Equality act 2010

[joanne39]

Hi there . My employer is threatening to terminate my employment as i have been absent for 5 and a half months . Is graves disease covered under the equality act . Thankyou .

[Treepie]

Not specifically , as is cancer and HIV. Nevertheless an employer has to make reasonable adjustments to attempt enable anyone who has a disability which prevents various day to day activities to continue working.

If however work is impossible and there is no clear prognosis as to when you may be able to return the employer cannot be expected to wait for an extended time.

All these cases turn on the individual facts .

Sorry I cannot be more positive.

[joanne39 in reply to Treepie]

Thankyou .

[jimh111]

The Equality Act covers long term disabilities, definded as a mental or physical disability that affects your ability to perform normal daily tasks. Long term is taken to mean you are affected for more than one year. If you are in a union you should seek their support. If not, try your local Citizens Advice or else a solicitor.

[joanne39 in reply to jimh111]

Thankyou for the advice .

[Jazzw]

It *might* be, depending on the circumstances.

A long-term effect is one which:

• has lasted at least 12 months; or

• is likely to last at least 12 months; or

• is likely to last for the rest of the life of the person affected.

Do you belong to a union? As jimh111 says, try there or Citizen's Advice for more assistance.

[joanne39 in reply to Jazzw]

Yes i am in a union . Thankyou for responding .

[Glynisrose]

Good luck! Its not regarded as a disability and doctors will probably laugh at you but keep fighting for recognition.

[Treepie]

Glynisrose,that is not quite right as jazzw has given the definition that applies so as she says it might be dependent on how the individual is affected. It is the Tribunal that determines whether there is a disability and while it will use medical information it does not have to accept a doctors opinion.

[dee88]

Why specifically, have you been off work for five and a half months? What part of the illness affects your ability to work? Are you on medication? Have you seen the company occupation health GP?

You are covered by the Equality Act, as mentioned above but you might have to fight for your boss to recognise it. Go in armed with lots of knowledge.

I have Hyperthyroid and Graves...my own boss has finally put me on the long term sick policy with a reasonable adjustment of "not counting any thyroid related sickness absence" so I won't be punished.

At the moment I'm off with a Fit Note saying I can work but not drive (bus driver), however they have no light duties so I'm stuck at home.

If you can give us a detailed account of what they have done so far, then you should be able to fight this once armed to the hilt with Info

[joanne39 in reply to dee88]

Its the muscle weakness and mood swings causing problem . Plus i've had adjustments with carbimazole which knocks me sideways . People dont realise it's not the easiest of things to deal with . Thankyou for any advice .

[cresswell]

Hi Joanne39, work finished me after being off for 18 months due to Graves Disease and Thyroid eye Disease, I spoke to ACAS and solicitors who said they can finish you without any pay off which really upset me because I had been there for 36 years. One solicitor said I could take them to court because of the report I got from Occupational Health and my Consultants to say that this illness will affect my daily living for at least 3 years but the doctor might say I am to ill to fight the case, he said it is very stressful to fight your employer. Last year I had 6 months of steroid infusions, that didn't work 12 days of radiotherapy on my eyes, my full thyroid removed which turned out to be cancer and Orbital Decompression on both eyes and still got to have four more eye operations and work just finished me I wasn't in the union but if you feel you could fight them I would go for it. Good luck.

[Babette]

I called ACAS about notifying HR about my Hashi's and they were really helpful, although my situation is slightly different to yours. Their website also suggests contacting the Disability Law Service (dls.org.uk/). I don't know whether they're any good. Good luck!

[joanne39 in reply to Babette]

Thankyou very much . X

[GladU]

Hi all I know it’s been a while but is there any further advice? I’m in a situation with my work I’ve been with them for 9 years, I’m a single mum and I have graces. I’ve asked for flexible working to better manage my graves and better mother my son. I’ve asked for flexible working circa four times in the last 4 yrs and have either been ignored or rejected while others with lesser needs (imo) have been granted. I’m now going through the pre tribunal process with acas. And I want to be clear what the discrimination is. My hyperthyroid symptoms are not as bad as last year when they were crazy. I was on beta blockers and Carbimazole. Ive been in the care of my hospital for over a year.