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  • Frequently Asked Employment Questions - Is it possible to dismiss a disabled employee who has taken lots of sick leave?
    Yes, but you need to tread carefully. So first arrange to meet the employee in order to discuss their absence and find out: (1) if their condition might constitute a disability and be covered by the Equality Act 2010; (2) how much further time they're likely to be absent for; and (3) if any reasonable adjustments need to be made to enable them to return to or stay in work. If they can't return to their current role (or an alternative one) in the foreseeable future, you'll need their written consent to obtain...
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  • Frequently Asked Employment Questions - Are recurring illnesses protected by the Equality Act 2010 (EA)?
    Yes, it's possible. Under the EA the physical or mental impairment must have a substantial and long-term adverse effect on an employee's ability to carry out normal day-to-day activities. The effect of an impairment is long term if it has lasted for at least twelve months, or it is likely to last for at least twelve months, or it is likely to last for the rest of the employee's life. In addition, if an impairment ceases to have a substantial adverse effect on the employee's ability to carry out normal day-to-day...
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  • Frequently Asked Employment Questions - How do we deal with a potential disability at the interview stage?
    Job applicants are protected from discrimination during recruitment, so you need to be seen to treat all candidates fairly. This is particularly important as discrimination legislation protects a wide range of conditions, including stress and depression, if they are deemed sufficiently long-term and they have a substantial adverse effect on the individual's ability to carry out normal day-to-day activities. So when you invite someone to an interview, ask if any special arrangements need to be made, e.g. giving...
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