Sickness Absence And Disability Discrimination Guidance

The TUC has published an online 'trade union negotiator's guide to the law and good practice' on sickness absence and disability discrimination. It says ignorance of the detail of the Disability Discrimination Act 1995 (DDA) remains widespread, adding that unions have reported that employers are continuing to get rid of disabled workers by using their sickness absence, capability or other procedures, without taking due account of the disability.

The TUC guide says case law so far is not very helpful, 'but the legal obligation on employers to consider reasonable adjustments for disabled workers is a vital concept that can be used as underpinning for negotiating changes to absence procedures.' In general, unions will be better advised to use the requirements of the DDA to resolve issues by persuading the employer to adopt progressive policies and procedures rather than going to tribunal, the guide says.

Access the TUC Sickness Absence and disability discrimination webiste here

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