Given absence warning in work

cdf99
cdf99 Community member Posts: 26 Connected
edited October 2022 in Work
So I’ve been given an absence warning today in work for having a few weeks off work due to my condition.. that’s covered under the equality act. I’m also currently waiting for medical appointment with consultant. And treatment. The manager was very unsupportive and basically just said my absence is not where it should be.. even though occupational health have said I’m covered under equality act and that due to all my many medical conditions my absence is expected to be higher.. I work full time had 2 occasions of absence in last 6 months 1 for 2 days and this latest lasting 3 weeks. Is it worth appealing this any advice 

Comments

  • janer1967
    janer1967 Community member Posts: 21,922 Championing
    Hi and welcome to the community 

    Ir may be worth appealing 

    However yes you are covered under the equality act but that act doesn't state you have to be allowed more sickness absence due to your disability 

    Some employers do make adjustments and disregard absences that are related to a disability but it isn't a legal requirement to do so 

    They should support you to improve your attendance have you discussed any reasonable adjustments at all this could include discarding disability related absences 

    You have an obligation in your contract to attend work on a regular basis though I don't feel your level of absence is excessive but would be a red flag 

    Have a read of the attendance management policy and make sure they have followed their own policy as a starting point 
  • RSISolutions
    RSISolutions Community member Posts: 132 Contributor

    What happens if you have a variable disability that causes you to take time off work and that no amounts of reasonable adjustments will help with reducing?

    My sickness policy says that after 7 days this triggers a meeting. It also says disability related absences should be registered seperatley. However, they dont specify a limit on this. So if you have an unsympathetic line manager, this could be trouble for the employee.

    Do you have examples of case law on this as I am not clear.

    Taking disability related absences is stressfull for people who need do it regularly. It can actually make some conditions worse. This contribues to the statistic that a disabled person is up to 3.5 times more likley to be self employed.

  • Stellar
    Stellar Community member Posts: 166 Empowering

    @RSISolutions might be worth making your own thread on your question. this post dates back to 2022 and its unlikely the other commenters in this thread are active.