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Lawson West’s expert disability discrimination solicitors and lawyers have significant experience representing clients who have been badly treated at work because they suffer from irritable bowel syndrome.
If you are an employee suffering from an inflammatory bowel disease i.e. Crohn’s disease or colitis, 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 IBS 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.
Your employer may be entitled to financial assistance to help fund any adjustments needed through Access to Work via the Jobcentre Plus.
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 IBS, 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.
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.
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