Equality Act

[shrimpster]

HI All,

I think i may have dreamt this one or possibly read it on an ATOS report, but does it state anywhere what extensions of sick leave can be given, if someone is under the Equality Act?

By this i mean, instead of the standard attendance (14 days etc), maybe an extra two spells a year taken into consideration.

Any help appreciated.

[drb]

It would be a local agreement on individuals. Asthma is one for example. So 14 days can be increased to 28 etc. A "notice of assessment" from the Department of work and pensions helps too. Try this link to apply for disability:

http://www.direct.gov.uk/en/diol1/doito ... g_10017715" onclick="window.open(this.href);return false;

Remember! Disability would also have to effect your "quality of life" at home too.

[shrimpster]

Thanks drb.

Any idea if a kind of mental illness can be included in that? For example stress, ocd etc.

Thanks again.

[drb]

Absolutely. Just get the notice of assessment though.

[P13]

Thanks drb.

Any idea if a kind of mental illness can be included in that? For example stress, ocd etc.

Thanks again.

Stress and depression do come under the equality act but has to have lasted for more than a year and affect your day to day life

[shrimpster]

Thanks again.

Just to check i understand, you think if someone received a notice of assessment, we could ask for more leeway in the stage process?

[P13]

If they are covered by the equality act i do not think any stage warning should be issued

[fishtank]

Assuming you are covered by the Equality Act it all comes under the umbrella of "reasonable adjustments".
RM have an obligation to make adjustments to their sick absence policy to consider what would be a reasonable amount of sick absence to expect from a particular disability and discount that from any formal procedures.
There are no hard and fast rules on the amount so they normally seek guidance from ATOS on a ball park figure and probably add 10% to create a buffer.
Some members are under the mistaken impression that the Equality Act makes them completely bulletproof when it comes to the Attendance Procedure but it was never designed to do that.
What it should do is level the playing field so that a member's disability does not effect their status on RMAP.

[shrimpster]

Agreed.
Having trouble to get them to acknowledge it. Despite favorable ATOS reports. We keep going stage one, two - one, two.