Hi Everyone.
I work for a large UK retail employer and my employer has stated that they are unwilling to transfer me to another store because of my heart valve condition.
is this discrimination under the Equality Act 2010?
Is heart valve disease considered a disability in order to be covered by the Equality Act 2010?
Can I fight my employer regarding this and is it a case worth taking to my HR department?
I don’t believe that I’ll health, and that is what the heart condition is likely to be viewed as, would be covered by the equality act 2010. Be that as it may, you should talk to your HR anyway if you are concerned since they will be the ones that your employer would also be speaking to.
do they feel that the work at the new store could put more strain on you? In any case talk to HR they may explain the company’s policy more clearly if they have one
Hi, I went through a very similar thing, they dismissed me under Ill health capability and I haven’t worked since! Please look at my profile as there are helpful links attached on there given to me by these very kind people on this site. Too many replies to copy and paste 😊
If it is likely to last 12 months or more then it will come under the disability discrimination act. I had a heart attack at 37, 8 years ago and I have had quite a few complications but if I get a cough or cold I need to take take out as causes respiratory problems. They have started taking my heart related problems as disability related illness. Worth talking to the h.r department it can't hurt. I was on notice but nobody from the management's h.r mentioned about this disability until I contacted the union and they told me about this.
My manager was so angry she had been given the wrong information. Very supportive.
Good luck
Does it count as a disability is a matter of perception. There are two criteria it must meat:
1) Has lasted longer than 12 months/ or is expected to
2) Has a significant impact on your ability to carry out daily tasks.
Clearly, the first point is quite objective, however, the second one is much more perceptive. You would have to convince your e-mployer of the second point for it to be considered a disability and why a store transfer would reduce this effect. [If you are requesting the transfer on these grounds]. I
f, for example you have applied for an open post (not requested transfer on disability grounds), and the reason the employer is rejecting you application is because of the valve disease- you are well with in your right to request a full explanation. The same goes for above.
Remember the Equality Act doe not require the employer to do anything- it requires them to consider fully all options and implement where possible and reasonable or document reasons for refusal.
You need to talk to HR but it would be useful to have union rep with you. Some HR departments are good but others just implement management policy and treat people like out-of-date laptops. One supermarket chain does this year try and convince customers how wonderful they are! 
Yea u can. It’s discrimination on health grounds.
From my experience with HR, they look after the company not individual employee!
This is because of what happened to me
It is very difficult to get an HR person to change their view they will always find a way.
What is the full story on the transfer?
"Can I fight my employer regarding this and is it a case worth taking to my HR department?"
Form the above at the moment you are discussing your transfer with a manager?
I am sorry "saving the face" plays a big part, managers come and go, your health is important to you and your family.
First talk to Citizens advisory people, they may have an employment specialist who may be able to offer you help.
Hi Everyone, and thank you for your responses.
To answer some of the questions above....
I was diagnosed with Mitral valve prolapse back in June 2017.
My employer has made reasonable adjustments in so far as removing me from a lot of the heavy lifting warehouse work that I used to do and have kept me more on the shopfloor.
I have spoken to the Managers of the two stores I have an interest in moving too, and they would be happy for me to continue in a mainly shopfloor role.
The reason for my transfer is simply to be closer to my new partner, as travelling back and forth each week on my days off isn't very convenient, and there are two stores within 12 miles of her location. I am currently 40 miles from her.
I am looking to contact my HR department, although we do have a 'People Manager' that covers our store region, and would be the person I would be in contact with initially.
I am just surprised that my 'health issue' was raised by my current Manager as a possible barrier to a transfer.
Hi,
You need to keep all your communication with your manager as a written record.
Please do not have any discussion as a passing comment.
Is there an open position in the stores that you are planning to move?
It is imperative that you current manager gives a full account of you health to the new managers involved. At the end of the day it will be the HR who will communicate your health record to the new hiring manager. I take that the three stores shop floor work is similar. Plan your move very well and good luck.
From my experience of wanting to move from one office to another, I thought my manager was helping but from some comments that I received from others, he was not happy with my move and put a stop to it!!
Because of down sizing the other department moved to our office and what happened was history.
Aorta valve disease 
Mechanical or tissue valve
Body piercing and tattoos - congenital heart disease (bicuspid valve)
Micro vascular angina, coronary artery spasm now heart murmur and possible valve disease
Aortic valve replacement
