With full reference to case law and statute which has developed to address such issues, explain the legal position relating to both Amanda and Brian, and what remedies or procedures may be available to them

The Case Study

Amanda is employed as a planning manager by the Council and argues that the Council’s absence management policy is discriminatory. Amanda has a disability and has had a number of disability related absences. The policy does allow managers some discretion in relation to whether formal action would be taken when absence is related to an employee’s disability. However, Amanda has been issued with a written improvement warning after a two month absence due to disability related illness. Amanda has also been reminded that further absences could trigger additional sanctions.

Amanda is demanding that the warning be rescinded and that the Council adjust its absence management policy so that the consideration point for formal action is increased in her case. She argues that she is likely to have a higher level of absence than non-disabled colleagues. Amanda argues that issuing the warning is discriminatory because her absence through illness arises from her disability. She also argues that the Council’s absence management policy places her at a disadvantage compared to her non-disabled colleagues.

Brian is a customer service officer employed by the same Council. He is 35 years old and has been employed by the Council for five years, during which time he has progressed up the incremental pay scale. There are 10 points on the pay scale and Brian believes paying older employees, who have reached the top of the scale, the highest salary point amounts to unlawful discrimination.

The Council respond that the incremental pay scale reflects and rewards the increased knowledge and expertise of more experienced staff. Brian believes that after five years in the post he has achieved the ideal level of knowledge and expertise and that a further five years of service would not enhance the performance of any of the postholders. He believes that such a long pay scale discriminates against younger workers who will have less service.

With full reference to case law and statute which has developed to address such issues, explain the legal position relating to both Amanda and Brian, and what remedies or procedures may be available to them.