Policies and procedures are a must but should take account of the fact that the procedure will be different based on many variables such as whether the employee is a disabled person within the meaning set out in the Equality Act 2010 and whether the employee has 2 years of continuous employment service.
Please contact our Employment team for further advice.
It is unlawful to discriminate against employees (including workers) because of a mental or physical disability.
The definition of disability as under section 6 of the Equality Act 2010 is:
(1) A person (P) has a disability if –
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.
Medical evidence is a must when dealing with sickness absence related to a disability.
Disability discrimination can occur in a number of ways and we can help you to avoid this in the workplace. We can provide easy to follow step-by-step guidance to ensure that you comply with the law when dealing with sickness absence.