Does anyone know if Bronchiectasis & Asthma are covered by the Disabily Equality Act for employees?

Hi I have bronchiectasis & asthma and work full time. I have asked for some very small reasonable adjustments to help me with my every day job role and I am being told that my condition is not covered by this act. Does anyone know if this is correct? Does anyone else have these problems?

13 Replies

  • Hi

    Have a read of the following.

    Inrespective of you condition being include, your employer as a duty of care.

    That includes insuring you can carry out you work in a safe manner for you and other employees who may be affected.

    Any adjustment not only have to reasonable they also have to realistic. ( you can't expect alterations to a listed building)

    If you find you can not do you job and are forced to leave this could be constructive dismissal, for which you can claim compensation.

    I would seek to make the request to the right person in writing. You may wish to seek advice from the CAB, or your Union rep if you have one.

  • HI I don't think asthma is though I don't know about the other. But and this is important - while individual conditions might not be covered the accumulative effect of these conditions might come under disability if they were combined. Ask them too for a Stress Risk Assesment form for you to fill in. What you need to go is get your company to refer you to occupational health for their advice and a letter from your doctor/consultant might help too.

    Bear in mind that 'reasonable adjustments' are subject to 'business needs' and the company can refuse to make any. However if they don't and you are dismissed you have a strong case against them.

    I have been through similar at a previous employer and this is based on what I picked up then.

    You could also try contacting ACAS (google it) as they can give you lots of advice about this.

    Good luck. x

  • Contact for advice:

  • I had notified my employer of Asthma and AF and they would of been taken to court by the EQ if they gave me a written warning. I had been off work for 5.5 months after a stay ion ICU.

    Definition of disability under the Equality Act 2010

    You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

    What ‘substantial’ and ‘long-term’ mean

    ‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed

    ‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

    There are special rules about recurring or fluctuating conditions, for example, arthritis. For more details about the special rules download the ‘Equality Act Guidance’.

    Be Well

  • Joolz10

    It depends what you do but no you can get better with asthma it's a fine line I have emphysema I got adjustment two years later they gave me the sack on ill health capability so you do have to be careful see OH at work and talk to them hope everything works out for good luck

  • I had this problem with my employer. The HR department were just looking at a list of "Suggested" conditions that were considered a disability. Quote Stones reply and fight on because you are considered disabled. Good luck.

  • Hya

    I have suffered with bronchiectasis since childhood but the last few years it has progressed with bad infections and very bad fatigue, I work as a level 3 teaching assistant in a primary school (which I love by the way) my boss has been amazing with my illness, appt with occupational therapists and regular meeting with my boss and also within the last few months allowed me to work part time (17hrs) per week and letting me chose when to work, I do everyday now till dinner time which is perfect for me as I get very tired during the afternoon so I haven't had to go down the disability equality act route but good luck to you xx diane xx

  • Bronchiectasis is certainly a disability. I couln't work because of it. It must affect the employer too, but I don't know the law about it. Mic

  • Hi

    Realise the post is old but does anyone have asthma and bronchiectasis - and still working.

    At what point do you decide that its time for change, very tiring trying to keep positive and pick yourself after antibiotics, few weeks of feeling 'not right', back to different antibiotics, this time with steroids.

    Hoping for advice from those who have either been there and done, or going through similar experiences

  • That is really upto the individual. I have COPD and a small showing of bronchiectasis and still worked. I even worked when I had a exaserbation as my employer did not pay sick pay. But since being dx with psoriatic arthritis last year I have not worked. With movin house and I had to give up my job. And I am know claiming ESA. I have resently finished a PR course and found that very beneficial. For my breathing.. But not for the pain I get from my PsA. Take care x

  • Thank you when not off sick I do work full time , maybe it's time to do as you have done and reassess work lifestyle balance. Good Luck and less pain to you

  • Good luck to you too. In whatever you deside to do. Take care. X

  • Thanks x

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