Agree with Lesleys comments below -
but if the lady is taking "sick" need to be mindful about what she is citing on
her self certification as the reason to in fact be "unfit" for work, if she is
using paid sick leave to cover for domestic issues could be a minefield, any
report would need to be extremely carefully written (as I`m sure it will be)
good luck!
Absolutely if her
daughter is covered by EQA and she is a carer then it would be direct
discrimination.
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:
“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)
AWL
Occupational Health
Ltd:
Occupational Health and
Workplace Mediation
Tel: 01293
532477
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
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