You can be assured Lawson West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice. Lawson West’s expert employment solicitors and lawyers have experience of representing clients who have been discriminated against because of Endometriosis.
Endometriosis is a condition which women who are of child bearing age. Endometriosis occurs when the lining of the uterus is found in other parts of the body, most commonly the uterus, fallopian tubes, bowel and bladder.
Endometriosis is a complex, reoccurring and extremely debilitating condition causing chronic pain to those who suffer. The condition can mean that sufferers can be prevented from engaging in every day activities. There is currently no cure for the condition. Medical professionals are uncertain as to how an individual develops such a condition and are uncertain of the full symptoms and side effects as many women have noted many reoccurring side effects that cannot as yet be fully connected to Endometriosis.
Many people are able to work despite their condition and have successful and rewarding careers. The extent of the condition can determine whether or not it is formally a disability. The Equality Act 2010 defines disability as “a physical or mental impairment which has an effect on a person’s ability to carry out normal day-to-day activities.” This could include ‘hidden’ impairments or disabilities and the effect must be “substantial, adverse and long-term.” It is arguable that Endometriosis could constitute a disability.
Legally, employees with disabilities should not be treated less favourably than non disabled persons. This may mean giving allowances for time off, providing light duties during episodes of pain and adjustments to their workload. If a person is treated less favourably and/or an employer fails to put into place ‘reasonable adjustments’ individuals may be able to present claims of discrimination.
To assist the employer in understanding your condition and the additional support they could provide, it is important that an assessment is undertaken to provide feedback, assistance and recommendations for adjustments. If this is to take place, you therefore need to ensure that your employer has sufficient knowledge of the condition so that they can offer support or undertake any necessary Occupational Health assessments.
Any recommendations provided should be implemented as quickly as possible, where reasonable to avoid any further detriment.
Discrimination against people who have a disability, of which it is argued Endometriosis could be defined as, is unlawful. If your employer refuses to assist you in the workplace or make reasonable adjustments then you may be being discriminated against. Alternatively, your employer may put in place a way of working which unreasonably prevents you from working because of your disability. This can also be a form of discrimination. In other circumstances, an Employer may directly discriminate against you by deliberately preventing you from being able to work because of your disability.
If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, 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 want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
Great client service is at the centre of our thinking, it’s embodied into how we train and develop our staff, how we help our clients and how we advise and assist people and business owners with their legal needs.
Our Core Values are Welcoming, Confident, Supportive, Knowledgeable and Dependable and we aim for clients to have a positive experience with Lawson West Solicitors.
Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
Approaching your employer when you have been suffering with endometriosis is a daunting prospect. Apart from coping with the pain itself, getting across what you are actually suffering from can be difficult, if not impossible.
Starting at the beginning is the best option so you understand the condition and can then help your employer to understand too.
