if an employer is using the bradford absence index to "score" employees on sickness do they have to run 2 scores for people with disabilities - one relating to absences relating to their disability (sickness related to their condition, hospital visits etc) and a second score for normal illness? Also the nursery has had 2 cases of norwalk virus in the last 12 months - where my daughter picked up the virus and was ill on each occasion for 2 days, can the nursery abstain from responsibility in this regarding her absence on each of these occasions?
I have done a bit of research on this matter and have just found the following; according to the uk business forum if a person has a condition that is covered under the Disability Discrimination Act (ie Epilepsy) then employers should ignore absences related to the condition for calculation purposes and look at the absences that are not related to the disability? Also looking at the act point 6.3 (f) the employer has a duty allowing the employee to be absent during working hours for rehabilitation, assessment or treatment? Can you confirm this is the case? I feel my daughter is being discriminated against as a result of her condition - her employers are a large national company with a poor HR policy of one size fits all. I am not looking to make trouble for her just to protect her position.
so on the adjustments front would it be a good practice to separate the absences as detailed earlier and would a reasonable adjustment to expect her employers to have her start her shift later in the morning if her vulnerable time relating to her condition is early mornings. Her shifts can start from 630am - 930am. Her vulnerable time is between 630am & 830am?
are there any pointers relating to this subject in human rights legislation?