My understanding was that allowing additional sick leave was not a reasonable adjustment. Lawyers have advised me in the past that the Equality act requires that the individual with a disability is not treated any worse than a colleague who does not. So the bench mark is, has a person who has had 5 absences and a disability been treated the same as someone who has had 5 absences and does not. Therefore the sickness absence policy should be applied as normal without positive discrimination.
-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]]On
Behalf Of Tanya Chipunza
Sent: 29 May 2012 14:10
To: [log in to unmask]
Subject: [OCC-HEALTH] HIV & high sickness absence
Dear list
I am looking to pick your brains on the case of an employee with extremely high sickness absence levels which he alleges are related to his diagnosis of HIV and whose Consultant has confirmed an excellent prognosis. Additionally, a recent referral to an OHP has concluded that the adjustments which are already in place are appropriate and sufficient. The adjustments include: accommodating a higher level sickness absence, flexible working arrangements, allowing time off for attending support groups etc. Just wanting to hear your views on how OH as well as HR should proceed in managing this case bearing in mind the EQA 2010 should the absences continue - which is highly likely. The individual works as a customer sales rep an office based role.
Many thanks in anticipation
Tanya
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