I was diagnosed with servers endo at 30 yrs,suffered the usual pain etc had unsuccessful IVF etc. in 2006 I was diagnosed by my forces Dr as being covered under the DDA. Recenty due to job cuts I had chance to look at my sickness record. It showed that time I had taken off sick to have operations for the endo had not been recognised as being covered under the DDA. This would mean that I could now possibly be in scope for loosing my job. I requested that this situation be put right. I included a copy of the form signed in 06 by the force Dr and details of my endo consultant if the OHU wanted to contact him. I have found out today that the force refute that I an covered under the DDA as now that is old hat and it is the equality act that has taken over in 2010. So am I now not covered even though I have the signed form from 06 and have given my consent for my employer to contact my consultant ? They say it was up to me to produce evidence that I am suffering from endo. I am so angry. Please does anyone know where I can turn to for help on this new law and endo ? I am also in the middle of applying to keep my own job....stressful !
Endo,the DDA and equality law ...help?? - Endometriosis UK
Endo,the DDA and equality law ...help??
The equality act includes the same principles as the DDA, so if you were covered then and your condition hasnt got better ( and that means if you took away any medication you are on or ops youve had) then chances are you would be covered now.
You would be covered if your condition has substantially affected your ability to carry out normal day-to-day activities for at least 12 months, or is likely to do so, or would do so without treatment.
Even if your endo is covered you can still be fairly dismissed dependant upon the job you do, how senior u are, how easy it is to cover your job, how serious an impact any absence has on the business, your colleagues or customers.
I think if they dismiss you without obtaining medical evidence to contradict your story they would be on dodgy ground and you may have a disability claim under the equality act. I would put in writing to them that you believe you have a disability and that you would like it taken into account when scoring you against other people. I am presuming that the sickness they are taking into account is endo related. It's not up to you to provide medical evidence for them. As someone who works in HR, I would at least write to someone's gp to see if their story was true and to get uptodate opinion of whether you would be covered.
The fact the name of the law has chaned is a red herring and irrelevant as it still covers the same things.
Good luck xx
There is more info at equalityhumanrights.com/
Just to let you know..my employer has agreed my endo is covered under the DDA and has taken my period of sickness off my record. I had to go through an appeals process but it went in my favour. Thank you again for your help by answering my question last month.
You are amazing . Thank you so much. The illness they are taking into account is a week I had off to recover from the renewal of a merina coil and d&c . I have no trust in my OHU or hr depts integrity. And I work for a police force . Thank you for taking the time to answer me xxxx
I'm pleased it worked out well for you in the end. Did you manage to keep your own job? Good luck xx
Yes ...I found out last week. Very worrying times though .
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