Lifestyle Workplace know your rights Are you having trouble with your manager, or finding it hard to adapt as your condition makes things more difficult? Here we look at your rights at work when you have arthritis WORDS: phil lattimore W orkplaces can sometimes be challenging for people with arthritis. Your manager or colleagues may not understand your condition or fully appreciate the difficulties it can cause. Perhaps adapting your working environment is becoming tougher as your condition develops. Maybe you want to keep quiet about your condition to avoid any potential stigma or negative impact on your career prospects. Also, you might not want to be treated differently to your colleagues. whats a slipped disc? ive remained loyal Work worries Arthritis affects around 10 million people in the UK, but only an estimated 60 per cent of people with musculoskeletal conditions which includes arthritis are in employment. And, for many of those in work, not talking about their condition appears to be the norm. According to a survey conducted in December 2016 by Arthritis Research UK, 39 per cent of those with arthritis didnt feel confident discussing their health with their employer, while a third (33 per cent) felt that colleagues wouldnt understand the impact of their condition. Around 17 per cent had lied about why they had taken sick leave. Support for getting into workand remaining in employment is clearly a major issue for a large number of people. Indeed, 20 per cent of survey respondents worried they wouldnt be fit enough to continue working in the next year. While many may feel they have no choice but to suffer in silence, that shouldnt be the case. Anyone with a health condition including arthritis has defined employment rights set out in law to ensure they are treated fairly by an employer. Rights and the Equality Act The Equality Act 2010 (known as the Disability Discrimination Act in Northern Ireland) which strengthened the laws against discrimination in many areas, including the workplace defines these rights. The Act legally protects people from discrimination in the workplace and in wider society in situations such as the following, where: n A person with a disability is treated less favourably than someone without one n There is a failure to make reasonable adjustments for a person with a disability n A disabled person is victimised or harassed by colleagues or an employer Arthritis isnt one of the conditions automatically considered a disability under the Act, but is one of a number of conditions that are covered under the legal definition, if the condition has had or is expected to have a substantial and long-term effect on your normal daily activities for at least 12 months. Assessment of conditions impact is made before any medication or treatment is taken into consideration. These day-to-day activities could include: walking or driving; using public transport; writing or typing; carrying things; washing or getting dressed; and cooking or eating. Working impact So what rights do you have at work that can make a practical difference? Essentially, the Equality Act makes it unlawful to treat anyone with arthritis or a related condition less favourably than anyone who doesnt have that condition in a number of important areas. These include: n Application forms n Interview arrangements n Aptitude or proficiency tests n Job offers n Terms of employment, including pay n Position, transfer and training opportunities n Dismissal or redundancy n Discipline and grievances As well as covering direct discrimination such us unequal pay or terms and conditions; being laid off when non-disabled people with similar abilities are kept on; and equal promotion opportunities the legislation also tackles indirect discrimination. This is when an organisation has a particular policy or way of working that has a worse impact on people with disabilities, compared with those without. Under the Act, employers and organisations have a responsibility to make sure that those with a disability can access jobs, education and services as easily as those without a disability. An employer must make reasonable adjustments for you if required to do your job. These could include: n Changing or modifying your working arrangements such as the tasks you have to do as part of your job n Altering your work patterns or allowing flexibility in working hours for instance, to avoid travelling at rush hour or to enable working from home n Providing special equipment to make it easier for you such as a suitable chair, workstation or back/foot support n Allowing time off to attend medical appointments n Helping with travel to and from work What is reasonable under the legislation depends on a number of factors, including the resources available to the organisation making the adjustment. If you have arthritis or a related condition, then you might be entitled to an Access to Work grant under a government scheme that can help pay for practical support (see gov.uk/access-to-work). Addressing the issue Of course, while the law prohibits discrimination in the workplace, being aware of your rights isnt necessarily of use if you are unable to assert them and, for some, this can be problematic. As the Arthritis Research UK study indicates, many people with arthritis may not feel comfortable talking about their condition with employers or, indeed, colleagues. So what do you do if you want to ensure support in the workplace? Under the Equality Act, an employer must not ask questions about health or disability including asking about your sickness record as part of the recruitment process. An exception to this is if they need to know whether or not you can carry out a vital function of the job with reasonable adjustments in place. You may also have a duty to disclose a health condition if it could cause a health and safety issue for other colleagues. Nonetheless, while you may feel reluctant to talk about your condition for a number of reasons, you can only be guaranteed protection by equal opportunities policies and the Equality Act if your employer is aware of your disability or condition. In the long run, making your employer fully aware could result in a more supportive workplace, and make it easier for you to work there and adapt it as your condition changes. Share your concerns However, if you have discussed your condition with your employer, but youre concerned about the way you are being treated, it is important to keep a record of particular incidents and correspondence. If you need employment advice, speak to a Disability Employment Advisor at your local JobCentre Plus. You could also contact the Equality Advisory and Support (EASS), or your local Citizens Adviceoffice. If you are in Northern Ireland, you can contact the Equality Commission. While the law prohibits discrimination in the workplace, being aware of your rights isnt necessarily of use if you are unable to assert them I've remained loyal Rina Pattani is a global account manager for multibusiness process services company, Conduent I was in my early 40s when I was diagnosed with rheumatoid arthritis, and I couldnt do much I could hardly walk and I was on crutches. I felt it would really impact the business, so I thought I wouldnt be able to continue in my role. At that time, I didnt know my rights, and I didnt really know much about my condition. My boss recognised that in our digital environment, staff dont need to be physically present, so most of the time I work from home. If I need to have an urgent face-to-face meeting with one of my colleagues, I can use Skype. It avoids getting knocked about on the commute into London and means I can avoid catching colds (which can be dangerous for someone with an autoimmune condition). It also gives me the flexibility to go to hospital appointments. At times, when I have been feeling unwell, I just inform my manager. And, in return, as an employee Ive remained loyal Ive been at the company for 11 years and my productivity has been consistently good. For some people, work is part of the treatment because its helped me retain my self-confidence and have a sense of purpose. There is a lot of misunderstanding about arthritis. Fortunately, my employer recognises that the health and wellbeing of all employees has a long-term positive impact on the firms productivity.
