Completing job application....not sure whether to declare endo as disability under Equality Act 2010...thoughts please.

[TitianRed321]

I am currently in the process of completing a job application.

Under the Equal Opportunities section, it states the following:-

'Disability

Disability is defined by the Equality Act 2010 as a physical or mental impairment which has a substantial and long-term (at least 12 months) affect on your ability to carry out normal day-to-day activities.

Do you have a disability as defined by the Equality Act?*

Yes. No. Do not wish to declare

Please indicate which category your disability falls within:*

Long standing illness or health condition

If you meet the Essential Criteria would you like to exercise your right to an interview under the Disability Confident scheme?* Yes. No.'

I have had endometriosis for at least 6 years, possibly for decades undiagnosed. In my current role, it generally take me longer to perform tasks, particularly physical tasks. I also get chronic fatigue due to the endo and this can affect my concentration. There was an incident a while ago in which my employer was very unpleasant because I was unable to physically keep up with the other staff (but the extenuating circumstances to that were that I was the only member of the team I worked with who turned up for work and I was expected to be in 6 places at once!) Due to my endo, I currently have reasonable adjustments in place; I reduced the number of work days that I work from 5 to 4.

I find endometriosis such a grey area in the context of the Equality Act 2010 that I just don't know if I would fall into the criteria.

I saw an Occupational Health doctor a while ago who said I was too unwell to work and he believed my endo may fall under the Equality Act 2010. I would say that my endo has affected every area of my life.

My husband and my Mum both think I shouldn't put myself down as disabled. I simply wanted to be transparent to any prospective employers - I am not able to work full time hours, and want to let them know it is because of a long term health condition.

I could select the 'Do not wish to declare' option.

What do you think? Pros and cons? What have you put in job applications?

I am really at a loss as to what to put! Any advice gratefully received.

[weekari]

Personally, I think if you consider yourself to be disabled by endo (and it sounds like you do & a Dr has agreed) then I think it's sensible to declare it. That way you're transparent and they have to make adjustments etc because of this. Maybe being some professional advice from someone who knows about employment law may be a good idea? If you're in the UK, citizens advice bureau would probably know.

[TitianRed321 in reply to weekari]

Thank you so much for your reply, weekari. I think I am concerned that, even though they say they are an equal opportunities employer, it may just be to look good.

[weekari in reply to TitianRed321]

If they're not going to be supportive, wouldn't it be best to know now before you get the job? You need an employer that's going to be understanding of the condition and can be flexible. It probably means not every post will be right for you but being upfront might help you filter out the ones that will not be right? Is definitely rather not very a job than have to go through all the stress of a difficult & unsupportive work place.

I'm about to leave my profession and will be looking for alternative jobs over the next few months. Its exactly what I'm trying to think about... I'll not manage a standard 9-5 job so I'm going to try create something that can work with my needs. I know it'll be a challenge but it'll be worth it to get the right thing.

Good luck with it 😊

[TitianRed321 in reply to weekari]

That is very true, weekari! Thank you for your responses.

[Hansen82]

I spend my life debating this at work, it’s always a debate as to whether someone with any condition qualifies. It is subjective after all, the affect it has on you to perform day to day tasks.

I would declare as weekari says I would want to know straight away whether they were supportive. The duty of the employer is to make reasonable adjustments and without open dialogue between employee and employer how can that be assessed for your best interests. It may be that they require 5 days cover, and that there was no reasonable adjustments they could make, in which case you would be better not leaving your current role where you had that flexibility.

I’ve been diagnosed for 9 years, and have declared to work, have reasonable adjustments in flexibility to work from home; do shorter hours if I’m ill and longer when I’m not, and a stand up desk. It works in my role and work are very supportive and I only use if I really need to.

With my current treatment I don’t think I would currently qualify as I’m not suffering

Employers are under a duty not to discriminate even in the application process, and if you felt that you were then you can approach ACAS for early conciliation and even take a claim to employment tribunal

Good luck

[Jen82]

I always declare and even mention long term health in my supporting statement if it's relevant to the role (I work in charity sector so it may be supporting those with disabilities). I use a sit to stand desk and need that straight away so I always tick the equality act. It doesn't matter if you feel you can manage or more in control of your health and don't think you would qualify as you would. We've all learnt to manage individualy our health and that should follow through into our working life.

There is Access to Work who can the employer and yourself access any equipment or adjustments if they don't have occupational health.

I'm not comparing but if you had cancer and had the all clear, you automatically fall under the Equality Act and disability. So anything long term or has an impact on your day to day is a disability. How you decide to see it or access or not access support is a personal thing. I am 35 and live at home as my folks act as carers to me but would never want to claim for it or be official. It means I can work and know I can lie down after work and my mum will make dinner. Not ideal for a 35 year especially as my folks aren't getting younger but it had helped me so much.

I also have vulvodynia to contend with. It took a very crappy experience in a job after five years of service (lawyer and pay out) to realise I should be taking control and be straight from the beginning about my health and need of adjustments.

Do what you think is right for you. Good luck