worried about my job

[pepepoo]

can anybody tell me if celiac disease is covered by the equity act .

[pepepoo]

so is being celiac a disability ???.

[Activity2004 in reply to pepepoo]

That would be under the Affordable Care Act/Obama Care.

[pepepoo]

its swings & roundabouts its not easy ...thats for your help .

[pepepoo in reply to pepepoo]

thanks for your help

[Regalbirdy]

Hi,

I asked Coeliac UK about this a couple of years ago.

The answer I had back is that it isn't specifically mentioned, so the answer is technically 'no' at the moment.

However, my understanding is that the disability part of the act covers 'activities of daily living' (ADL for short) and eating is definitely one of those activities. Having Coeliac Disease definitely impairs ADL, so in some circumstances you may be able to argue it on an individual basis.

Sorry I don't know the specifics. Personally I think it would be more helpful to the majority of Coeliacs if it was listed as a disability, but even amongst Coeliacs, not everyone considers it as such. But if we did have it listed, would that mean that those with diabetes or maybe a peanut allergy, would also qualify?....

[pepepoo]

i wonder if the equality act has change now since you say you ask coeliac uk a couple of years ago ...its doubtful ...thanks regalbirdy

[Regalbirdy in reply to pepepoo]

This might help you:

gov.uk/definition-of-disabi...

I've just realised that what I put before has more to do with the definition of a disability rather than how the act protects someone with it.

Back then I looked it up for similar reasons to you. Having CD was chronically affecting my ability to cope at work. Fortunately I no longer have that job - I successfully made it to the end of my contract.

[Lisahelen]

Having a 'label' doesnt always help the people who have one.

A friend got officially labelled type 1 diabetic to get a green card to allow him sick time from work if needed- he never got offered a proper job from that day on.

[pepepoo]

i am not after a label lisa i am just trying to keep the job i have .

[Regalbirdy in reply to pepepoo]

I so get where you are coming from, however Lisahelen makes a very valid point.

To use the Equality Act 2010 successfully, you have to prove your CD is a disability. Unfortunately this can then make you less employable long term on the jobs market, because you would then potentially have to declare it in any work situation.

Gaining a disability 'label' is a very much a double edged sword. Whilst the label shouldn't make a difference (that's why the act was created in the first place!) and is meant to be good, the reality too often unfortunately doesn't match the ideal.

Good luck, I hope you can find a way out of your current difficulties.

[pepepoo in reply to Regalbirdy]

hi regalbirdy ...my company wants to give me a stage 2 absence monitoring review , i have just become CD myself and the past 2 years have been difficult at work due to a few days here and there with absence , so you see i am not after a label its just that equality act should cover CD be it a disability or not ...i was led to believe it was .

[Regalbirdy in reply to pepepoo]

Can you join a union? A friend of mine was having health issues and that's what she did. The union gave her the support she needed. After some discussion from both sides, the stage 2 action was dropped.

I would suggest that you DO NOT go to further stage 2 meetings without taking a witness of some kind. Ideally they would be willing to support you and take notes/minutes of the meeting for you.

In the meantime make sure that you get your B12, folates and iron levels retested asap. Put up a fight with the GP if necessary- tell them your health is seriously impacting your ability to work. I wish I had done this sooner. My GP told me I was borderline B12 deficient and suggested I take oral supplements. I did, but as a newly diagnosed coeliac I couldn't absorb them. I went back to fight my case for B12 injections and they relented. In days I felt so much better and this had a positive impact on my ability to work.

[Penel in reply to pepepoo]

I second RB, do join a union and take someone with you to any meetings.

[pepepoo in reply to Penel]

i am in a union and talking with them thanks .

[Babette in reply to Regalbirdy]

I've only ever been asked whether I consider myself to be disabled. I don't, but the Equality Act 2010 does.

[Activity2004 in reply to pepepoo]

What is the job?

[pepepoo]

thanks for the advice i have osteopenia and take calceos but thats all i take ...the cd is not affecting my work its just company policy to manage sickness , i believe i have control of my cd with my diet having just been to visit a hospital dietitian .

[Jacks]

The only one I know off hand is the armed forces or service personnel because you become a risk. Any accidental 'glutening ' would endanger you and make you a liability. Similarly, I know someone with manageable Crohns who is still in the army (tho they don't know), but he's finding it a struggle, despite medication.

[pepepoo]

i drive a HGV and gas & diarrhea is no fun when there`s nowhere to go...my wife has crohns so she understands my needs but doesn`t share the same diet .

[DartmoorGuerrilla]

Hi, if you're in an office, retail or warehouse environment (not armed forces etc) there is no reason for anyone but you to manage your diet so there's no strong argument for reasonable adjustments etc as you can take your own food. I'd be very surprised if anyone were to successfully argue it's a disability, any more than hayfever or allergies. But good luck.

[Dawn31019]

Hi sorry I don't know the specifics but I had a occupational Health appointment at work the other week . I work for the police and I have issues at work being Newly diagnosed with CD my health worker reassured me and told me that coeliac Disease is now a recognised disease and it's covered by Equality Act . This said I didn't question it further and don't know the specifics. I was told that the work place could not penalise me for reasonable time off with this and my sickness would not be used against me. This said I haven't lost any time but they have honoured all my hospital appointments and I've had a few.

[pepepoo in reply to Dawn31019]

thanks for your reply dawn ...HR told me the same thing if i had proof that i had CD then they could not penalise me under the Equality act ..but i just couldn`t find proof of this on the internet ...but i am happy to find somebody had the same problem as me thanks again dawn...i am not going to question HR .

[RodeoJoe in reply to pepepoo]

Proof would come from your Dr wouldn't it?

Surely you can only rely on this pre diagnosis, as you should be on a strict GF diet now if in fact you were diagnosed?

Or do I not understand the question?

[pepepoo in reply to RodeoJoe]

sorry joe you didnt understand the question ..i have paperwork proof from my hospital consultent that i have CD ...the question is do the Equlity act cover CD by law .

[RodeoJoe in reply to pepepoo]

OK, thanks for clearing that up. It's a good question, but unfortunately I don't think it necessarily would. What I would imagine is important is that the occasions happened pre diagnosis.

[pepepoo in reply to RodeoJoe]

i am not so sure because CD is a Autoimmune disease ...i do believe you are correct with pre diagnosis .

[RodeoJoe in reply to pepepoo]

So working back from a previous poster the only grounds you would have on the Equity act would be disability. And the only way you could prove you were disabled would be to qualify for disability benefits. I just can't see that ever happening.

But I can sympathise with your predicament, perhaps some kind of post dated sick note from your GP explaining that you were in fact ill.

At the end of the day if they're not playing ball with you then I think you'll have a tough time.

[pepepoo in reply to RodeoJoe]

i am still working joe and don`t need disability benefits , HR quoted me that having cd might be covered by Equlity act and help me keep my job..my company are just doing a absence policy me but as i said before i am not sure of the Equlity act...i already have it in writing form the hospital and after 27 years service its not like i have been there 5min is it ???

[Babette in reply to pepepoo]

The Equality Act doesn't tend to specifically state illnesses / conditions but covers "disability":

"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."

- ‘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's a lot of information on the government website. I'd probably start with gov.uk/definition-of-disabi...

You say that you have the cd under control through diet, which is great. Is the problem your time off for hospital appointments? My HR department are fine as long as I provide evidence of the appointment, e.g. a letter. I tend to just tell my line manager when I have appointments and make up the time or take a days' holiday. I know I don't have to but I feel I can then shout if I need any additional help or "reasonable adjustments".