I agree wholeheartedly with Sue. If they have not stated in their
policy what should happen in bad weather then they would be hard pushed
to enforce anything. However, it remains their decision not yours.
Regards
Vicky Wells
OH nurse adviser
Hinchingbrooke NHS trust
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On
Behalf Of S.C.Morley
Sent: 06 January 2010 15:00
To: [log in to unmask]
Subject: Re: [OCC-HEALTH] Disability Discrimination Act and Adverse
Weather
In my opinion this is a mangement decision not an OH one. What is a
reasonable adjustment for one employer may not be for another. The
local council is likely to be a large employer so in the eyes of an ET
would have more room for flexability. Another consideration is what does
the employers' absence/attendance policy say about non attendance for
reasons other that sickness. Does the council have an adverse weather
policy.?All you need to confirm to the employer is the impact that her
illness has on her daily activities of living. Depending on how advanced
her MS is she is likely to experience more balance problems than someone
without MS so it would be reasonable to say that the employer should
take that into account in adverse weather, but I think it will hinge on
what the employers attendence policy says.
Pass it back to mangement.
Sue
________________________________________
From: [log in to unmask] [[log in to unmask]] On Behalf Of
Derek Wilkinson [[log in to unmask]]
Sent: 06 January 2010 14:27
To: [log in to unmask]
Subject: [OCC-HEALTH] Disability Discrimination Act and Adverse Weather
Happy new year to all,
I wonder if anyone has any thoughts with regards to the following which
came
across my desk this morning:
An employee of a local council has MS and normally manages to meet the
full
responsibilities of her post. However, like most of us over the last
couple of
days has found it difficult to get into work because of the fine weather
we
have all been enjoying.
This person could not make it into work this morning and rang to inform
line
management to be told that this would have to be taken from normal leave
entitlement. The person concerned suggested that because of the
underlying
MS, that there was a higher risk to themselves should they slip in the
snow
because this would cause an exacerbation of previous MS symptoms,
stating
that this has happened previously. The person concerned wants line
management to view this absence differently under DDA and make allowance
for the conditionand it not affecting their leave entitlement. Whilst I
have my
own thoughts with regards to this, I would be grateful for any opinions
that
other people might have so that at least I can respond with some degree
of
confidence.
Thanks in anticipation,
Derek Wilkinson RGN, Dip (OH)
Lead OHA Capita Health Solutions
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