Yup...alcoholism (and pyromania) are specifially excluded by DDA but
as Sharon says any secondary condition caused by the alcohol may be
covered. Adherence to treatment is only relevant to management in
relation to current and future fitness for work. Always worth pointing
out to management that there is no medical solution to dependency
issues and as such the employee can not be 'made well'. Always best to
involve unions etc as soon as possible so management and employee can
agree a plan for going forward including any actions that may be taken
if relapse / conduct issues occur that appear to be related to
alcohol. Interestingly a 2008 tribunal found an employee should not
have been managed solely under sick absence policy as early on he had
said a couple of times that alcohol was involved.
On 19/06/2010, sharon naylor <[log in to unmask]> wrote:
>
> I think that while the dependance itself may not be a DDA issue some
> secondary/associated health conditions might be (depression? cirrhosis?),
> not sure that if they engage or not makes a difference, happy for this to
> be clarified by anyone out there who has a better handle on it than me
>
>
>
> Date: Fri, 18 Jun 2010 22:18:00 +0100
> From: [log in to unmask]
> Subject: [OCC-HEALTH] Fitness
> To: [log in to unmask]
>
>
>
> Hi, am I correct in thinking that the individual who 'engages' with support
> and complies with treatments/support mechanisms is covered by the DDA. Not
> the easiest of cases Di by the sounds of it! Anita
>
>
>
>
>
> Best regards, Anita Pearson
>
>
>
>
>
>
> Date: Fri, 18 Jun 2010 11:04:19 +0100
> From: [log in to unmask]
> Subject: Re: [OCC-HEALTH] Fitness
> To: [log in to unmask]
>
>
> Funnily enough am going into a meeting on a similar case within next hour.
> In my case - he simply does not turn up for work, then cites stuff like "my
> daughter was assaulted and taken to hospital", "my car got stolen". He has
> been referred to OH on many occasions, disputes he has issues with alcohol,
> says he has domestic problems and has "splurges", regularly turns up in a
> dishevelled state, has been referred on for additional support at his
> request at least twice, never turned up for the appointments.
>
> In the last week he has not turned up 3 times - union are asking me what I
> can do for him as we have a new, keen and very tough boss. I think that its
> always a management issue and OH contibute to cases by offering advice and
> intervention, but ultimately its always for management to decide the way
> forward - the individual doesnt attend work, while he may well have a
> significant problem (and I believe some of the chronic conditions that may
> be caused by dependency ARE covered by DDA?) if he doesnt want to engage
> with any of the assistance that is available then he runs the risk of being
> penalised fairly severely because of erratic attendance, irrespective of
> cause. If management cant tolerate the absence then they will take manaement
> steps - and i`m not sure what OH can do about that
>
>
>
>
>
> From: [log in to unmask] [mailto:[log in to unmask]] On Behalf
> Of Di Stockbridge
> Sent: 18 June 2010 10:27
> To: [log in to unmask]
> Subject: [OCC-HEALTH] Fitness
>
>
>
>
>
>
> Morning,
> Anyone out there care to offer their advice/view on the following:
> Individual @work after absence long term absence with chronic liver
> condition......not seen before in OH. Assisted back by OH, currently on a
> phase rtw & restrictions for climbing ladders temporarily, declined giving
> any info regards drinking behaviour/intake on regular basis.
> GP report very helpful, indicating individual was diagnosed with chronic
> condition number of years, I’ve looked at PEQ, not declared at start of job
> two years ago.
> GP also states individual had requested GP did not mention chronic condition
> on med 3/Fit note....previous absence over past year = 104 days in total of
> which 55days were due to problems associated with the above condition.
> There is Support from appropriate specialist nurse through the NHS -
> individual does not always attend
>
> Whilst I would want to support individual in work, I believe his manager is
> likely to see a pattern in the future with either short term or possibly
> long term absence with health issues linked to his condition. I know Alcohol
> addiction & dependency are excluded from the definition of impairment under
> the DDA. When does this situation stop being an OH issue and become a mgt
> issue for them to determine what is reasonable level of absence to be taken
> in the future?
>
> I feel quite a sensitive issue for all parties? Your views appreciated
>
> Have a good weekend
>
> Di
>
> Di Stockbridge
>
>
> Occupational Health Nurse
> Dynex Semi Conductor
> Doddington Road
> Lincoln
> LN6 3LF
> 01522 502719
> Email [log in to unmask]
>
>
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