Absence with IBS

[maroondevo52]

If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

 

Any help appreciated.

[honeybee13]

Hello there.

 

Did you say all the employees are being disciplined??

 

I can see why you're thinking of the DDA, someone here will know if IBS is covered by it. Is there a union involved?

 

HB x

[maroondevo52]

All employee's with bad absence records, no union involved.

[Sidewinder]

If an employee with IBS is constantly absent from work, is it justifiable to discipline them, taken into consideration that all other employee's in the company are currently being disciplined for their absence.

Yes - although it would be action on grounds of capability rather than the sickness record - although the two are intertwined

 

The DDA specifies that you cannot treat that employee less favorably than any other employee in the company, however this employee has been treated more favorably than any other employee, is it justifiable to discipline the employee with IBS.

As a sideline, it is the Equality Act now, not the DDA. This requires the employer to make 'reasonable' adjustments to assist the employee to remain in work. An employee can still be dismissed for excessive absence, even where the cause of the absence is related to the potential 'disability' providing that a fair process is followed and after consideration of any adjustments that could be made to accommodate the disability. What is 'reasonable' could be the fact that the employee's absences connected with the disability are measured in a different way to those of non-disabled employees, or if there are workplace factors which make the absences more frequent, whether working conditions could be changed to reduce the negative impact on the employee's condition. With IBS, there is (probably) little that the employer could do to reduce the frequency of absences, so it may be sufficient to simply demonstrate that the employee is allowed a greater leeway before any trigger point is reached at which action is taken. A long way of saying -'Yes', providing that all factors have been considered and that the employee is not being treated 'unreasonably' purely on the basis of the disability. There HAS to still be a trigger point for absences otherwise the employee may be incapable of carrying out the role for which they are employed.

 

In the past 6 months the employee has had 24 periods of absence totaling 94 days, the company feel they cannot sustain this level of absence.

Informal discussion to assess whether work is exacerbating the problem and whether anything can be done to improve attendance. Explain that whilst sympathetic to the employee's condition there must be a mutually agreed target for improvement and dates set for review. Confirm in writing. If no improvement, then move to a more formal warning (with employee given right to be accompanied as per standard disciplinary guidelines) setting further target improvements, followed by final warning and ultimately dismissal on grounds of capability. The employer could also ask for permission to obtain medical reports and refer to an independant consultant or OH in order to gain an appreciation of the likely prospect of improvement in the condition or better management of symptoms before reaching the end of the line in terms of procedure.

 

Any help appreciated.

 

Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

[maroondevo52]

Not a straightforward process - nor a particularly short one, but the keywords are 'fair' and 'reasonable'. Absence has to be managed irrespective of disability, but the important thing is that an employee with a disability is not treated unfairly when compared with a non-disabled colleague. Different measures for absence related to the condition is essential, as is a transparent and fair process if the situation cannot be improved.

 

Thank you