PMR-Disability or not & Equality disability act 2010

[Naim1]

Hi,

I have read at length the 2010 Equality disability act ( through necessity😩). See link below.

As I understand it, PMR is an autoimmune illness?

If I am correct then PMR is classed as a 'disability' and this is a protected charachteristic in the workplace in the UK. Autoimmune illness is listed in the act.

Therefore that should offer protection for employees.

The significant parts in the act talk about impairments, 'long term' and carrying out 'normal' day to day activities.

All of which are described in detail.

Many of my symptoms and resulting recuring problems ( PMR, Pred & Adrenal) I believe meet criteria in the act.

I'd welcome any thoughts or second opinions.

It may help others who are of an age or status where we need to & want to work due to financial necessity, but finding it difficult.

I am in no way offering advice, just hope this either helps or sparks a very useful thread.

gov.uk/government/publicati...

[DorsetLady PMRGCAuk volunteer]

Have copied my reply to previous post for completeness -

As I highlighted in my previous reply, my reading of it [when was looking for you] is that yes you do meet criteria-

This link -Definition of disability under the Equality Act 2010 - states

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.

The only thing that might upset the apple cart is that PMR is self limiting disease -so there may be wriggle room for an unsympathetic employer to say it’s not a permanent situation.

The problem is it doesn’t specify what is regarded as “long term”… as k it’s open to interpretation.

[Naim1 in reply to DorsetLady]

As I understand it, the act states 'long term' is 12 months or longer.

So if symptoms have lasted & continue for 12 months+, and other criteria is met, it's a disability.

I can't find anything that says it has to be permanent?

It states-

'A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities '

I may have missed something though, I've read it a few times so may have gone word blind 😖

[DorsetLady PMRGCAuk volunteer in reply to Naim1]

You are correct in that it doesn’t actual state permanent, just saying it may not be as straightforward as it perhaps should be..due to the nature of PMR - ie -self limiting. Which is why we always suggest anyone in this situation gets expert opinion - which we aren’t..

Maybe try phoning the charity’s helpline no -

0300-111-5090

[Naim1 in reply to DorsetLady]

Thanks again for your continued help & advice.

It is such a relief having experts to hand & a great comfort. 🙏

[DorsetLady PMRGCAuk volunteer in reply to Naim1]

Just add helpline number - they may [should] have more info…

[Progfan]

Hi, I agree that it should be classed as a disability, at least for those people who have suffered for more than a year, however, PMR is classed as a "Temporary disability" which can be a loophole for those employers (and Government/Local Authorities) who wish to use it. For example I can't get a blue badge despite not being able to get into my car in a tight space, or walking long distances, and I can't claim a PIP. We need test cases!

[Naim1 in reply to Progfan]

We do. My guess is, no one has forcefully legally challenged it ?

The act is clear.

Autoimmune illness with impairments for 12 months or longer that has an impact on normal day to day activity is classed as a disability.

There is nothing in the act that states ' Temporary'

My guess is when it comes to ill health retirement requests for the condution, this is when 'temporary' may come in.

To qualify for ill health retirement the word 'permanently' not able to do your job crops up a lot.

If PMR is likely to go away between 2 & 5+ years time I can see why ill health retirement is declined.

It seems that others in positions of influence make up their own mind and take folk down a path of least resistance.

I would imagine many role over & just accept it.

I think it would be a very brave employer to challenge the act in a tribunal & state PMR is not a disability.

If anyone has any results from tribunals or case law i'd very much like to read it.

For many this could be the difference between being sacked for long term illness or being protected by law in the workplace.

At the same time I have some empathy for many small employers who need productive staff to keep a company going. Not easy for anyone.

[Naim1 in reply to Naim1]

P.S. forgive any spelling mistakes....having a puddled time at the minute!

[Sharitone in reply to Progfan]

To qualify for PIP, you only need to expect your health condition to last for at least another 9 months. The name of you condition is not important, but how it affects you:

To get PIP you must find it hard to do everyday tasks or get around because of a physical or mental condition. You must have found these things hard for 3 months and expect them to continue to be hard for another 9 months.

citizensadvice.org.uk/benef...

[Sharitone]

You don't have to have an 'official' disability to make an informal request for reasonable adjustment to be made for you at work.

citizensadvice.org.uk/work/... Heading 'Writing an informal letter'

I believe there are several charities that would be prepared to help you prepare a case.