This resource for trade unions reps seeks to increase understanding of the law and its limitations in relation to sickness absence and disability discrimination.
As a result of the law and of growing awareness of its existence, it has become more unusual for disabled workers to face dismissal or unequal treatment for the simple reason of being disabled, especially among larger employers. Nonetheless, ignorance of the detail of the law remains widespread, and among other issues, unions have reported throughout this time that employers are continuing to get rid of disabled workers by using their sickness absence, capability or other procedures, without taking due account of them being a disabled employee.
In 2016, with the decision of the Court of Appeal in the long-running case of Griffiths v. DWP, it again became necessary to revise TUC advice for this new edition, which replaces all previous versions. However, while interpretation of the law has shifted and been clarified, the essential elements for trade union representatives remain the same. These are:
Disability disclosure may increase if disabled people have the confidence of being protected when disclosing their impairment. Having robust disability equality policies is key to this. This tool is for trade unions reps negotiating for inclusive practices and support their disabled members.
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