Hi, I hope everyone had a great festive season as is doing as well as they can. I hope 2013 is good year for all.
I was hoping someone can help.
I was diagnosed with AIH early last year and also have AIHA. After 4 months off work i returned on phased return. I am a retail manager and contract is for 37.5hrs(5 days) a week. I have been doing 5 days for just over a month and it is too much, i am exhausted, in much more pain and just not coping. My area manager is up next Fri and i want to try to negotiate a change in my hours even temporarily. I can manage 4 days a week at a push and thats what i am hoping to get agreed. I have called acas to ask advice and the said i should find out if my condition is covered by the equality act. How do i find this out? My consultant is not the best and i am not seeing him for at least another month anyway, i cant manage another month at 5 days! If anyone knows where i should look/ask please let me know.
Many thanks.
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I am told that Citizens Advice and Macmillan are helping people to fill out the DLA forms as it literally depends on how you fill them in and who looks at them as to the outcome of what you will receive. You need to base your details on a really bad day and go from there.
My daughter receives DLA and she has AIH, however when we filled them in her prognosis was not good and she received payment immediately. Generally you can expect to wait, if my memory serves me right about 12 weeks.
thanks mumzymum. I hope your daughter is doing better. Im hoping that if dla is a possibility then aih is covered. Im not wanting to get dla etc but just want the equality act in mind in case my work say no outright without cobsideration.
Hi, I am speaking as an employment lawyer with decompensated cirrhosis and although the previous general ideas are helpful, there seems to be a misunderstanding about your query. I think I can help. Based on your details there is a very strong chance you are protected against disability discrimination at work under the equality act. Coverage is not defined by reference to particular conditions, instead the question is how severe the condition is in any given case. Courts and tribunals ask if someone has a physical or mental impairment (medical condition) that has a substantial and long term adverse effect on their ability to carry out normal day to day activities.
It's important to understand that the equality act is about discrimination at work - not benefits like the DLA. As far as your question goes, it's irrelevant if you qualify for any befits such as the DLA. They are based on completely separate legislation and legal tests.
On the assumption that in your particular circumstances you are covered by the equality act, as I think you almost certainly are, then this gives you strong legal protection. There is a duty on employers to make reasonable adjustments to working practices such as hours in order to support the needs of disabled employees. So they should not treat them the same as their fit and healthy employees, but consider reasonable requests for assistance to support their disabled employees at work, on a case by case basis. there are 5 other types of disability discrimination providing protection and legal claims if your rights are not respected.
You are right to try to agree a sensible plan with your manager about your working hours and duties, any necessary time off for medical appointments or recuperation. If that does not work, speak to HR about the situation, and consider taking specific legal advice and raising a grievance. Your GP and consultant should provide you with supporting medical reports explaining your condition and your needs and limits as a result of it. Your employer might also want you to consult their own OH doctors to get guidance on your case. You need to be clear with your employer and OH about your condition an the impact it has on you.
The last resort would be an employment tribunal claim for disability discrimination but if you work for a sensible responsible employer, it should not come to that.
My final thought is that your flexible work request should be realistic and if really 4 days might be too much, as you seemed to suggest, then consider asking or say 3.5 days. But you can always go back and request additional help or flexibility if necessary.
Thank you soooo much. This is exactly the information and guidance i needed. I will read the guidance fully. Hopefully i am just worrying over nothing but better to be prepared.
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