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Posted , 5 users are following.

louise_48509
louise_48509

I work full time but I'm off sick at the moment due to my knee locking. Osteoarthritis for the last 4 years. I've been referred for a knee replacement. My question is, is arthritis covered by the equality act? I really don't feel able to go back to work yet, I work in a massive diy store and I'm on my feet for 9 hours a day, concrete floors with heavy steel toecap boots

1 like, 8 replies

8 Replies

  • amkoffee
    amkoffee louise_48509

    Posted

    After looking up the equality act I realize that it is something in the UK. And of course I haven't heard of it before because I'm in the US. But I've looked it up and now I kind of have an idea what it is. So I learned something new today.

  • loxie
    loxie louise_48509

    Posted

    My partner has severe knee issues too and has to take time off sick as his job requires him to be on his feet all day. He works with mental health prisoners so has to be able to run after them if necessary too.  There are days at a time when he just cant manage the long 13 hr shifts and physical requirements so has to stay off sick  and he doesnt receive any sick pay.  His company have been murmuring about him possibly being told he can no longer do the work so he may lose his job.  There would be nothing he could do about it - equality act doesnt come into play - he cannot fulfill his contract of employment so they would be within their rights to dismiss him on the grounds of ill health. 
    • louise_48509
      louise_48509 loxie

      Posted

      Thanks for your reply. My fiance seems to think I would be covered but reading this I now know. I'll just have to hobble about as best I can then because I need my wage. Thanks again

    • loxie
      loxie louise_48509

      Posted

      If you have an occupational health officer at work, try speaking to them to see if there is any way they can accommodate you not being on your feet all day - eg work that can be done sitting down for example.  My local B&Q has employees in wheelchairs, so it might just be possible to work around your needs.  I believe they have to try or alternatively prove a case that it won't be possible.  unfortunately for my partner, his job requires physical fitness as part of the terms, so he's stuck with it.

  • wknight
    wknight louise_48509

    Posted

    When you are signed off sick for medical reasons occupational health have to ddxebelop a return to work plan, often with staged return.

    i would go speak with OH now and they can advise what the plan will be and leave you without worrying about everything 

     

  • jeanp
    jeanp louise_48509

    Posted

    Arthritis Care UK has a lot of useful info about employment with OA, also a helpline and they would be able to give you more information. There is a forum too to exchange ideas and experiences with others in the same position. arthritiscare.org.uk

    If you are a member or a union, they can support you in this. If not - totally worth the few quid a month it will cost you. Otherwise, always worth asking HR for oocupational health advice, arthritis should be covered by the Equality Act (look up gov Equality Act 2010 Guidance.

    The website includes this advice under defining disability section D22 Indirect Effects:

    "A man with osteoarthritis experiences significant pain in his hands undertaking tasks such as using a keyboard at home or work, peeling vegetables, opening jars and writing.

    The impairment substantially adversely affects the man’s ability to carry out normal day-to-day activities."

    Good luck with getting some help with this, it is not acceptable to have to carry on working in chronic pain.

    • louise_48509
      louise_48509 jeanp

      Posted

      I had a telephone interview with occupational health a few days ago and he sent a report to my work saying in his opinion I would be covered by the equality act. My manager then gave the report to E,R who disagreed and said no I wasn't. I've got the knee specialist tomorrow at the hospital and I'll ask his advice. I'm thinking of appealing the decision.

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