i have had 8 days sick leave and my employer is concerned and may get a formal written warning. I have been to doctors spoken to OHS. I have a booklet from the National Migraine Trust which advises that there are some circumstances which would put migraine as a disability and i would like to know if i may come under the dda review.
i suffer from cluster migraines since... - National Migraine...
i suffer from cluster migraines since age of 10. Would i be considered under the discrimination act 2010 as i am a long term sufferer.
It's not fair when employers flaunting rules. Call the Equality Advisory Support Service on 0808 800 0082 they helped me recently they were all very helpful. They will ask you a number of questions to establish whether you can be classed as having a disability. Good luck x
Under the DDA there are a number of things that need to come together - which includes a long term condition - and migraines do qualify - there are a number of cases - as well as 'reasonable adjustments' meaning that there has to be something that can be identified as easing the condition that isn't unreasonable - that bit isn't so well defined and will come out of case law.
2ndtimearounds suggestion is a good one.
Also, if you are a member of a union (or could bring yourself to join one) the union may be able to support you in sorting things out.
One case I am aware of was a migraine sufferer who warned her employers that flourescent lighting triggered her migraines and raised this as an objection to their plans to replace all the lighting with flourescent lighting. They ignored her so she left - bringing a case for unfair dismissal - which was successful.
At the end of the day it all depends on the facts of the case - and you need legal support on that one.
Hi Christine, you can get advocacy advice from the charity Migraine Trust, call 020 7631 6970 or email info@migrainetrust.org. Our organisation (National Migraine Centre) provides treatment so that you are able to better manage your condition so I would suggest contacting both of us. Hopefully with our advice there may be no need for disability support but they are there as backup!
I have cluster headaches and my occupational health consultant said that I would be considered under the disability act. After this, my work stopped giving me trouble (after a year of trying to make me leave - it's hard for people to understand headache related illnesses).
I'm sorry you're having a tough time at work and I wish you the best with contacting the above organisations and getting the answer you deserve.