Case Law for Disability Related Absences

RSISolutions

I have started a new role. I have a home based computer job with occasional meetings on company sites. I am a chartered professional working full time for an employer.

I have to take many disability related absences because of debilitating migraines and irritable bowel syndrome. I also have chronic fatigue syndrome. I have already asked for and secured reasonable adjustments to try to reduce the amount of time I take off randomly with these conditions, but not much seems to work.

The sickness policy says, after 7 days of absences per year, this triggers a meeting. It also says that disability absences can be recorded seperatley but gives no indication as to how many of these will trigger a meeting. I will always be way over 7 days per year.

Where is the case law concerning disability related absences? The employes policy seems to be a bit vauge and legally employers dont have to give disability related absences.

MW123

@RSISolutions

The ambiguity in your employer's sickness policy regarding disability related absences may be causing you unnecessary stress. While the policy indicates that a meeting is triggered after seven days of absence, it does not clearly explain how disability related absences are managed, which is concerning. This lack of clarity could lead to misunderstandings, especially since you anticipate exceeding that threshold due to your health conditions.

Employers must consider the context of absences related to disabilities. While they can enforce attendance policies, they cannot penalise employees for absences directly resulting from their disabilities. Numerous case law decisions reinforce these principles, highlighting the importance of understanding and accommodating disability related issues. It may be helpful for you to document your concerns in writing to your employer and also consult with ACAS for further guidance.