Your rights
If you are dealing with a long term chronic fluctuating health condition, and trying to stay in work, or find work, you will want to know where you stand legally and who can help you if you run into any problems.
Discrimination is against the law. The Equality Act 2010:
- puts a duty on employers to make what are known as ‘reasonable adjustments’ to help staff overcome disadvantage resulting from an impairment.
- says that it is discrimination to treat a disabled person unfavourably because of something connected with their disability
- makes indirect discrimination applicable to disabled people eg. a job applicant or employee could claim that a particular rule or requirement an employer has in place disadvantages people with the same disability
- makes it unlawful, except in certain circumstances, for employers to ask about a job candidate’s health before offering them work.
Reasonable adjustments
Under the Equality Act 2010, if you have “a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities” – including a long-term fluctuating condition – you may be regarded as disabled under the Act. If this applies to you then, as under the Disability Discrimination Act, your employer should make ‘reasonable adjustments’ to the workplace and to working practices, so that you (as a disabled employee or job applicant) are not at a disadvantage.
Adjustments might include:
• flexible hours and time keeping
• changes to your workload
• changes to your working environment
• regular review meetings
• support from an occupational health professional.
Talk to your employer sooner rather than later. The earlier such adjustments are made, the easier it could be for you to mange work alongside your symptoms and the better your chances of staying in work.
More information on reasonable adjustments in the workplace
Why stay in work?
Being in work has obvious benefits: protection against financial hardship, promoting a better quality of life and allowing people to make the most of their potential. Conversely, depending on your health condition or disability, being out of work can make physical and mental health problems worse and increase the chance of social exclusion.
There is a strong moral, social and economic case for supporting disabled people and those with health conditions to work, thus enabling people to lead fulfilling working lives. This is especially important in times of economic uncertainty. People living with chronic health condition often continue working long after their diagnosis. On the flip side, some people decide to leave their jobs when they are first diagnosed, often at the suggestion of their family or doctor. This decision is often made too quickly and at a time when symptoms can colour judgment.Depending on your health condition or disability, drugs, new technologies, better symptom management, legal employment protections, and community resources can help you remain in the workforce.
