Disability Leave & Sickness LAWS & BRADFORD SCALE

freesia Member Posts: 409
Does any know about or ever heard about, DISABILITY LEAVE & SICKNESS laws....

Someone has told me that any time taken off work relating to your disability (mine being OA) can be classed as disability leave and therefore not classed in the same way as other sickness ie:- colds & flu ect...?

Having had several months off work after arthritis surgery, I am now facing disaplinary action at work due to the fact I had a couple of days off due to a cold & bad throat a short while ago - our company uses the BRADFORD SCALE to calculate sickness, and although I have had no other time off for 'minor illnesses' in the last 18 months apart from the couple of days for throat problems I am facing a "verbal or written" warning for absenteeism... I know I had a long time off post-op... But I am hardly a shirker at work, quite the opposite... and just wanted to know if anyone can offer any advice...??

I know employers have to tread carefully where any disabilty is involved due to the recent disability Laws ect - but I don't really know what to do..?


  • dreamdaisy
    dreamdaisy Member Posts: 31,520
    edited 30. Nov -1, 00:00
    Hello Freesia, I can't help but I wanted to bump yout thread above that of a spammer. DD
  • dreamdaisy
    dreamdaisy Member Posts: 31,520
    edited 30. Nov -1, 00:00
    And again.
  • wall1409
    wall1409 Member Posts: 294
    edited 30. Nov -1, 00:00
    Its a tricky one, I have a heart condition and asthma so am covered by the DDA which means I am allowed 10 days sick leave for any chest related illnesses and its doesnt count. I am currently awaiting results of an MRI to see if I have OA AS or RA then again I will have to go back to Occupational health to get covered on the DDA for that too. So if your off due to a condition covered by the DDA they have to be carefull but if its something else then normal sick rules and the episodes of sickness kick in. I just fing it all very complex

    Wendy XX
  • lulubell69
    lulubell69 Member Posts: 110
    edited 30. Nov -1, 00:00
    hi folks
    I have had ra for 9 years, worked for a local college for 10 years and been on sick leave on and off for 4 half years. I am on a dual monitoring system (Bradford Scale) for my disability and I believe you cannot be disciplined or finished from work because of time off due to your disability. Believe me, if they could finish you my works would have done it along time ago.
    Good luck
  • GraceB
    GraceB Member Posts: 1,595
    edited 30. Nov -1, 00:00

    Check the conditions of your employment. Also talk to ACAS and the CAB as they may be able to help. Alternatively, do any Solicitors near you who specialise in employment law offer those sessions where you pay a small amount - say £25-£30 - and you get a strict 20 minute session with them? A couple of phone calls may be worthwhile.

    I am extremely lucky in that I work for a local authority and any time I take off as a result of my disability is counted separately to 'normal' sickness. However, whether sickness is disability or not, it all comes out of the same pot. I don't get more allowance than my colleagues just because I am disabled.

    Can you get referred to Occupational Health? They may be able to help you.

    Good luck with this, I'm sorry I can't be of more practical help.

    Take care,
  • hannagoodwin
    hannagoodwin Member Posts: 28
    edited 30. Nov -1, 00:00
    Hi Freesia and everyone else :)

    I know that this is no help to you at all, but I saw your post and was wondering (and I know that this is really cheeky) but if you do find anything out at all about your case, you would be able to let me know.

    I am 20 and am currently having a similar situation as yourself from what I have gathered. And am so stuck with what to do or where to go for help. The company I work for are trying to be really awkward with me due to me being off "sick" at the moment, and because I have been due to my disability for a while now. I think the final straw for them was today as I have been signed off of work for at least another month, and they are now trying to make things hard for me.

    (Sorry for waffling on, I just really don't know where to turn now, and my mum said that as I used to use this site a lot and it helped, to see if there was anyone in the same situation type thing, and talking to people like me might make me feel a little bit better.)

    I have JIA and have done since I was 13/14. Have recently been having a lot more problems than in the last year or so as thought I was getting a lot better.

    If there is anyone who could possible help, or that I could talk to, in generally really :( it would really help.

    Sorry once again :( hehe, just feeling really down I suppose and don't really know what to do about my job now.

    I hope you find the help you are looking for too, and If I get anywhere looking too, I will let you know.

    Hannah :) xx