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Absolutely if her daughter is covered by EQA and she is a carer then it would be direct discrimination. Kind Regards Lesley ________________________________ From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Wendy Stimson Ladd Sent: 24 May 2012 14:59 To: [log in to unmask] Subject: [OCC-HEALTH] Food for thought.... Hi All I was just writing a report - won't go into the case, but basically woman referred for frequent short term sickness absence, young daughter with 'disability' and I recalled a case where someone won a claim for discrimination re dependants disability, was just googling to get my facts straight for my recommendations and this was one of the sites I came to: http://www.harbottle.com/hnl/pages/articles/the_equality_act_and_disable d_employees.php "Employers should be aware of the wider protection against discrimination employees will now enjoy. Employees with caring responsibilities for the disabled and elderly already have rights to request flexible working and to reasonable time off to deal with emergencies in respect of dependents. In addition to heeding these rights, to avoid age and/or disability discrimination claims employers must now ensure that such employees are not treated less favourably because of their caring responsibilities. Employers who may not be aware of their employee's caring responsibilities should encourage employees to provide such information from the outset of employment and ensure that open lines of communication are maintained so they can keep abreast of the extent of the employee's caring responsibilities, which may change over time" Which begs the question should OH ask about dependants when we ask the '4 questions' at employment, or maybe Recruitment should ask - is it asked at all?! Kind regards Wendy Wendy Stimson RGN RSCPHN (OH) Director AWL Occupational Health Ltd: Occupational Health and Workplace Mediation Tel: 01293 532477 Mob: 07814 288642 www.awloh.co.uk <http://www.awloh.co.uk/> Based in West Sussex AWL Occupational Health Ltd is a company registered in England and Wales. Registered number: 7380521 Registered office:The Meridian, 4 Copthall House, Station Square, Coventry CV1 2FL ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH ##################################################################################### Attention: The information contained in this message and or attachments is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any system and destroy any copies. All messages sent to and from South Staffordshire Water PLC may be monitored to ensure compliance with internal policies and to protect our business. E-mails are not secure and cannot be guaranteed to be error free as they can be intercepted, amended, lost or destroyed or contain viruses. Anyone communicating with us by e-mail is taken to accept these risks. South Staffordshire Water PLC Green Lane, Walsall, WS2 7PD Registered in England No. 2662742 ##################################################################################### ******************************** Please remove this footer before replying. OCC-HEALTH ARCHIVES: http://www.jiscmail.ac.uk/lists/occ-health.html CONFERENCES AND STUDY DAYS: http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH