A case is currently being looked at re absence and EqA ... (Have the reference somewhere). I would say that this is extremely unwise for the employer to be doing this on that basis. Only the court can determine if the EqA Applies. Sends the wrong signals about presenteeism which the CIPD have raised recently as a big issue. Better to give a bonus for the company hitting certain profit goals which encouraged all staff to work together and is inclusive. Just because you are at work doesn't mean you are working hard!!!!
I would suggest the look at how much the cost of the bonus would be for these 40 people and the cost of a lawyer per hour to defend a claim of disability discrimination. This year I would just write that criteria off and just pay regardless
Sarah Holling
07776186232
> On 14 Jan 2016, at 14:04, Green, Justine {PI} <[log in to unmask]> wrote:
>
> Hi Katie,
>
> I have never been asked to do this but I am moving to an employer who has a bonus scheme so may well be asked to do this in the near future. With this in mind I will be interested to see what responses you get. However, this certainly feels uncomfortable and I don’t think it is our job to determine who would be covered by the equality act as this can only be determined by legal. As far as I am concerned we can only give a judgement as to whether we think a case is likely or unlikely to fall under the act.
>
> Good luck
>
> Justine
>
>
> -----Original Message-----
> From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Katie Eastwell
> Sent: 14 January 2016 13:21
> To: [log in to unmask]
> Subject: [OCC-HEALTH] attendance related bonuses
>
> My query is regarding a client who considers employees' attendance rates when awarding bonuses. We've been asked to review a list of people who have been off sick for more than 4 weeks last year and asked to mark which absences we believe would fall under the Equality Act. Our comments will have a direct impact on the amount of bonus the employee receives.
>
> Apart from some cases which may be obvious (ie someone absent due to to sugery for cancer) I'm not sure we can give an opinion without a full assessment to assess whether a particular absence was due to a persons disabilty or not (for instance - absence for a broken toe in a person with epilipsy.... this might be due to a seizure or totally unrelated)
>
> Our issue is that the previous OH provider did this for them (not sure how) and I'm wanting to distance us from doing this. Can I ask if any of you have been asked to do anything similar and how you have approached this? Would you agree that this is putting us in a difficult position?
>
> Many thanks.
>
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