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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48194
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Good morning , 5 years ago i went into total renal failure,

Resolved Question:

Good morning , 5 years ago i went into total renal failure, and ended up on hemo dialysis for 3 years before , luckily i received a transplant. What i need to know , as a transplant patient , am i covered by disability laws or am i now classed as able bodied .
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have issues at work in relation to this?

Customer:

things arent going quite well in work , with my imuno supresswion medication causing me to have some sick leave

Ben Jones :

ok let me get my response ready please

Ben Jones :

In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Whilst cancer and MS are the only conditions that automatically qualify as a disability, for anything else, in order to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.


 


The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.


 


I will break this definition down:



  • Physical or mental impairment – this can include nearly any medical condition;

  • Substantial effect – the effect must be more than minor or trivial;

  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;

  • Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. walking, driving, speaking, eating, washing, etc.)


 


If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.


 


What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:



  • making adjustments to work premises;

  • allocating some of the employee’s duties to others;

  • transferring the employee to fill an existing suitable vacancy;

  • altering the employee’s hours of work;

  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;

  • acquiring or modifying specialist equipment;

  • providing supervision or other support.


 


If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).


 

Customer:

the break down definition is extremely helpful, and i want to thank you for time ,

Customer:

what do i do now , rate you and then log off

Ben Jones :

yes please if that is all you need in relaiton to this

Customer:

it is , thank you

Ben Jones :

great many thanks and all the best

Customer:

do you need to click something because it wont let me rate you

Ben Jones :

it's a bug we get sometimes, it should enable itself shortly, if not we can process it manually later, thanks

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