Cystic Fibrosis causes an individual’s mucus to become thick and sticky which blocks the arteries of the organs. In the lungs, the sticky secretions are difficult to cough up and viruses, bacteria and fungus can become trapped under the mucus. This can cause inflammation and infection, making it harder to breathe, and it often causes a chronic cough and repeated chest infections.
In the digestive system, thick secretions can block the flow of digestive enzymes from the pancreas to of the intestine, where they’re needed to help break down food. Without these enzymes, fats and vitamins can’t be absorbed and people with Cystic Fibrosis can find it hard to put on weight. Cystic Fibrosis can also affect other parts of the body such as ears, nose, sinuses, liver, bones and joints and can cause CF-related diabetes.
There’s no cure for Cystic Fibrosis, therefore treating the symptoms of CF focuses on maintaining their health with daily chest physiotherapy, nebulisers and exercise. This is to keep their lungs free from mucus and infections. Medications have to be taken daily and most people with Cystic Fibrosis need to take pancreatic enzymes when they eat to help their bodies absorb nutrients from their food.
Often a person with Cystic Fibrosis has to eat foods that are high in fat and salt to help maintain a healthy weight and stay hydrated. People with CF spend between 1–2 hours every day doing treatments and if they become unwell they may need extra medications or other treatments. Treatment with antibiotics, either oral or intravenous, is common for people with CF as they have a greater risk of developing serious complications from bugs that are generally harmless to people without Cystic Fibrosis.
If you are an employee suffering from Cystic Fibrosis, you may feel some anxiety about whether your employer will treat you differently for matters associated with your ill health – such as time off. The law offers some protection, but the level will depend on whether you qualify as disabled as described within the Equality Act 2010.
Not everyone with Cystic Fibrosis may consider themselves to have a disability, but in practice, you may well qualify for protection against discrimination.
If you are considered to have a disability because of your condition, you have the right to request a ‘reasonable adjustment’.
Thereafter your employer must take reasonable steps to implement the adjustments to your workplace or work arrangements required to ensure you are not at a ‘substantial disadvantage’ compared to other employees. It may be of benefit to seek the support of an Occupational Therapist who could provide you with examples of some adjustments that can be made to your role.
Cystic Fibrosis is also associated with higher levels of exacerbated mental health, anxiety and depression, often due to the nature of symptoms. Therefore an employee disclosing their condition can help to develop a positive employment relationship and open communication. It may be a relief for an employee to talk to their employer about their Cystic Fibrosis because it can be a strain for them to hide their symptoms.
If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required following your request your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.
There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.
If you’re an employee receiving unfair treatment at work due to Cystic Fibrosis, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
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