Can I defend myself with the disability act?

[Moohound70]

Re: Can I defend myself with the disability act?

I will print a copy off on Friday. I have just got in at 3 am after being at work since 8 am yesterday for 10 hours followed by on call and my brain is a bit fried.

I saw a colleague I haven't seen for while and she feels unsupported by management as well, she has a chronic back condition from standing doing 8 hour cases for 25 plus years and moving heavy patients with not enough help. She said all the scrub staff should resign en mass and then they might take notice of us.

I would be very grateful if you could help me put the relevant points across in a concise format.

[Moohound70]

Re: Can I defend myself with the disability act?

I have emailed myself the policy.

In the folder there were copies of all my OH letters and sickness monitoring letters since I started, does this mean they will read them all out?

[mariefab]

Re: Can I defend myself with the disability act?

Do you mean covering all the last 15 years?

[Moohound70]

Re: Can I defend myself with the disability act?

It goes back to 1st april 2005 I think that was when it was recorded electronically

[mariefab]

Re: Can I defend myself with the disability act?

I certainly would not expect them to be reading out up to 10 year old records.
Depending on the policy, I wouldn't expect them to go back further than a year or so.

Can you post the policy here? (or pm it to me if you prefer)

[Moohound70]

Re: Can I defend myself with the disability act?

MANAGING ATTENDANCE POLICY
(Previously Managing Attendance as a Result of Sickness Absence Policy)

Policy Reference No.	[IMG]file:///page1image4056[/IMG] CP251
Lead Director:	Director of Workforce
Author:	[IMG]file:///page1image9368[/IMG] Human Resources Manager
First Version Issued On:	[IMG]file:///page1image12032[/IMG] November 2005
Latest Version Issued On:	[IMG]file:///page1image14656[/IMG] April 2014
Review Date:	[IMG]file:///page1image17720[/IMG] April 2017
Consultation Process:	The Policy Sub-Group, LNC and JNCC have beenconsulted on this policy; however, the JNCC have notformally approved it.
Approved By:	[IMG]file:///page1image23216[/IMG] LNC
Ratified By:	[IMG]file:///page1image25720[/IMG] Executive Management Board
Target Audience:	[IMG]file:///page1image28304[/IMG] Staff
Distribution:	Intranet

When this document is viewed as a paper copy, the reader is responsible for checkingthat it is the most current version. This can be checked by accessing the database ofpolicies on the Trust intranet

[IMG]file:///page1image35936[/IMG] CHANGE RECORD
Date	[IMG]file:///page1image39992[/IMG] Author [IMG]file:///page1image41080[/IMG]	Nature of Change	[IMG]file:///page1image42400[/IMG] [IMG]file:///page1image42720[/IMG] Reference [IMG]file:///page1image43648[/IMG]
April 2014	HR Business Partner [IMG]file:///page1image46976[/IMG]	Minor amendments	Version 7 [IMG]file:///page1image49184[/IMG]
June 2013	HR Business Partner &Head of Corporate HRServices	New title and policy updated tosupport management ofattendance	Version 6
July 2012 [IMG]file:///page1image55064[/IMG] [IMG]file:///page1image55648[/IMG]	[IMG]file:///page1image56120[/IMG] Deputy Director of Workforceand OrganisationalDevelopment	New title	[IMG]file:///page1image59088[/IMG] Version 5

CONTENTS

[IMG]file:///page1image62328[/IMG] Paragraph		Page Number [IMG]file:///page1image65904[/IMG] [IMG]file:///page1image66224[/IMG]
1 [IMG]file:///page1image67624[/IMG]	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Introduction[/COLOR]	2
2	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Purpose[/COLOR]	2
3	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Scope[/COLOR]	[IMG]file:///page1image74880[/IMG] [IMG]file:///page1image75200[/IMG] 2
[IMG]file:///page1image76600[/IMG] 4	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Duties[/COLOR]	2
5	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Content[/COLOR]	[IMG]file:///page1image82272[/IMG] [IMG]file:///page1image82592[/IMG] 3
[IMG]file:///page1image84016[/IMG] 6 [IMG]file:///page1image84944[/IMG]	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Process for Monitoring Compliance[/COLOR]	7
7	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]References[/COLOR]	7
[IMG]file:///page1image91208[/IMG] 8 [IMG]file:///page1image92456[/IMG]	[COLOR=rgb(0.000000%, 0.000000%, 100.000000%)]Appendices[/COLOR]	7

1



MANAGING ATTENDANCE POLICY

1. 1 INTRODUCTION
   The Trust recognises that all organisations have some degree of staff sicknessabsence. Whilst 100% attendance is the ideal, it is accepted that this may notalways be attainable. We will endeavour to provide all possible help and support inorder to assist an early recovery and return to work when this is necessary.
   High levels of sickness absence are costly and time-consuming, having adverseeffects on service efficiency and staff morale, as well as imposing additional burdenson other colleagues who remain at work.
   It is recognised that the management of staff sickness is a difficult and often sensitivearea. However, sickness absence must be addressed as it is in the employer's andthe employee's interest to ensure that absence does not place undue stress on theindividual and on the remaining workforce.
   Attendance rates are a Workforce Key Performance Indicator for the Trust, and willbe monitored and reported to the Trust Board on a regular basis.
   Disability related absence will be managed in accordance with the Equality Act 2010and related Codes of Practice and Guidance.
   
2. 2 PURPOSE
   This policy offers a structured approach to help staff achieve acceptable attendancestandards. However, where problems continue (either as the result of long-termsickness or persistent poor attendance) this will be managed in accordance with thispolicy and may ultimately result in termination of employment.
   
3. 3 SCOPE
   This policy applies to ALL employees of the Trust.
   
4. 4 DUTIES
   Role of Directors/Senior Management
   
   • To ensure consistency in application of this policy within and across HealthGroups and Directorates
     
   • Monitor Attendance KPI and take any appropriate action
     Role of Line Managers
     
     • To encourage, enable and support staff to attend work
       
     • To ensure that employees understand sickness reporting procedures
       
     • To record whenever an employee is absent from work due to sickness
       
     • To implement all aspects of this policy in a fair and consistent manner
       Role of Employees
       
     
     
     • To be aware of their contractual responsibility to attend work
       
     • To report their absence to their line manager following set procedure
       
     • To ensure they keep their manager informed about their health/sickness
       
     • To participate in any meetings as part of this policy
       
     
     
   
   

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Role of Human Resources

• To review the effectiveness of this policy
  
• To provide advice, guidance, coaching and training to line managers
  
• To provide absence data as part of management reports
  Role of Occupational Health
  

• To provide professional advice to line managers and employees in relation tohealth and work
  
• To provide advice, guidance, coaching and training to line managers
  

5 CONTENT
SICKNESS ABSENCE PROCESSES

1. 5.1 Procedure for Reporting Sickness Absence
   There are local arrangements for reporting sickness absence. The over-ridingprinciple is that employees must have reported to their line manager theirabsence at least one hour before they are expected to work. Failure to reportin accordance with this may affect pay and be considered as misconduct.
   
2. 5.2 Sickness Certification
   
   • Sickness for three calendar days or less does not require production of aformal certificate
     
   • Sickness for between four and seven calendar days requires a self-certificate
     
   • Sickness for eight calendar days or more requires a ‘Statement of Fitnessfor Work’ obtained from a Doctor
     Sickness must continue to be reported and certified during periods of unpaidsick absence.
     Any statements of Fitness for Work (previously known as sicknesscertificates) must be received by the line manager within 3 days of issue. Ifthe appropriate documentation is not submitted within this timeframe it will bedeemed as unauthorised absence and sick pay (and associated annualleave) will not be paid.
     
   
   
3. 5.3 Return to Work Meeting
   The Trust believes it is essential for managers to carry out a “return to work”meeting with all employees following any/each period of sickness absence.
   This meeting should normally be held on the first day back to work, but at thelatest within 5 working days of the employee returning to work. The managerwill complete a return to work checklist.
   Managers will discuss with employees at their return to work meeting whethertheir level of sickness absence has reached a ‘trigger point’ which may theninstigate formal sickness absence management.
   
4. 5.4 Trigger Points
   Indicators that may trigger formal sickness absence management:
   
   • 4 episodes of absence in a 12 month rolling period
     
   • 3 episodes of absence in a 6 month rolling period
     
   • Attendance rate lower than the Trust’s KPI (currently 96.1%) in a rolling
     12 month period
     
   • Continuous absence of more than 4 weeks
     
   
   

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These may be adjusted in relation to absence due to pregnancy relatedconditions, an employee’s disability and/or an accident at work.

1. 5.5 Formal Sickness Absence Management
   Formal sickness absence management is not about challenging the reasonsfor sickness or disputing that the employee has been sick. It is aboutensuring that the employee understands that there is a limit to the amount oftime the organisation can afford to lose.
   Throughout this process line managers should work with employees andexplore potential reasonable adjustments that may support the employee inimproving their attendance and/or returning to work. These may include, forexample:
   
   • Occupational Health referral/assessment and advice
     
   • Temporary or permanent reduction in hours/different working
     pattern/times
     
   • Temporary adjustments to duties
     
   • Temporary or permanent redeployment
     
   • Phased return/refresher training
     
   • Individualised absence management triggers
     
   • NHS Pension Scheme members may consider ill health retirement
     
   
   
2. 5.6 Stage One
   The manager can either hold a Stage One meeting as part of the return towork meeting, or for long-term absence at four weeks.
   A letter will be sent to the employee after the meeting confirming alldiscussions, clearly stating the details of the monitoring, triggers that couldpotentially result in escalation, and a date for a review meeting in 8 weekstime.
   Stage One Review Meeting
   At the review meeting, the manager will decide on one of the followingoutcomes:
   
   • Escalation to Stage Two
     
   • Maintaining at Stage One
     
   • Removal from formal sickness absence management
     An employee may wish to be accompanied by a representative/official of theirtrade union, professional organisation, or a work colleague. An HRrepresentative may also be present.
     Indicators that may trigger escalation to Stage Two:
     
   
   
   • 2 or more episodes of absence in the review period
     
   • Attendance rate lower than the Trust’s KPI in the review period
     
   • Continuous absence throughout the review period
     
   • Where a return to work date agreed at a previous review meeting was not
     fulfilled
     If the decision is escalation, the outcome letter will confirm the detail of themeeting including: that the employee is now on Stage Two, details of furthermonitoring, triggers that could potentially result in referral to a panel, and adate for a review meeting in 8 weeks time.
     
   
   

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The employee has the right of appeal against decisions reached at the StageOne Review Meeting. The appeal is to be lodged within 5 working days ofreceipt of the outcome letter. The appeal will be heard by a manager notpreviously involved. The employee shall be given at least 5 working day’snotice of the date of the appeal hearing in writing.
Indicators that may suggest maintaining monitoring at Stage One of theprocess:

• Attendance rate higher than the Trust’s KPI in the review period
  
• Where an employee has returned to work during the review period
  following a long-term absence
  
• Where an employee has a definitive return to work date usually within the
  next 4 weeks
  
• Previous attendance history is considered relevant
  If the decision is maintaining, the outcome letter will state the employeeremains on Stage One, details of further monitoring, triggers that couldpotentially result in escalation, and a date for a review meeting in 8 weekstime.
  Indicators that may suggest removal from formal sickness absencemanagement:
  • Employee has 0% absence in 6 months from commencement of formal
  management
  • Absence rate has reduced to the point where none of the Trust triggers
  apply when measured in a rolling 12 month period
  If the decision is to remove from formal sickness absence management, theoutcome letter will state the employee is no longer being formally managed inaccordance with this policy; however, informal monitoring will continue.
  

5.7 Stage Two Review Meeting
At the review meeting the manager will decide on one of the followingoutcomes:

• Referral to a panel
  
• Maintaining at Stage Two
  
• Removal from formal sickness absence management
  An employee may wish to be accompanied by a representative/official of theirtrade union, professional organisation, or a work colleague. An HRrepresentative may also be present.
  Indicators that may trigger referral to panel:
  

• 2 or more episodes of absence in the review period
  
• Attendance rate lower than the Trust’s KPI in the review period and 12
  month rolling period
  
• Continuous absence throughout the review period with no anticipated date
  of return within a reasonable timeframe
  
• Where a return to work date agreed at a previous review meeting was not
  fulfilled
  If the decision is referral to a panel, the outcome letter will state that theemployee has now had their absence referred to a panel and a date for apanel hearing will be arranged.
  

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Indicators that may suggest maintaining monitoring at Stage Two of theprocess:

• Attendance rate higher than the Trust’s KPI in the review period
  
• Where an employee has returned to work during the review period
  following a long-term absence
  
• Where an employee has a definitive return to work date usually within the
  next 4 weeks
  
• Previous attendance history is considered relevant
  If the decision is maintaining, the outcome letter will state the employeeremains on Stage Two, details of further monitoring, triggers that couldpotentially result in referral to a panel, and a date for a review meeting in 8weeks time.
  Indicators that may suggest removal from formal sickness absencemanagement:
  
  • Employee has 0% absence in 6 months rolling period from
    commencement of 2nd stage formal management
    
  • Absence rate has reduced to the point where none of the Trust triggers
    apply when measured in a rolling 12 month period
    If the decision is to remove from formal sickness absence management, theoutcome letter will state the employee is no longer being formally managed inaccordance with this policy; however, informal monitoring will continue.
    If the decision is to maintain the employee at Stage Two the employee hasthe right of appeal. The appeal is to be lodged within 5 working days ofreceipt of the outcome letter. The appeal will be heard by a manager notpreviously involved. The employee shall be given at least 5 working day’snotice of the date of the appeal hearing in writing.
    Where the decision is escalation to a panel, the subsequent panelencompasses the appeal.
    
  
  

5.8 Panel Hearing (No Further Review Period)
The manager will prepare a management case summarising the sicknessabsence that has led to referral to a panel. This will include OccupationalHealth advice, and measures and adjustments that have been consideredand/or implemented to date. The manager will present this case at the panelhearing. An HR representative may also be present.
A manager with the authority/delegated responsibility to dismiss will chair thepanel hearing. An HR representative will provide support.
The employee has the right to be accompanied by a representative/official oftheir trade union, professional organisation, or a work colleague.
At the panel hearing the panel will decide on one of the following outcomes:

• Referral back to Stage Two of formal sickness absence management
  
• Adjourn panel to request further information/advice
  
• Dismissal
  

[IMG]file:///page6image23752[/IMG] 6



Indicators that may suggest referral back to Stage Two for furthermonitoring as is appropriate:

• Absence relating to pregnancy/disability not appropriately managed
  
• Reasonable adjustments can be made that have not already been
  explored
  
• An evidenced based return date is proposed
  
• Previous attendance history is considered relevant
  If the decision is referral back to Stage Two, the outcome letter will state thereasons for this. Further monitoring will take place in accordance with StageTwo above.
  Indicators that may suggest adjourning the panel to request furtherinformation/advice:
  

• Further Occupational Health advice required
  
• Additional evidence sought
  Indicators that may suggest dismissal is appropriate and proportionate:
  

• Multiple episodes of absence in a 12 month rolling period
  
• Attendance rate lower than the Trust’s KPI in the previous 12 month
  rolling period
  
• Continuous absence throughout the review periods with no anticipated
  date of return within a reasonable timeframe
  
• Where a previously agreed return to work date was not fulfilled
  
• Previous pattern of absence history is relevant
  
• Negative impact on the service
  
• All reasonable adjustments have been considered
  If the decision is to dismiss, the employee will be informed in writing of thereasons for dismissal. An employee has the right to appeal against dismissal.
  The employee has the right of appeal against decisions reached by the Panel.The appeal is to be lodged within 10 working days of receipt of the outcomeletter. The appeal will be heard by a panel not previously involved. Theemployee shall be given at least 10 working day’s notice of the date of theappeal hearing in writing.
  

1. 6 PROCESS FOR MONITORING COMPLIANCE
   The effectiveness of this policy will be monitored by the following indicators:
   
   • Attendance Rates
     
   • Managers completion of Sickness Absence training
     
   • Staff Retention
     
   
   
2. 7 REFERENCES
   
   • Stress at Work Policy
     
   • Alcohol and Substance Misuse Policy
     
   • Health and Safety at Work Policy
     
   • Chartered Institute of Personnel and Development (CIPD)
     
   • Advisory, Conciliation and Arbitration Service (ACAS)
     
   • Employee Relations Act (ERA)
     
   • Equality Act 2010
     
   • Medical and Dental Terms and Conditions Schedule Number 18
     
   • Agenda for Change Terms and Conditions Section 14
     
   
   

7

[Moohound70]

Re: Can I defend myself with the disability act?

I have to submit any mitigating circumstances by Monday the 23rd apparently, and I only received the pack on Friday, so I have not had long to look at it, some of the information in it is wrong, when I was of after my dad died in 2013 it is recorded as back pain.

[mariefab]

Re: Can I defend myself with the disability act?

Attatch a note correcting it if you like. I don't see how they could justify using 2 year old absences.

The response to your ealier question of why, in the circumstances, they were escalating this was just that they were applying the policy. Let's see if that's true.

1. Can you confirm that at no point have individual absence management triggers been implemented (or considered as far as you are aware) in your case?
2. I assume that your manager held the Stage 1 meeting as part of your return to work meeting when you returned after the 8 week absence.
Was it held within 5 days of your return to work?
3. Did you then have a Stage one review meeting 8 weeks later?
If so, can you confirm that the decision was to maintain you on Stage 1?
4. Roughly when did you have 1 day off with a migraine?
5. Did you have a return to work meeting within 5 days of return after the migraine?
6. You were escalated to Stage 2 after having time off when your nana died.
Was any reason given, at the time,for treating this absence as sickness rather than compassionate leave (or Leave/time off for domestic reasons as described at A4C terms handbook 35.35 onwards)?

[mariefab]

Re: Can I defend myself with the disability act?

A couple of pages coming up for you...

- - - Updated - - -

The Trust's Managing Attendance Policy makes repeated references to a 12 month rolling period. In the last 12 months I've had 2 periods of sickness absence and 1 period of compassionate leave.

1 day - sickness -migraine
1.5 days - compassionate leave -when my grandmother died
2 days - sickness -exacerbation of asthma (and chest infection).

A decision has been made in my case to include all 3 periods in this process. So, my current attendance in the 12 month rolling period is nearly 98%.

In the previous rolling year I had an 8 week period of absence that included serious illness, 2 hospital admissions, tests, diagnosis of late onset asthma, assessment, treatment and recouperation. This period has also been included in the current process.

My progression to this panel has been accomplished by the following method:
1. I returned to work on xxth November 2014 after which I was issued a Stage 1 letter.
2. I received a Stage 2 letter after taking 1.5 days compassionate leave.
3. Escalation to this panel after 2 days sickness absence due to exacerbation of asthma.

The Trust has unlimited access to information about asthma and will therefore have had actual or constructive knowledge that I have a disability since my diagnosis was communicated in October of 2014.

Included in the text of the Managing Attendance Policy are the following phrases that imply an intention to comply with the requirements of the Equality Act:

1 'Disability related absence will be managed in accordance with the Equality Act 2010 and related Codes of Practice and Guidance'

5.4 Trigger Points - 'These may be adjusted in relation to absence due to....an employee's disability....'

5.5 Formal Sickness Absence management - 'explore potential reasonable adjustments', 'Individualised absence management triggers'

5.8 Panel Hearing - 'This will include Occupational Health advice, and measures and adjustments that have been considered and/or implemented to date.'

To date I have seen very little evidence that, in practice, any of these measures have been applied in my case.
If this is how the Policy is always applied with disabled employees it may amount to indirect discrimination.

[mariefab]

Re: Can I defend myself with the disability act?

Reasonable Adjustments

I attended Occupational Health.
1. It was suggested that I take more holiday in Autumn and Winter as cold and damp make my asthma worse.

My holidays are booked already as per the annual leave policy so I haven't had the opportunity to do this. I think that the hope is that any exacerbations of asthma caused by cold and damp might occur while I'm on holiday thus potentially reducing the amount of future sickness absence.

2. OH also suggested that I not inhale laser smoke or formaldehyde fumes and that I wear a mask when pouring formaldehyde from one container to another, or get someone else to do it.

No-one else is available to do it for me. I work in an operating theatre so I wear a normal mask anyway. It keeps blood splashes from my face and eyes. It does not filter out respiratory irritants. So far, I have discovered that diathermy smoke, plaster of paris dust, Chlorhexadine alcohol spray and Opsite spray all trigger symptoms. (Also aerosol deodorants; but my colleagues know and wait until I leave the changing rooms.)

OH said that my asthma is a disability, but said that they couldn't influence the outcome of the panel.

I don't think the suggestions above qualify as reasonable adjustments.

I believe that they are reasonable steps that an employer is required to take to avoid substantial (i.e. not trivial) comparative disadvantages to disabled employees.

Reasonable adjustments, in my case, could include:

1. Providing a mask that does filter out respiratory irritants.

2. Permitting me the use of smoke extractors. We have the machines but only a few surgeons use them.

3. Adjusting my absence trigger points to discount some disability-related absence (e.g. the 2 day asthma exacerbation absence) or,

4. Creating individualised absence management triggers.

5. I requested one adjustment myself (although I didn't call it that). I asked not to have a student to look after this semester as I am tired, stressed, don't have the energy for additional duties and trying to manage my asthma so that I am fit for work. Now I have a student and no explanation of why my request was denied.


　
　
　

[mariefab]

Re: Can I defend myself with the disability act?

Equality Act s.15

The Managing Attendance Policy states in the introduction that 'Disability related absence will be managed in accordance with the Equality Act 2010 and related Codes of Practice and Guidance.'

The EHRC Statutory code of practice describes, and gives examples of, 'discrimination arising from disability' in Chapter 5 (page 71 onward).

The period of serious sickness absence that included the diagnosis of my disability could well be considered 'something' arising from a disability.

Treating me unfavourably because I needed to take this period of disability-related leave could qualify as discrimination.

Taking into consideration that:

I have only had 3 days of sickness absence in more than a year since then.

This has been without support from the Trust by way of reasonable adjustments.

and My attendance percentage in the current 12 month rolling period is higher than the Trust's target of 96.1%

I find it difficult to see how this could be objectively justified.






OK, I've seriously toned this ^ one down.

That's it from me, unless you can think of anything else.
Use them, or not, change them as much as you please.
If you feel like an exercise you could compare the documentation you have received from them since last year with the specific terms and timings of the policy to pick holes in how they just applied the policy.

[Moohound70]

Re: Can I defend myself with the disability act?

Thankyou for all your hard work, I will print this off and compose a letter for the panel.

[Moohound70]

Re: Can I defend myself with the disability act?

Sent my 5 copies to HR today, all I can do now is wait until Monday.

[Moohound70]

Re: Can I defend myself with the disability act?

Emailed union rep today, she was appalled that I only had the file given to me on Friday afternoon and I had to have my mitigation statement ready for Monday morning, she is still trying to contact HR to ask why this is going ahead and they are all out of office on courses.

[mariefab]

Re: Can I defend myself with the disability act?


19 Indirect discrimination

(1)A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

(2)For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—
(a)A applies, or would apply, it to persons with whom B does not share the characteristic,

(b)it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

(c)it puts, or would put, B at that disadvantage, and

(d)A cannot show it to be a proportionate means of achieving a legitimate aim.
　


19 Indirect discrimination

(1) The PCP is the way in which the Trust's sickness absence procedure is applied in practice.

(2)(a) The Policy applies to all staff.

(b) The written policy includes several statements that would lead the reader to expect that adjustments or other allowances would be made for staff with disabilities; but in practice this doesn't happen. Generally people with disabilities would be likely to have more sickness absence than people who don't have a disability. So, applying the Policy in the same way to all staff is disadvantageous to a member of staff with a disability.
When reminded, in writing, of my disability; the response from the Trust was: that they had applied the Policy, that they have not contravened the Equality Act and to set a date for the panel hearing.

(c) In the 12(+) month period on which the current action against me is based I have only taken 1 day of sickness absence that is not disability related. Every day of my disability related leave has been counted by the Trust in order to escalate me to the panel. Because of this the Policy indicates that I am now at risk of dismissal.

(d) It is for the Trust to objectively justify why, while purporting to comply with the Equality Act in it's written Policy, it has legitimate reasons for disregarding this duty when applying it.


As long as you take enough copies, you should feel free to take anything else you like to the panel hearing, including the little exercise above.
I'm sure that your union rep. will be capable of dealing with any objections that they make.