I’ve had ongoing health issues for years now and it has caused me to be off work on more occasions than my employer would like. I’m now being investigated for suspected MS by a neurologist. I’ve just had a formal meeting with my manager following an occupational health review and Occ Health have said in their report that they would defer judgement of whether or not I’m covered under the DDA until a diagnosis has been reached. I questioned this as when I told my Neuro how worried I was about how my symptoms were affecting work he told me not to worry as he felt I would be covered under the DDA anyway. In addition, I have applied for access to work who also agreed I was covered under DDA as well as my trade union rep. My manager said that she must go by what Occ Health have put in their report and therefore I am not yet classed as being covered under the DDA. She then asked why I felt I would be covered as I’ve not been diagnosed with anything and although MS is suspected it doesn’t mean I definately have it. She also said I need to get out of the mind set of thinkng I have a serious condition and get on with life rather than worrying about my diagnosis. My symptoms are well documented in my GP notes for at least 2 years. As far as I was aware your condition didn’t need a label to be classed as a disability, so long as you have had the condition for at least 12 months. I just wondered what everyone elses opinion regarding DDA is?
The DDA has been superseded by the Equalities Act.
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.
If you go to this page:
https://www.gov.uk/definition-of-disability-under-equality-act-2010
You can download a guide to the act with clear definitions.
Jane
I will be interested to see the replies of people more current in the recent position than I am. I have a nasty suspicion that there is still a limbo area where you are sick enoug to be completely stuffed with regard to (for instance) wanting to take out critical illness assurance, but not sick enough (i.e. not formally dx) to be covered automatically by DDA. I hope I’m wrong!
Alison
x
Personally I’d have thought you should still be covered - it was the disability discrimination act, not ‘confirmed diagnosis’ act after all. Although I understand how not having a confirmed diagnosis could make things a bit trickier, you’ve still got some kind of disability.
That’s just my opinion though, and that’s not going to mean anything when it comes to the law. I’d speak to your local Citizens Advice Bureau for a more informed opinion, or a union.
Dan
Be aware that even IF the Equalities Act applies here (I’m not at all convinced it does), it doesn’t mean an employer can’t get rid of you, if you become unable to do your job for health reasons.
They do have to make reasonable adjustments, to help and support you to stay in work, but if it becomes clear you can no longer do your job, because you can’t satisfy minimum levels of attendance, they will eventually have the right to sack you.
Exactly how long “eventually” is should be in the terms and conditions of employment, or in the HR policies somewhere. But they’re not obliged to keep paying indefinitely, for someone who’s off sick more than they’re at work. Especially if there’s no indication when, or even if, this situation will ever change. At some point, they’ll have the right to draw a line under it.
Tina
Wendals is 100% right in my view. This is exactly why you have a Union; to fight your corner.
Any further problems contact the EHRC http://www.equalityhumanrights.com/ or ACAS http://www.acas.org.uk/index.aspx?articleid=1461
George