Understanding Health Conditions Under the Equality Act: Your Rights and Protections
Introduction:
Discrimination takes many forms – it can be overt or secretive, conscious or unconscious, and it typically affects people who are considered different. However, laws exist that protect people from discrimination, and one such act is the Equality Act of 2010. In this article, we will explore how the Equality Act protects people with health conditions in the workplace, and what you can do if you’re facing unfair treatment.
What is the Equality Act, and How Does it Protect You?
The Equality Act of 2010 is a UK law that “provides a legal framework to protect the rights of individuals and advance equality of opportunity for all”. It basically makes it illegal for anyone to treat you unfairly based on any of the nine “protected characteristics”: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation.
In terms of health conditions, the Equality Act protects you in several ways. The Act defines “disability” as physical or mental impairment that has “a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities”. This definition includes conditions such as cancer, HIV, and diabetes, as well as mental health conditions like depression and anxiety disorder.
If you have a health condition that meets this definition, you are protected under the Act. This means your employer cannot discriminate against you in any aspect of employment – from the application stage to the end of your employment – nor can they harass or victimize you because of your condition. Additionally, your employer has a duty to make reasonable adjustments to accommodate your condition, such as providing you with any necessary equipment, modifying your working hours, or even adjusting your duties.
What to Do if You’re Being Discriminated Against for Your Health Condition
If you’re experiencing discrimination because of your health condition, there are several steps you can take:
1. Talk to someone – this could be your manager, HR department, or a union representative. Explain the situation and see if you can come to a resolution.
2. Raise a grievance – if you cannot resolve the issue informally, you should raise a formal grievance with your employer. This starts a formal procedure that your employer must follow to try and resolve the issue.
3. Seek legal advice – if you feel your employer is not taking your grievance seriously, you can seek legal advice from a solicitor or a charity, such as Citizens Advice.
4. Make a claim to an employment tribunal – as a last resort, you can make a claim to an employment tribunal. This is a legal process where an independent tribunal hears your case and decides whether you’ve been discriminated against.
Examples of Discrimination and Reasonable Adjustments
To help illustrate the practical applications of the Equality Act, let’s consider a few examples:
1. A worker with a bad back may need a more comfortable chair to be able to perform their duties in comfort. This is a reasonable adjustment that the employer should make.
2. A diabetic employee may need to take regular breaks to test their blood sugar levels and take insulin. This may mean adjusting their working hours or schedule, which is also a reasonable adjustment.
3. If someone has depression or anxiety disorder, they may be more affected by stressors at work. In this case, it may be necessary for the employer to modify the employee’s duties or reduce their workload.
Conclusion
If you have a health condition, you have legal protections and rights under the Equality Act of 2010. Remember, your employer cannot discriminate against you because of your condition, and they have a duty to make reasonable adjustments to enable you to work comfortably. Finally, if you’re experiencing discrimination, harassment, or victimization, it’s important to take action and seek help. By knowing your rights and what you can do to protect them, you can feel empowered and less stressed in the workplace.
