Does Christian Salvesen's Sickness Absence Management Policy Meet Its Obligations under the DDA - Essay Example

Does Christian Salvesen's sickness absence management policy meet its obligations under the DDA Introduction In workplaces, discrimination in all forms is considered as prevalent. Specifically, disabled employees are often target of maltreatments among authorities and peers. Moreover, the susceptibility of disabled workers to be inflicted with further physical damages is ignored. The complexities of manufacturing processes and other procedures pose threats to the safety of disabled employees. Despite the existence of legislatures outlawing discrimination, several incidences are still reported to various concerned agencies. Aside from the working areas, some concerned groups insist that the total elimination of disability discrimination has to start from at the onset of the employment process that most firms use as guideline. Changes in political administrations have influenced the evolution of laws that concern disability discrimination. Various rights have been accorded to disabled employees to boost their chances of establishing equal playing fields. Amidst this effort, some firms have still failed to practise the prescribed regulations. To further strengthen the established laws, the Disability Discrimination Authority (DDA) continues to monitor the policies that companies formulate regarding their treatment to all employees especially the disabled workers. DDA has formalised the method in which firms provide benefits to workers with disability in the event of sickness or injuries. The next discussion will centre on the policy of Christian Salvesen in providing the needed assistance to its disabled workers. Also, the discussion will determine the conformity of the company's regulations to DDA policies. Christian Salvesen PLC: A Company Profile Wright Investors' Report (2006) provided a snapshot of the company's profile including some vital financial information. Christian Salvesen PLC is one of the major names in the industry of transportation. The company primarily caters the logistics needs and transfer of goods from the sites to the market. Most of its clients are manufacturing and retail companies that distributes wide range of products. The company primarily operates in United Kingdom (UK) and its main office is based in London. The current sales for 2006 are estimated at over 800 million British Pounds. At present, the total number of employees in the firm is 13,245. This suggests that the workforce of the company is one of the biggest in UK. Although the number of disabled workers is not established, it is predicted that there are several employees that have physical disabilities. Definitely, the frequency of workers in the company shows that there are other ventures aside from freight. In fact, the company has some industries that deal with agricultural products. The firm also focus of high valued products like automotive parts and other complex products. In addition, the food division covers fresh and processed goods. The consumer operations covers products classified as needs and luxuries. To illustrate the company's stability, it operates in over 200 hundred. Some of its assets include warehouses that are used to keep the inventories and equipments. Furthermore, the 5000 tractors and 6000 trailers show the strength of the company. All these realities contribute to the necessity of providing ample support to all employees of the company. More important, the welfare of the disabled workers has to be highlighted. The fundamental impetus of providing sickness benefits to disabled employees is underlined in the labour laws of UK. The DDA for instance works closely as an agent that ensures the firms religiously follow the laws. First, the company has sufficient resources to allocate for the benefits of disabled workers. Basically, impaired employees have to be allotted with higher privileges because of their physical frailties. The financial highlights of the firm pictures a company of prosperity and growth. Therefore, it has the capacity to maximise its personnel service budget and expand the aid provided to sick disabled workers. Also, the company has to pay for the absences of the disabled workers and treat their situation as productive. Most firms complain that their financial position is unable to maintain the benefits of disabled workers. On the other hand, Christian Salvesen PLC belongs to the group of firms that has enough room to accommodate the needs of disabled workers when situations get worse. Second, the nature of industry where Christian Salvesen PLC operates provides several hazards that are potentially dangerous to workers. The physical defects that some workers have add to the possibility of getting sick or acquiring injuries while working. As mentioned previously, the inventories of the company is composed of both light and heavy materials. Moreover, the freight industry requires transfer of products through physical and mechanical efforts. The energy spent by disabled workers in the operations will cause some physical problems in the long run. The company also uses heavy equipments that are possible threats to the safety of the disabled employees. Overall, the manner in which the company operates underlines the necessity to protect the workers. DDA Fundamental Concepts The formulation of the Disability Discrimination Act of 1995 was fuelled by the clamour caused by the inequitable treatment of disabled individuals in workplaces. (National Disability Council, 1995) Indeed, disabled workers are constantly subjected to maltreatment and are provided with minimal protection. Some workers complain that normal employees take higher shares despite the similarities in responsibilities. Remuneration also became an issue as the physical disability was used by some firms to justify lower than the average wage given to disabled employees. Although there are existing laws condemning such acts, the National Disability Council (NDC) recognised the need to improve the laws. The Disability Discrimination Act of 1995 aimed to bridge gaps caused by the misconception of the firms and the aggressiveness of the employees. A Dictionary of Business (1999) defined disability discrimination as an act of curtailing equal treatment to employees and using the physical impairment as justification. NDC has emphasised that the discrimination of disabled individuals is unlawful. The Act, as showed in Part II specifies the limitation of employers in discriminating their workers. Accordingly, the employment of disabled applicants has to be based on qualifications. Disabled workers have to provide with equal chances of gaining promotions, salary increases, and trainings. The employees have to be given remuneration based on the responsibility. Finally, employers have no right to illegally dismiss disabled workers or subject the employees to further detriments. The benefits given to employees have to be properly disclosed and included in the contract before the employment is commenced. NDC clearly provided the guidelines in determining instances of disability discrimination. First, discrimination is committed when employee is treated less favourably compared with other workers that have no physical defects. The condition has to be supported by the inclination of the employer to base the decisions of physical fitness. Second, disabled employees are discriminated once the employer fails to sufficiently explain the reason for acting against disabled employees. The incidence of discrimination will make companies make the necessary adjustments. Benefits have to be provided in reference to the privileges handed to other workers. The method of payment schemes for pensions has to be uniformly established. This means that the disabled workers have to follow the usual payment schedule implemented by the employers. Other forms of discriminations have to be settled through methods agreed by both the workers and the employers. Absences because of sickness by disabled workers have to be accurately ascertained. The other workers have to be responsible in informing the managers of the situation. The employee in-charge of recording absences has to include all the details regarding the matter. This will allow the managers to precisely appraise the benefits that the disabled workers will receive. Once the absence is not recorded, the management will overrule the privileges granted to employees. The action will further implicate the employers as a discriminator of disabled worker rights. Sickness benefits are charged to companies and the firms are willing to spend only in situations where the hazard of working has caused the sickness of the disabled workers. (Occupational Health Advisor, 2000) Becta (2003) has classified absence into two basic categories. Short-term absences are linked with minor ailments that inflicted the disabled worker as the responsibilities are manifested. This will prevent the disabled workers to meet the target output in a given period. Medical examinations are required to determine the level of illness. Once the sickness is confirmed, the disabled worker will be advised to rest for 8 to 30 days including Saturdays and Sundays. It has to be noted that the workers are paid accordingly during the duration of the healing period. The long-term absences is characterised by accidents that causes the employees to miss several working days. Normally disabled workers are placed in a position where imminent resignation is the best choice. The employers, however, are required to assist financially in the recovery of the employee and to provide enough compensation to help the workers sustain their families during the duration of their services. The employer has the right to determine the status of the disabled workers after being sick. Usually, firms categorise employees as fit to work, absent but still in the process of recovery, and unfit to work. Disabled with minor ailments are expected to start working after the sickness is cured. Workers are also allowed to take long breaks provided that the period of absence will used for recovery. Finally, the employer has to consider describing disabled workers as unfit to work when medical records suggest that the employees that have suffered aggravating injuries will be in grave danger when the work is continued. It is important that the firm base the decision of facts and not on perceptions that disabled workers have no chance of recovering. (Working Together, 2005) The Company Policy In the event that the company realises the need for agencies to intervene, the firm will instruct the worker to seek for the advice of the Occupational Health Service (OHS). The agency is tasked to assist the employee in making successful recoveries. The company will compensate for the expenses that will be incurred during the process of treatment and the meetings with OHS. The firm values the expertise of OHS in physically and mentally conditioning the disabled workers before resuming to work. The company recognises that disabled employees working are highly risked in undergoing treatments. Special attention and treatment methods are provided to workers with physical defects. Basically, the firm believes that even the disabled workers can move on after being placed in a tough position. The approach to the problem has to be differently viewed to promote equality. The company requires informal and formal interviews before the disabled worker goes back to work. The purpose of this activity is to check the progress of the employee and to accurately identify the real status of their health. The informal interview is done through random testing that includes physical capabilities. Before engaging in the interview, however, the worker has to secure a referral from the OHS. The referral signifies that the employee is ready to resume the responsibilities. In formal interviews, the managers take charge of the entire process. Also, the company doctor will assist and will provide medical opinions regarding the results. The decision making is made out of the facts recorded and the existence of prejudiced statements is trashed. (SL PLC, 2000) Part of the benefits provided by the company is the drug testing. Some considers this as an invasion to privacy; but the firm contends that is has some advantages. The company performs the test randomly which means that employees are unaware. The most important benefit that drug testing provides is that it will clear the threat in the workplace. Studies have showed that drug dependents are likely to discriminate others. Definitely, disabled workers will become constant victims of these unworthy employees. In addition, the drug testing will determine the workers who are unfit to perform the processes in the firm. Terminating the drug users in the company will lessen the chances of the disabled workers to be re-injured and aggravate their condition. The policy of the company is to take a sample from the total workers and reveal the results in public. (Freight Transport Association, 2003) Another important benefit provided for disabled workers is the leave. Technically, the company has pattered its leave system from other companies. Accordingly, once a disabled employee get sick during the period when the annual leave is taken, the employee will be recoded as sick for the period and the annual leave will moved in other days. This has to be certified medically by doctors. The employee even in disability has to take the initiative to inform the manager of the nature of the absence. Only in extraordinary events will the manager excuse the non-disclosure of sickness. Aside from the annual leave, other legal leaves are used once the employee has certified the condition of being sick when the leave was used. All leaves, however, are to be used only within the current year of operations. (Absence Management Policy, 2006) The company has managed to maintain its system of protecting disabled workers amidst criticism. Basically, its core efforts are divided among the areas that are crucial to the company. Initially, disabled employees are given with equal opportunities in becoming part of the organisation. Discrimination is unwarranted when the company starts to look for the talented young applicants. Definitely, mental capability and talent will overcome the lack of physical stability. The company also continues to improve its attendance and the assistance provided to sick disabled workers. Disabled employees are referred to agency that exclusively deals with health and safety. The company does it share by providing financial support and facilitating the return of the employees. Working contracts with disabled workers are made flexible to accommodate uncertain events. This allows employees to freely contribute to the company without the fear of losing their jobs. Aside from the mentioned benefits, the company has planned to orient the disabled workers on the laws of employment. The activity serves as preview to the workers and will be a guide in seeking protection from discrimination. The remuneration and monetary benefits are ascertained through the law. The company assures that disabled employees will be given salary rates enjoyed by normal workers. The basis of payment is the responsibility and output produced and the physical capacity of the workers. Also, the company protects the disabled workers from being harassed and bullied because of their physical condition. The company works to make disabled workers prime contributors and catalyst of positive changes. (Crown Computing, 2000) Assessment and Evaluation First, the company has been providing disabled employees with equal opportunities. The hiring process ignores physical impairment and closely evaluates applicants through scholastic records and social awareness. Disabled applicants are guaranteed that their papers will be objectively assessed without perceived biases. The company is dedicated to allow equal chances to all willing applicants. The company accounts several employees with physical defects and the list keep on growing. Second, disabled employees are provided with ample support in the event of sickness. In partnership with OHS, the company works on the recovery of the workers and secures the quick return to work. The support given by the company to disabled workers is unparalleled compared with other companies. The company provides enough time for the workers to recover from the sickness or injuries. In some worse situations, the company will assist the employees in moving forward with renewed optimism. This is done through the pension system where even the disabled workers are part of. Their contribution plus the assistance given by the company is sufficient for the future. Third, the monetary benefits of the company are lucrative. Sick disabled workers are still given salary aside from the medical assistance. The financial aid provided to disabled employees is equal to that of workers without physical defects. In the past, most disabled workers complain that their employers tend to forget the responsibility of paying the hospital bills. Christian Salvesen PLC is different from these traditional companies. Fourth, the non-monetary benefits given to disabled workers is equal to the privileges given to normal employees. For example, the annual leave given to employees is the same. The company recognises the use of the leaves when disabled employees get sick. Leaves are moved to other days instead of being used on sick leaves. Other leaves are also extended making sick leaves distinct. Aside from financial help, the company assures the mental health of the disabled workers. Preparing the employees in all aspects will benefit the company in the long run. Supplementing the legal benefits with other perks aims to level the provision of benefits among workers. Fifth, the value placed by the firm on employees is admirable. The training opportunities provided by the company are equal. The firm believes that even disabled workers can become productive components. Basically, the company works on the capabilities of the employees and develops their potentials. It is part of the process to neutralise the weaknesses of disabled employees. This is done by focusing on the potentials of the workers. The importance of disabled workers in the success of the company is weighed with equity. The company is dedicated to make disabled workers among the difference makers in the company and the society. Based on these arguments, Christian Salvesen PLC can be considered as an abider of the Discrimination Disability Act of 1995. The company has successfully implemented the protection of disabled workers without affecting the usual processes. The creative approach of the company has produced unique results and quality changes among disabled employees. Conclusion Throughout the discussion, it was revealed that protection of disabled workers against harassment and unfair treatment is more than a complex notion. Workplaces have become the source of discrimination that has punished some employees. It is hard to imagine firms that promote equality fail to manifest the rights of disabled workers. The harassment on impaired employees continues to evolve even with the presence of legislative protection. The physical appearance of workers remains as significant issue in analysing the workplace. Perhaps the present stature will bring essential changes in the environment. Until today, such prediction remains to be seen in full implementation. Christian Salvesen PLC has learned to embrace the concepts promoted by NDC. Physically challenged employees occupy the same spot where normal workers are assigned. The continual changes in the processes of the company are guided by the framework of NDC. More important, disabled workers are allowed to participate and contribute to the firm without prejudices. All stages are done excluding the physical characteristics of the employees. The determination of monetary and other benefits are driven by responsibility and productivity more than physical capability. The special place that all employees have in Christian Salvesen PLC will be the fundamental core that will constantly protect the rights of disabled workers and be the shield against all forms of harassment. For Christian Salvesen PLC, it is the beginning of the new era. In this present world, employees are maintained when quality performance is observed. The issue on physical disability has to be shelved because of uselessness. References A Dictionary of Business. (1999). "Disability Discrimination." London: Oxford University Press. Absence Management Policy. (2006). "Annual Leave." Prifysgol, Abertawe: Swansea University. Becta. (2003). "Managing Sickness Absence." Date Retrieved 7 August 2006 from: Crown Computing. (2000). "Keeping Time: Managing People for Productivity." Tamworth: Crown Computing Limited "Discrimination Disability Act of 1995." (1995). London: National Disability Council. Freight Transportation Association. (2003). "Drink and Drug: The Road Transport Industry. London: FTA. Occupational Health Advisor. (2000). "Sickness Absence Management Guidelines." Brighton: University of Sussex. CS PLC. (2000). "Sickness Absence Management." Human Resources Department: SC PLC. Working Together. (2005). "Sickness Absence Management Policy." Borders College. Wright Investors' Services. (2006). "Christian Salvesen PLC - Company Profile Snapshots." London: The Winthrop Corporation. Read More