How does vasculitis fit with Equality act 2010

[Katie18]

I’m currently applying for jobs and I am always asked whether I have a disability defined by the equality act 2010. I do have a long condition - Churg Strauss syndrome, it does affect my daily activities sometimes - I have problems walking long distances, I can’t stand for a long time, I have more medical appointments than most as I come under 3 consultants, I would struggle being on call overnight as I take amitryptiline which makes me tired and reduces nerve pain. I have reduced my hours to three days a week now and can function as well as anyone else in my team for that time. I’m not sure whether to say I do have a disability defined by the act and whether that will help protect me in any way or work against me? I don’t claim any disability benefits any more - although I did receive disability allowance for the first year of my illness when I could hardly walk. Just wondered if anyone else has experience of this as it seems a grey area and open to individual interpretation?

[Boudica1]

A very interesting question as they would need to be aware of some things and would have a big clue that something was amiss with more than usual Dr's appointments. Look forward to hearing from some-one in the know. Good luck with the jobs. x

[kc4t]

I've just changed jobs and due to my medication I'm currently on had to go to an occupational health assessment before a job offer was given. The interviewer told me I would be protected by the equality act and accepted my assessment of my physical capabilities and I was sent a job offer a week later. Hopefully I won't ever have to test what the legislature does in practice! But I was happy to accept the job I wanted

[Katie18 in reply to kc4t]

That’s good to hear and good luck with the job. I’ve completed an occupational health assessment form before my current contract just a year ago and all was fine, I wasn’t asked for a medical test. I’m just not sure whether my condition is seen as a disability or not and I’ve been asked that as a standard question on application form. My employers have always had good policies around protecting people with any kind of disability.

[Kentk8]

Hello Katie, I have experience of this from both sides of the fence. And you are right it is (as with all legal definitions) open to some interpretation until a case goes in front of a tribunal/court. To have a disability under the equalities act you need to have a ‘long term condition that without detriment (e.g. ‘treatment’) has substantial effects on day to day activities. It is not the diagnosis that determines it (unless you have cancer or ms as these are automatically included) but the long term nature and effect on your Daily activities. How you describe the effects of you CSS I would say it’s highly likely that you do but only you can decide whether to put it on your form. If you do, some employers may illegally discriminate if you don’t then you can’t expect the employer to support you with reasonable adjustments. Under this law you should not have an oh assessment until you have been selected for the position and if they don’t employ you once you have been assessed they Would have to have a very good reason why they couldn’t accommodate your disability without risking legal action. Hope that helps

[Katie18 in reply to Kentk8]

Thank you KentK8 that’s very helpful. I am fortunate as my employers have been supportive. I just find it confusing as I’m not eligible for DLA and I understand why - so I wasn’t sure whether I would still be classed as having a disability under the equality act. You are right having CSS means I do have to make adjustments in my working life.

[jenwide70]

I got mine 2012