Sickness Absence, Capability and Down Banding

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Conference
2011 Health Care Service Group Conference
Date
2 December 2010
Decision
Carried

This Conference is concerned that too few health staff have the facility to take negotiated disability leave when their impairment or long term health condition requires them to take time off work. In particular we are concerned that specific non apparent impairments relating to auto immune deficiencies including Rheumatoid Arthritis, HIV, Lupus, Ankylosing Spondylitis etc can experience a greater susceptibility to infection and may be more at risk of punitive actions under capability procedures that can result in pay increments being denied. Disabled health workers are reporting that their employers are steadfastly refusing to make workplace adjustments and using ‘down banding’ of pay scales as a means of accommodating job transfers and exploiting disabled workers as a means of cutting budgets. We are also witnessing a marked increase in the number of members who have reported that rest rooms are not being adapted to provide accessibility.

Some Foundation Trusts are not honouring the element of enhanced payments under Agenda for Change after the third period of disability related sickness absence, even when such absences are brief. In some cases this is leading to members returning to work prematurely and before they are fully recuperated, such members are at risk of needing long term absence and exacerbating poor health.

This Conference instructs the Health Service Group Executive to:

1)Publicise examples of the UNISON Disability Leave Model Agreement and the related fact sheet to all health branches with guidance from the Equality Act Code of Practice about why this is a recommended example of a reasonable adjustment for employers to adopt;

2)Establish a formal close working relationship with the National Disabled Members’ Committee for expert advice about where terms and conditions of health workers might perpetuate all forms of disability discrimination including the new provisions in the Equality Act relating to discrimination by association, by perception of disability and indirect disability discrimination;

3)Report back fully on progress to the UNISON Health Conference 2012.