The Disability Discrimination Act (DDA) is a very important piece of legislation. It is something that all in society need to be aware of, and employers also should be acutely aware of their responsibilities.
Attendance Management Attacks
Over the past few years we have witnessed a ramp up of the Department’s attacks on those who have been unfortunate to be ill. This has included action up to and including dismissal for both short term (when the 8 day trigger point has been reached) and long term absences. The employer has in essence an 18 month warning period for sick absence warnings (due to the 6 month review and then additional 12 month review {euphemistically known as the backsliding period}).The Department has acknowledged that there has been a need for reasonable adjustments under the DDA, for those covered by the DDA, on its Attendance Management (AM) policy. There is nothing at all new about this. This reasonable adjustment was, often, a raised trigger point for sickness absences due to the “disability”. Members should have been aware of what their increased trigger point was, due to the reasonable adjustment.
Over the past few years we have witnessed a ramp up of the Department’s attacks on those who have been unfortunate to be ill. This has included action up to and including dismissal for both short term (when the 8 day trigger point has been reached) and long term absences. The employer has in essence an 18 month warning period for sick absence warnings (due to the 6 month review and then additional 12 month review {euphemistically known as the backsliding period}).The Department has acknowledged that there has been a need for reasonable adjustments under the DDA, for those covered by the DDA, on its Attendance Management (AM) policy. There is nothing at all new about this. This reasonable adjustment was, often, a raised trigger point for sickness absences due to the “disability”. Members should have been aware of what their increased trigger point was, due to the reasonable adjustment.
DDA Reasonable Adjustments to AM Trigger Points
The DCS area of the DWP appeared to move away from the Departmental procedure and declined to inform members covered by the DDA if they had an increased AM Trigger point. Indeed it appeared that members with already conceded reasonable adjustments for AM Trigger points had these withdrawn.
The DCS area of the DWP appeared to move away from the Departmental procedure and declined to inform members covered by the DDA if they had an increased AM Trigger point. Indeed it appeared that members with already conceded reasonable adjustments for AM Trigger points had these withdrawn.
This should NOT have been the case, and it has now been proven thus.
Advice to Members who are/ potentially are covered by the DDA
If you are, or potentially are or believe that you maybe covered by the DDA then it is important that you raise with your line manager the issue of AM Trigger Points and your reasonable adjustments. This is particularly important if you have received a warning and or are in the 18 month review period as the DDA may not have been properly taken into account.
If you are, or potentially are or believe that you maybe covered by the DDA then it is important that you raise with your line manager the issue of AM Trigger Points and your reasonable adjustments. This is particularly important if you have received a warning and or are in the 18 month review period as the DDA may not have been properly taken into account.
