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Sickness Absence and Disability Discrimination Feb 2013

Date: February 2013 Sickness Absence and Disability Discrimination A trade union negotiator's guide to the law and good practice Trades Union Congress Sickness Absence and Disability Discrimination 2 Contents 3 Section 1: Summary 6 Section 2: The legal position What the law says Sickness Absence : the case law Sickness Absence , sick pay and Disability The Code of Practice Reasonable Adjustments The Equality Duty Conclusions 16 Section 3: Good Practice Presenting the business case Counting Disability separately Occupational Health Disclosure Organising benefits 22 Section 4: Disability Leave 25 Section 5: Appendices 1. Unison model Disability Leave agreement 2. PCS model agreement 3. An actual Disability Leave agreement 4. Other TUC resources Trades Union Congress Sickness Absence and Disability Discrimination 3 Section 1 1 Summary The Equality Act 2010 ( EqA ) replaced the Disability Discrimination Act 1995 ( DDA ) when it came into force in 2010.

pay and sickness absence remains unhelpful, but the legal obligation on employers to consider reasonable adjustments for disabled workers is a vital concept that can be used as underpinning for negotiating changes to absence procedures. In general, unions will be better advised to use

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  Discrimination, Disability, Absence, Sickness, Sickness absence and disability discrimination

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