Network Journal 2008 Issue 1 Jan/Feb

Helping members cope with disability

Usdaw is currently helping with a project being run by the TUC to find out more about disabled workers and sickness absence policies, writes equalities officer Ruth Cross.

The TUC are gathering evidence of how disabled workers are being treated under sickness absence schemes.

The TUC and Usdaw are aware of a growing problem in this area. Some managers are treating disability related absences as sickness.

This means workers are being disciplined for high levels of absence and in some cases, losing their jobs.

Disabled workers may need additional time off work on the grounds of their disability. This might be because they have to attend medical appointments, because their condition has recurred or because they are recovering after treatment. Ideally employers will not count these absences as sickness and so they will not count towards someone's absence percentage. In some cases Usdaw has been able to negotiate policies which provide for disability related leave to be counted separately from other sickness absence.

However, in many cases managers are treating all absence as sickness and so disabled workers are being disciplined. In one case recently, an Usdaw member who had been diagnosed with breast cancer needed time off work for surgery and recovery. Her manager treated all of her absence as sickness and she was disciplined for having what the company regarded as excessive levels of sickness absence.

The Usdaw rep became involved and was able to argue that the member was covered by the Disability Discrimination Act. Someone with cancer is automatically covered by the DDA at the point of diagnosis. The rep persuaded the company to count the member's absences for cancer treatment and recovery as disability related absence rather than as sickness.

While this might be an extreme example of bad treatment by the employer, a growing number of Usdaw reps are representing disabled members who have got caught up in sickness absence schemes.

Not surprisingly, the involvement of the Usdaw rep often makes all the difference. Usdaw has been able to provide the TUC with numerous examples of where Usdaw reps have won a disabled worker their job back or have had written warnings removed on the basis that the members leave was disability related and so should not have been taken into account when counting up total sickness absence.

It is hoped that the TUC will be able to support the work all unions are doing in this area by sharing examples of good practice.

Meanwhile, over the last 18 months sessions have been run at all divisional conferences on disability rights. The aim of these sessions has been to support reps dealing with disability at work.

Reps will be delighted to read that these courses are now available in every division.

The course covers issues like what we mean by disability, what the law says, disability and sickness absence and the kinds of support disabled workers can get at work.

To find out more talk to your training officer or local Usdaw office.

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