of absence totaling 7 days in 2 years is your company using the "Bradford Factor"
If so that gives you a score of 175 which is stage (2) "1st Written Warning" (hope some HR Expert can help here)
Your absences do not appear due to your "disability" ?

The theory of the Bradford Factor is that short, frequent, and unplanned absences are more disruptive than longer absences.

To answer your question the best people to contact would be your TU but it is obivious that they are already aware of the facts if you are in a Trades Union; and the other obvious answer is a Solicitor.
If this does not help please give more detail
Steve
Kate  
#4 Posted : 19 February 2010 09:57:56(UTC)
Rank: Super forum user
Kate

In the first instance you could try Citizens Advice, see the employment section on their website and then call in at the local citizens advice bureau, they will also be able to point you to a solicitor if that is appropriate.
www.adviceguide.org.uk

kev3152  
#5 Posted : 19 February 2010 10:02:41(UTC)
Rank: Forum user
kev3152

Section 3 ( Definition of a disabled person under the Disability Discrimination Act 1995) of the DDA 1995 says;

A disabled person is defined by the DDA as someone with “a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities”.
To expand on that theme the adverse effect is judged as if the impairment or condition were not being controlled by medication.

In your case (as in mine) DDA 1995 covers Diabetes and as such reasonable adjustments should be made. If your condition is being used as a lever to force you out of employment you have an extremely strong case for discrimination on the grounds of disability to take before an Employment Tribunal.
Users browsing this topic
Guest
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.