Hi,
I’m new to the forum but I need some advice. I’m having some issues at work, I phoned acas this morning and they suggested I find out if an under active thyroid come under the equality act 2010.
So my question is does anyone know if under active thyroid is covered by the equality act?
Thanks
I work in the NHS and I am newly diagnosed with hypothyroidism. My occupational health dept has said yes, the disease is covered under the act but still many issues such as whether sickness triggers is at the manager’s discretion
No in the sense that hypothyroidism itself does not warrants protection per se; but yes within the circumstances in which a person is defined under the Equality Act as "disabled". Someone is defined as disabled if they have a physical or mental impairment that has a substantial and long term negative effect on their ability to do normal daily activities. By substantial, that means more than minor or trivial, eg it takes much longer than it usually would for another person to complete a particular task; and by long term, that it has lasted for 12 months or is likely to last for more than 12 months or for the rest of their life. So it isn't the specific thyroid problem itself that counts, but how the condition affects you at work. Under the Act the employer must give serious consideration to a person's individual needs and make reasonable adjustments to accommodate those needs. In my case, I worked anything up to 70 hrs per week at a senior level, and in no way would I ever have considered myself disabled or impaired, nor would I have been, under the requirements of the Act simply because I was diagnosed hypothyroid. Other people may be optimally medicated yet still symptomatic and impaired or disabled by it.
Hi there,
As to if it comes under the equality act 2010, the answer lies with you as the sufferer and how it affects you, some conditions are automatically covered, others may need some proving from you if you want to start a discrimination case or seek reasonable adjustments. The condition needs to have a substantial and long term affect on your day to day functioning. Keep in mind that you don't even need a diagnosis to be classed as disabled and be protected under the act, it's how you are affected.
They may try to have some argument about that once you are on hormone replacement you technically should be fine but it's not that simple, it can take a long time to get levels right and if you have autoimmune thyroid disease no matter if you are on the right dose for you, antibodies can cause swings and your levels may rise or fall, which bring symptoms.
Not to mention that so many people just don't tolerate thyroxine and still feel very unwell, then vitamin deficiencies and adrenal issues are very common in hypothyroidism which worsen symptoms, you can be over or under medicated too, it's extremely complex. It's one of the few conditions that means you become entitled to free prescriptions. I think that speaks volumes about its seriousness and the complexities of the condition, particularly as you need thyroid replacement for life, and thyroid disease can go hand in hand with many other conditions.
I think there's no question about how substantial and long term it is, you can't get any longer term than life. The problem is the ignorance regarding how large the impact is on the sufferer, the nhs on the whole are hugely ignorant about it. They are taught, give t4, keep tsh within range, all is fine! That doesn't make them right though, far from right.
Here's a cab link to info re the equality act citizensadvice.org.uk/law-a...
* please ring them the equality advisory service.
citizensadvice.org.uk/law-a...
assets.publishing.service.g...
gov.uk/reasonable-adjustmen...
I personally think if you are still symptomatic and it's affecting your day to day life, including work they have a duty to make reasonable adjustments for you and you will be protected under the act. But Definitely ring the eass helpline though to be sure.
Hope that helps
Thank you very much. The issue I’m having is as well as under active thyroid I have coeliac diseases and my immune system is compromised. I also feel the cold really easily. I recently went into work with the flu because management was moaning at me for taking time off. They refused to let me use a portable heater or put the heating on ( I work on customer service desk near the doors. I also make sure I take step E.g. layers, hot drink) this made my condition worse and I ended up with pneumonia. I was signed off from work for 2 weeks. I went back yesterday and they want to access my medical reports, start an investigation and possibly disciplinary action because apparently my Bradford index is too high. My argument is if they took steps to help keep the workplace warm I wouldn’t get ill so quick. I always go in if it’s just the sniffles, I even went in when I hurt my back. I’m never off over the warmer months but during winter I really suffer.
Thank you for all your replies and answering my question
Well it is a long term condition, and if you are not optimally treated it will affect you, though the extent may vary. The condition is still there even when you are optimally treated, albeit it is managed. It may make you more vulnerable to other illnesses when not optimally treated. Hence free prescriptions. And it can be difficult to get optimally treated, let’s be honest!
If your employer uses the Bradford Index then they should make reasonable adjustments to its use in your case. For instance, they might not apply the Bradford Index to absences directly attributable to your hypothyroidism or they might just record your Bradford Index but not apply the usual consequences at the trigger points. You should also mention the stress caused by use of the Bradford Index in the context of a long term condition. It’s unhelpful. I saw Occupational Health and they regarded hypothyroidism as a disability. Good luck Claire x
As you have Hashimoto's and coeliac you are likely inadequately treated on just Levothyroxine
Most/many Hashimoto's patients with coeliac disease or gluten intolerance need the addition of small dose of T3
So addressing your Thyroid Treatment correctly may/should improve sickness record
How much Levothyroxine are you currently taking?
Have you had vitamin levels tested?
Do you need to take regular supplements to improve vitamin levels
For full Thyroid evaluation you need TSH, FT4 and FT3 plus both TPO and TG thyroid antibodies tested. Also extremely important to test vitamin D, folate, ferritin and B12
Low vitamin levels are extremely common, especially if Thyroid antibodies are raised and/or with gluten intolerance
Recommended on here that all thyroid blood tests should ideally be done as early as possible in morning and fasting. Do not take Levothyroxine dose in the 24 hours prior to test, delay and take immediately after blood draw. This gives highest TSH, lowest FT4 and most consistent results. (Patient to patient tip, best not mentioned to GP or phlebotomist)
(If also on T3, make sure to take last dose 12 hours prior to test)
Private tests are available. Thousands on here forced to do this as NHS often refuses to test FT3 or antibodies
thyroiduk.org.uk/tuk/testin...
Medichecks Thyroid plus ultra vitamin or Blue Horizon Thyroid plus eleven are the most popular choice. DIY finger prick test or option to pay extra for private blood draw. Both companies often have special offers, Medichecks usually have offers on Thursdays, Blue Horizon its more random
Very interesting about T3. I haven't been diagnosed with Hashi's (they only tested one set of antibodies), and as my Coeliac testing was done when I had already been using a low carb (no grains) diet for about 3 years, my Endo predicted I'd pass it whatever my true state, and recommended I go GF anyway, which I did.
Now if I have gluten - whether on an "that sauce (or whatever) looks so good, I'll risk it" or an unwitting gluttening, it takes me about 3 weeks to get over it.
The T3 was below range the only time it was tested.
This just galvanising the need for me to get my big girl's pants on and get serious with these medics instead of trickling along at a snail's pace, getting no place fast.
Claireball10 - Apologies for deflecting your thread. From one person who feels the cold badly, I hope you get things sorted soon.
Getting Full private testing of vitamins and thyroid is your first step
Thank you. I am taking 100mg of thyroxine and have been for the last 10 years. I have a blood test once a year to check levels. I also have b12 injections every 12 weeks but I can honestly say since being diagnosed and put on thyroxine I haven never felt any better. I mention it to the doctor and they just say it’s normal :(. Thank you for your reply, I will have a look at all the links you sent
Information on the Equalitites Act 2010 including what constitutes a disability is here: gov.uk/guidance/equality-ac...
I think it also depends on the problems you're having. Details of one case is here: atlanticchambers.co.uk/news...
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When a doctor says “its your age" and doesn’t provide appropriate treatment. Part 1 Why this is illegal. (What to do about it in Part 2)
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