Is Fibromyalgia covered by the equalities act? I know it's under DDA but not sure about EA?

[Klfhl]

Reason asking as employer refusing paid time of for Pain Clinic as they say Fibromyalgia not covered by EA according to Atos?

[Mazz64]

The Equalities Act 2010 replaced the DDA with the aim of bringing several acts on similar subjects into one act covering them all.

Under The Equalities Act, FM is covered as it meets the definition of a disability as stated in the Act

as a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities. ‘Substantial’ means more than minor or trivial. ‘Impairment’ covers, for example, long-term medical conditions such as asthma and diabetes, and fluctuating or progressive conditions such as rheumatoid arthritis or motor neurone disease. A mental impairment includes mental health conditions (such as bipolar disorder or depression), learning difficulties (such as dyslexia) and learning disabilities (such as autism and Down’s syndrome).

Once an employer has been advised by an employee that they have been dx'd with a condition covered by the Act, the employer is them obliged, under law, to work with the employee to see what "reasonable adjustments" can be brought in to make the job as suitable for the employee to carry on doing with their illness/condition/ disability taken into consideration.

Hope this helps and good luck

Mazz xx

[Klfhl in reply to Mazz64]

This helps me a lot! My manager said it may be covered by DDA but not EA so I can now go back and quote the act to them. Thank you so much for taking time to post xx hugs

Yvonne

[fenbadger in reply to Klfhl]

I wish all employers had such basic knowledge. Too few alas

[Klfhl in reply to fenbadger]

Do you think they just plead ignorance? Hoping we know little and accept whatever they say!

[fenbadger in reply to Klfhl]

Yup. As do certain areas of NHS and benefits offices. Cynical but true. I was supposed to have some physiotherapy a while ago. When I asked where it was I got back "why didn't you ask?" By the time I got it, it was too late.

[TheAuthor in reply to Mazz64]

Fantastic answer my friend, thank you.

Take care

Ken x

[skippy1958 in reply to Mazz64]

Hi Mazz64 does this mean that my employer has to pay my wage when I go for hospital appointment or am I reading this wrong xx thanks sue xx

[tettridge]

Hi

That was a brilliant answer Mazz, although not working myself anymore my daughter has Dyslexia. Although they (her work) have been told she has it, sometimes they tend to forget and put to much on her, as you may (or may not) know that should not happen with a person wit Dyslexia (why did they make it so hard to spell?) because they do not react well to pressure, but in general she is treated really well by her work.

Just thought it was a great answer and you hit the nail on the head.

Take care and Kindest regards

Terry

[TheAuthor]

Hi Klfhl

I am so sorry to read that you are having this problem with your employer, and I genuinely hope that you can rectify this issue as soon as possible.

All my hopes and dreams for you

Ken x

[Klfhl in reply to TheAuthor]

Thanks Ken xx

[Offcut]

I worked for a multinational telco company and was off work with Lung failure and in ICU for 32 days plus off work for 5.5 months recovering to be told when I went back that they were going to issue a written warning for the time off sick. I had already informed them I had asthma and a heart condition before they employed me. I told them that if they issue the warning I will take the matter further. I got in touch with the Equal Opportunities Commission and they sent me an email stating that once this was given to me they would take the matter over as it broke all the DDA/EA rules they had agreed to as an employer in the UK/EU.

It was a few weeks later that they informed me that they would not issue me with any warning. But I was made redundant 9 months later?

[Klfhl in reply to Offcut]

I work for our government and they should know rules lol Keep getting same reply....until you have had a condition a year we do not treat as a disability! I have no idea how long I may have suffered fibromyalgia but I know I have been I'll since I had major op in 2008..not sure if that's how long I've had Fibro or not lol

[Kimmix in reply to Klfhl]

Hi Klfhl, I also work for our government as a civil servant and I have tried to find out if they hold any information on fibromyalgia. I have looked on our own intranet and they cover alot including ME but nothing on fibromyalgia. I was hoping they had some info :-(. I did tell my current boss about my fibromyalgia before I accepted the post and he was alright about it. I don't think he really understands properly. I did print some things of from the internet but there isn't actually anything on how employers can help someone with our illness.

Main issues I have at work is my memory when I am stressed but also tiredness, boss verbally giving instructions instead of in writing, when I can keep looking at my tasks.

[Fairycake1973]

Wow Klfhl, I was about to post the same question! I have worked for my (law!) firm for nearly 13 years and, aside from the odd health blip over the years, have been a model employee. I have just been summoned by HR and been told that I have to attend a meeting on Monday to discuss absence. The undertone was "the future of your position". To say I am terrified is an understatement. He gave me a letter detailing all the info along with a print out of my absences since 2012 (I was only officially diagnosed in September last year and it took almost 2 years to get to that point) and have been totally upfront with them about the effects of the illness etc. Sadly, as we all know, you cannot tell when a flare (bit or small) will occur and they apparently need to know what for business purposes.....

Good luck with your firm - let us know how you get on x

[Klfhl in reply to Fairycake1973]

Hope your meeting goes well fairycake1973. Do what I'm going to do print out definition of EA and take it with you. I have only recently had diagnosis after long period of investigations so new to all this myself. Makes me mad it's not like you don't want to work it's sometimes ur body just can't do it.. My union has given me info on what adjustments my work must make but really they clueless as to how my condition affects me every day..you look ok to me is a regular reply from colleagues!!

Anyway I'll shut up now lo

Hugs xxxx

[Fairycake1973 in reply to Klfhl]

No need to shut up at all, I am with you all the way. I pointed out that because I don't have a leg hanging off or a massive growth on my face people assume it's a "pretend" disease where you use it when you want to be off.....sadly they don't see us trying to get out of bed in the morning or the pain we are in most days (sometimes not just the level of pain just how it's so constant). I also said, like you, do you really think I want to be like this and feeling guilty and that I'm letting people down? Drives me insane - as if we don't have enough to content with!

Good luck and hugs to you too x

[JeannieMc in reply to Klfhl]

Have you heard of Access for Work? Someone comes into your place of work and has a good look around and makes suggestions to your employer about what adjustments they could make for you.

accesstowork.co.uk/

Recently diagnosed, I am returning to work after 5 months sick and am scared stiff in case I cannot cope. I am taking redundancy because teachers are having to re-apply/re-interview for our jobs, and I just know I can no longer do the job I trained for. I still have to manage till July 19th (teacher) end of term. If I stay off any longer I am worried they will dismiss me due to medical capability. My job is very stressful and the hours very long; around 60 per week. I get so dizzy, tired and my body aches; I also have spondylosis, which is very painful. How do we cope with FM and work full-time?