to ask is being fitted with a pacemaker considered disability regarding employment?

[Yoloyohol]

Is there protection if a pacemaker's suddenly needed and might require some adjustment of role under disability rights, or do people with pacemakers fall between the gaps?

Long term employee, no prior time off for illness etc, work unaware of issues, overnight situation.

(Post Covid, as with many, large employer is already seeking voluntary redundancies and voluntary part time etc.)

I'm not too clued up but I would declare it, just so they was aware in the event you needed hospital appointments etc as a result. Plus with pacemakers indicating cardiac issues, it's better more people know, in the event of an emergency things like this are crucial to be passed on

It's certainly something to be disclosed.

www.gov.uk/definition-of-disability-under-equality-act-2010

It would only be considered a disability if it has an impact on your day to day life ...and your ability to do what most would do routinely.

Slightly different, as it’s a child, but my DD has a pacemaker. We declare it to childcare but not as a disability. More as a medical condition That needs consideration in an emergency. It doesn’t affect her day to day life.

Sorry if not clear, not a question of not disclosing. Will have to.
Thing about them not knowing is that it's going to be a real shock to employer as was working normally a few hours beforehand.

Afraid of loosing job if unable to do a small part of it because of magnetic field from some equipment and pacemaker, and wondering if it's considered a disability and thus protection is offered going down that route.

It's hard to see why it would affect the role unless you were perhaps a radiographer.
It wouldn't hurt to disclose it in case time off was required for medical appointments.

It's the pacemaker that would force changes to the role, not the heart failure IYSWIM.

Fyzz some equipment in the work environment has large transformers

Would not be able to be in those spaces when equipment running, but only affects a small part of the role.

Interesting one. The "adverse impact" is assessed as though you were not taking any medication. For example, if you had diabetes which was well managed by insulin such that it had no noticeable adverse effect on your ability to carry out day to day activities you'd still be disabled as you have to imagine life without insulin (pretty problematic!).

However, if you get the condition fixed you're no longer disabled. A working pacemaker is probably an example of this. A broken pacemaker is obviously a problem but if it's anticipated that it can be fixed by an operation you're probably still not technically disabled.

Pacemaker itself is not a disability. However, you should speak to your GP whether it would be considered that in a combination with other factors?

Working with transformers is not a day to day activity so wouldn't, in my view, qualify as part of the adverse effect part of the test.

your health condition means that you can't be too near strong magnets and some physical activities may be beyond you.

you have protection in that your employer is required to make "reasonable" adjustments to enable you to continue doing your job if there is a way for you to achieve the tasks of your job without being required to do something you can't do. however that doesn't mean they are obliged to keep employing you if your health condition means you cannot do your job. e.g. if a bus driver develops a serious eye condition that means they can't drive any more, they can certainly lose their job.

It's the pacemaker that would force changes to the role, not the heart failure IYSWIM

Right, but the pacemaker is necessary because of a disability.

That's like saying 'well, the wheelchair itself isn't the disability, it's a disability aid, so we don't need to worry about a ramp'.

Oooo. That’s tricky. The pacemaker affects the ability to do that particular role. I would contact someone in a union and acas.
I would guess that it’s not a disability as the pacemaker enhances, not detracts from your everyday actions. But would have thought that as a valued employee, your employer would make reasonable adjustment to the role if possible. Other wise could it be construed as constructive dismissal?
But I would guess that would come under ‘needs of the business’.
I really think you need to seek professional advice. Acas and a union as a first step.

@LonginesPrime

That’s a VERY good analogy. (I hadn’t thought of it that way)

Thank you all. Professional advice will definitely be sought, but have to make some decisions before 8.00am Tuesday, and everything's happened horribly fast, and trying to work my way through google, order thoughts and make some emergency decisions in the midst of it, hence asking here in hope I'd missed an obvious answer.

Definitely a situation were if everything went well, initially at least, reasonable adjustments would allow most of the role to still be fulfilled, but sadly not all of it.

Yes, you are protected at work under the Disabililty Discrimination Act. As Thunderbolted said: The "adverse impact" is assessed as though you were not taking any medication or, in your case, if you didn't have the pacemaker fitted. Your employer has to make reasonable adjustments.

The definition may be different in other scenarios e.g. eligibility for disability benefits.

I'm really sorry if I've given the impression it's me in sudden hear failure, it isn't. (though mine's breaking quietly over it) Their finances are entangled with mine and there's decisions I have to make tomorrow affecting us all, with Covid having already laid the rest of us financially threadbare.

I've been self employed most of my life so lots I had vague ideas over but didn't really know, and some of the information's rescued me from google rabbit holes, and I'm a lot more confident of which way to handle things. Thank you.

There's a lot of shit advice on this thread! Some people are referring to legislation over a decade out of date. If it's really important I'd recommend proper legal advice.