Is Lupus covered under Equality Act? I was in hospital with Double P.E. my employer want to do stage 3 sickness meeting on 25th.

[Cynthia1]

Employer said I could lose my job on the 25th July. I work for the Local Authority. Can anyone advice? I am feeling very stressful at the moment.

[Paul_Howard Partner LUPUS UK]

You'll be covered by the Equality Act so long as you have;

a) A physical or mental impairment

b) The impairment has an adverse effect on your ability to carry out day-to-day tasks

c) The adverse effect is substantial (this can be a tricky one to quantify)

d) The adverse effect is long term.

Providing you meet these criteria, you would technically be classed as 'disabled' and as such protected by the Equality Act.

[Cynthia1 in reply to Paul_Howard]

Thanks Paul

[lizzidrippin in reply to Paul_Howard]

Hi Paul,

This may be shutting the stable door after the horse has bolted, but I have recently lost my job with the local council, after a year on sick leave and advice from Occy Health. I never received a warning, just had one meeting with HR & line manager where they said I obviously couldn't do my job the council couldn't be expected to keep paying ...which was an error and pointed out to them...I had to repay a month's salary.

There was not a definitive diagnosis of lupus , but O/Arthritis & Inflammatory Arthritis & CTD.

Was I wrongfully dismissed? Wasn't in a union because 8 years ago was made redundant and they did ziltch for any of us.

[lizzidrippin in reply to lizzidrippin]

P.S I'd had an accident at work a couple of years ago which resulted in cruciate ligament damage 5 months sick leave...they did make adjustments....but may have triggered symptoms, although rheumy said it would be hard to prove.

[fabwheelie]

Hi

TheDDA (Disabled discrimination act) should be taken into account by your employer and they have to make "reasonable adjustments" to try accommodate that you can stay in work. (this may involve looking why you have sick leave, will things improve in future, looking at changing your role, your hours etc) However if you are not well enough to work the employer can "get rid" of you providing DDA rules etc have been looked at. I was "retired due to ill-health" by my employer and that actually worked out to be the best option for me, so it may be worth seeing if your employer has a pension scheme with ill-health retirement as an option- It was a long process to get the retirement involving my employer, occupational health, my drs and I had a union rep to help see all was "above board". One warning I had to agree that everything possible had been done and that I was not fit for work before I could apply for ill-health retirement -so then DDA was considered to be fully complied with, but then initially my ill-health retirement was not granted and in the mean time I was then "dismissed due to ill health". I had to appeal the initial retirement decision before eventually I got it and this needed lots of medical "backup" as evidence that I was entitled to the ill-health retirement

[jayfer in reply to fabwheelie]

hi, fabwheelie, I'm going through this now. I was finished Dec 2008 due to ill health ( query lupus and fibromyalgia) I applied for pension through ill health. 3 yr later they were 'still waiting' to hear from specialist. Oct 2010 my then specialist wrote to say I was unfit for work up to age 65. Nov 2011 received pension after appeal, but then realised wrong forms given and had got preserved benefits, am now fighting for other, with help from advisory dept, but trying to get details from 5 yr ago difficult. My specialist today has offered a letter I just hope it's enough. It is a tough road, pleased you got it though, Jackie