Showing results for tags 'section 15'.
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Hi there, first post so I hope it makes sense... Can anyone give me a brief understanding of section 15 of the Equality Act 2010 please (in layman's terms) as I'm trying to help my sister with a work problem and I think it might be relevant. She is a member of a union but they haven't been much help! It's relating to an actionable attendance policy at her work. She is disabled under the definition of the act and is employed by a large public sector organisation. She is rarely off work except with disability-related sickness (this has happened 6 times in the 24 years she has worked for them) and when she is it always lasts a few months and therefore breaches the policy guidelines, even though they relax the rules slightly for disabled employees. i.e. in one year Policy - 3 periods or 8 days Disabled employees usually 4 periods or 11 days She has been in work for 22 months without any sickness but then was taken ill and has been off for eight weeks and is due back at the end of March on a return to work plan (reduced hours for five weeks and weekly management meetings). She went to a sickness meeting last week and was told in passing that they will not put up with this level of sickness anymore and mentioned capability. She always takes personal responsibility for her health, takes her meds, lets manager know if a problem is developing, goes to the doctors/counselling etc. My question is that because of her disability when she is of sick she has always broken the actionable attendance policy which puts her at risk of being dismissed. Would it be reasonable to ask that her attendance be ignored under section 15? Just as an aside she has been off with depression and anxiety caused by work related stress. Any help would be much appreciated. Thanks Dex
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