Anyone know the legal work related ins and outs around health, Lupus, depression, etc?

My employer is using my health as a reason not to allow me to increase my days/hours at work. They say it is because they are concerned about my well being. It was made worse because I now have to have my gallbladder removed! It feels like discrimination and prejudice. My only recourse is to get OH and GP to support me.

3 Replies

  • I can understand their reticence. They have a responsibility towards you, and many people with lupus need less hours. The best mutual way forward would be an occupational health review. I was on 40 hours and after review was dropped to 12. Allowed to try phasing back up to 20 then dropped to 12 again. All done with my agreement and to try and help me retain a position. It should be s positive process. If you are fit, that is what they will tell your employer. A gallbladder op is nothing to do with your lupus and csnnot be a considerstion x

  • Is your lupus in remission? How long has it been in remission? Does your job make demands on you that might exacerbate it (stress, physical exhaustion etc)? It seems to me that a rheumatologist's opinion might be as important as that of occupational health.

    For what it's worth, speaking as someone who continued to work while my kidneys were failing, I would not put my body through that again - when I get another job it will be one that gives me room to manage my lupus alongside.

  • It depends on company's policy on returning to work after illness etc. These are usually attached separately to your terms and conditions but are binding nevertheless. If the company follows the policy to the letter, then there isn't discrimination, just policy. But I agree with Sarah above, it should be a matter of discussion and agreement but you will need to prove you're sufficiently fit to work longer and that there is a back up plan in case you aren't (so they don't find themselves without any cover for your work while you're away).

    Try not to get wound up - look at the policy, ask them to explain which part of the policy they are relying on and try to get to a mutually beneficial arrangement.

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