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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think that in this current economic climate the new Equalities Act does not really help disabled employees as much as it claims to?

2 replies

UselessEmployee · 12/10/2010 11:34

I have a recently-acquired disability. Work know some, but not all of the details, but are aware that I have taken a lot of time off, and have been starting to insinuate and suggest that I'm not capable of doing the job. Under current legislation, they can do this because they don't know the details of my disability and my attendance record is shite. And as soon as cuts are made, I'll be legitimately front of the queue for losing my job.

From what I can gather from the new Equalities Act, if I explain to them the details of my disability, any such aspersions will be disability-related harrassment and thus illegal.

However, if I were to explain to them the details of my disability, I would need to disclose that I will probably forevermore be needing unfeasible amounts of time off. And I know that as soon as they hear that, the funding for my post will disappear. And given all of the funding cuts and job cuts across ever sector, there will be no way at all that I'd ever be able to provide it was because of my disclosure of disability.

So I don't want to disclose anything, because I know that to do so would lead to discrimination. But if I don't disclose, then the law can't protect me.

So AIBU in thinking that I'm damned if I do and damned if I don't?

Or at least, AIBU to consider my options in self-employment instead?

OP posts:
Miggsie · 12/10/2010 11:44

It is difficult, I am disabled and very up front about it, aminly because I limp and can't sit down for long periods so it gets very obvious in meetings.

I am also on the disability forum at work: I am lucky to be employed in a company that has one! There are quite a few people who don't want to be classed as "disabled" particularly those with dyslexyia. they find it embarassing.

I am trying to improve the response people get when they say they are disabled, by providing technology to enable them to do their job for instance, and I get time off for physiotherapy for instance.

However, some employers see disability as a burden and want to get rid of people or just not bother.

This is sad, and the reality is, with the equality act covering dyslexia, dysphraxia, diabetic vision loss, AHAD, etc etc the truth is a lot of employees will fall into the "disabled" category before they retire (we anticipate a huge rise the number of diabetes related vision impairment in the 40+ group for instance).

I know people who, if challennged on their performance will then say "I am dyslexic" at this point hte employer IS meant to provide the tools to help overcome these diabilities BUT the response does vary so much that some unscrupulous employers will try to get rid of you, my first manager was a git and only by getting hte company disability group involved did I avoid losing my job.

Legally, you don't have to disclose, unless they cahallenge your performance and it is directly related to the condition, you can then disclose and they SHOULD help you. If you can join a union, do.

Based on my own experience I would say stay and try to make things better for all disabled employees

UselessEmployee · 12/10/2010 11:59

They should help me, but they can't. Really, the only thing that would make my job easier would be to be allowed to go part-time. But I know that they'll put up a good case for why this would be impossible for the organisation. And I suspect they'd use my request as further evidence of my uselessness, too.

OP posts:
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