Request ID: FOI-1694-2223 Date published: 10 November 2022
You asked
Follow-on from IRV-054-2223:
Can you please answer question 5 displaying complete numbers in the table for both physical and mental incapacity as asked for as only figures for mental incapacity are shown.
Also, can you confirm that it is correct that of the 341 members of staff dismissed over the last three years on grounds of Ill health who were employed for longer than 2 years, almost all of the disabled staff (14 out of 15, 93.3%) were dismissed before being reaching the 12 months sickness absence generously allowed by TfL for its staff to recover when they are unfortunate enough to fall ill.
Could you provide the same information for all questions but limited to the last year only, going back from the same date as the original enquiry.
Can I also ask for dismissals between 9 and 12 months please as this is missing ( I believe it should be 6, the difference between 335 and 341? )
We answered
Our Ref: FOI-1694-2223
Thank you for your request received on 14 October 2022 asking for further information about staff absence.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require.
Dismissal on the grounds of medical incapacity would follow advice and guidance from Occupational Health and would be appropriate where:
• adjustments cannot be made (because they are not deemed reasonable) • the reasonable adjustments that can be made are insufficient to enable return to work or do not result in satisfactory improvement in attendance • permanent suitable alternative employment cannot be found • unreasonable refusal of reasonable adjustments or suitable alternative employment
Employment may be terminated before entitlement to contractual sick pay has been exhausted.
You asked:
Can you please answer question 5 displaying complete numbers in the table for both physical and mental incapacity as asked for as only figures for mental incapacity are shown.
We do not have a ‘physical incapacity’ code, there are a number of illnesses that could fall under this category.
Also, can you confirm that it is correct that of the 341 members of staff dismissed over the last three years on grounds of Ill health who were employed for longer than 2 years, almost all of the disabled staff (14 out of 15, 93.3%) were dismissed before being reaching the 12 months sickness absence generously allowed by TfL for its staff to recover when they are unfortunate enough to fall ill.
The 341 figure is the total number of people who have been employed by TfL for longer than 2 years and have been dismissed on grounds of Ill health in the last three years. Of these, 15 are recorded as declaring a disability. I can confirm that 14 of these people did not reach the 12 month sickness threshold – i.e. they were on long term sick for less than 12 months.
Can I also ask for dismissals between 9 and 12 months please as this is missing ( I believe it should be 6, the difference between 335 and 341? )
24.
Could you provide the same information for all questions but limited to the last year only, going back from the same date as the original enquiry.
How many people who have been employed by TfL for longer than 2 years have been dismissed on grounds of Ill health in the last 1 years?
159 individuals
With regard to the above, how many were dismissed before completing:
• 6 months sickness absence 93 individuals • between 6 and 9 months sickness absence 38 individuals • Between 9-12 months sickness absence 17 individualts • reached 12 months sickness absence before being dismissed 11 individuals
Please break down those listed in the above who have been dismissed according to physical /mental incapacity and by over/under 50 years old and by male/female
Female by Age Male by Age Illness Type 50+ Under 50 50+ Under 50 Mental Health <10 <10 19 <10
As explained above, we do not have a ‘physical incapacity’ code, there are a number of illnesses that could fall under this category.
How many disabled staff, who have been employed for 2 years or longer, has TfL dismissed on grounds of long term ill health in the last 1 years. Please provide this information by age and sex and how many of these staff were long term sick for less than 12 months before being dismissed.
<10 individuals - please note we will only hold information on staff members who have declared a disability.
Age Group Female Male 35 - 44 Years <10 0 45 - 54 Years <10 0 55 - 64 Years 0 0 65+ Years 0 <10
Sickness Type Less Than 12 Months Long Term Sick <10
Please note that for figures that show as ‘<10’ rather than a specific value, this has been done in accordance with TfL’s obligations under Data Protection legislation. Information that relates to low numbers of individuals has been withheld as required by section 40(2) of the FOI Act as disclosure could aid the identification of specific individuals, especially if combined with other personal data which may already be known to others. Disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the UK General Data Protection Regulation which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.
This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.
If this is not the information you are looking for please feel free to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
