Lawson West’s expert employment solicitors and lawyers have significant experience of dealing with employees who face discrimination based on suffering from migraine.
One in seven people suffer from migraine, with attacks ranging from once or twice a year to several times a week. A CBI survey found that migraine/chronic headache was the second most frequently identified cause of long term absence at 47% of employees with non-manual jobs.
However, the condition is often trivialised and instances of discrimination against migraine sufferers at work are still relatively frequent.
In such cases, the protection of the Equality Act applies and means that employers must not discriminate against a migraine sufferer due to their condition, furthermore, the employer is obliged to make reasonable adjustments to help you continue in your employment.
It is important that you advise your employer as soon as possible that you suffer with migraines and the effects these have on you and your abilities. Your employer can get advice and support about making adjustments to the workplace from the government’s Access to Work scheme. Good practice would be to consult thoroughly with you to fully understand what your condition involves and what they can do to help.
More information on migraine is available from Migraine Action, the national advisory and support charity for people affected by migraine.
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’re an employee facing discrimination at work due to suffering from migraines, 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.
In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
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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