DH's employer has labelled him disabled

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Maybe he is, but he doesn't see himself that way and no doctor has said such to him.

He's been off work for a few weeks with a degenerative back problem. Doctors are hoping to get medication right to manage the pain, but in the meantime he's having great difficulty walking or sitting for any length of time. He can, however, cycle and has been doing so frequently, as consultant has said keep mobile.

So concerns are:

• what are the pros/cons of having this label? (it came after a meeting with OH)
• is the fact that he's regularly out for long bike rides, whilst off sick with a bad back likely to cause issues at work?

Is it simply that work have identified that he is due some protection under the Disability Act? That's a good thing?

“ is the fact that he's regularly out for long bike rides, whilst off sick with a bad back likely to cause issues at work?”

Possibly. I doubt I’d be happy about one of my employees doing that. Sorry.

Oh I’d say it was a VERY good thing that they’re aware of his “disability” and they can cater for his requirements to help him.

Is there something wrong with being disabled that means you and he object to this descriptor and wish to avoid its use?

It's the Equality Act now. If it was in an OH report then it sounds like they were reporting on whether his condition meets the definition of a disability under the EA, which means the employer needs to consider things like reasonable adjustments.

They haven’t “labelled” it very well, but sounds like they recognise that he has a problem that is likely to have a significant impact on him and last for more than 12 months, which would likely bring him under the protection of the Equality Act. They have a duty to consider reasonable adjustments to his role/place of work if this would help.
Re the cycling, they may ask for a report from his consultant regarding the nature of his problem, and what adjustments may help - of the consultant is supportive of the cycling, ie, then they could include this in the report as this is something that DH is doing to help manage his condition?

Equality Act, sorry, I knew that didn't sound right!

If anything I would have thought it would offer some protection, particularly given he may be able to be out and active but still unable to work.

Being off with a long term condition isn't like having a heavy cold or other 'bug', where you might reasonably expect that the employee who's off sick isn't spotted 'out and about'. As someone who has to manage chronic conditions, that perception is very old fashioned and can be quite damaging.

Keeping up activity that assists with recovery & helps build up fitness can be a really important part of managing a chronic condition or building up to a return after being off long term. Obviously don't take the piss, but whether riding a bike for a couple of hours translates to 'fit for work' very much depends on the individual condition, recovery needed and job he's signed off from. I would however make sure that any recommendations from the consultant are documented just in case he is challenged.

I have axial spondylytis, basically inflammatory arthritis of the spine. For fun my peripheral joints are also affected. Thing is exercise is one of the best form of treatment so no matter how bad I am I have to force myself to take the drugs and swim / walk / other gentle exercise. If I don't I'll be even worse. I do worry when I'm off work that I'll be "seen" but doctors would enthusiastically back me up. Some days I literally get into the pool and hobble up and down and that's it, somedays I can swim. It's not the same as a full work day at a desk, mentally keeping up with workload dealing with members of the public / clients patiently and to best of ability etc.

Being recognised under the equality act should help to put things like reasonable adjustments in place e.g. Ergonomic chair, sit stand desk etc etc. Don't underestimate how much these things can help along with regular breaks.

Get him to have a look at access to work. It's a great government scheme almost keep secret!

@Covidisdrivingmecrazy have you used the access to work scheme recently? I made an application and wondered how long it would be before I hear anything from them.

Yes OH are asked to identify if he meets the definition as per equality act and entitled to additional considerations/protection.

Overall, it's in his favour that he meets the definition.

@FelicityPike

“ is the fact that he's regularly out for long bike rides, whilst off sick with a bad back likely to cause issues at work?”

Possibly. I doubt I’d be happy about one of my employees doing that. Sorry.

Don't be 'sorry'. Be educated instead.

Work wise something to try is a standing desk and have reminders set to take regular breaks and do which ever exercises help.

Longer term he may have to accept working reduced hours in order to manage his pain and accommodate the amount of exercise he needs to do.

@AlmostSummer21 Fair point. Seriously.
I wish we could edit & remove our posts.

You don’t need a doctor to tell you you’re disabled. Disabled literally means not working properly. Some people self identify as disabled, some people who others would class as disabled would refute the fact that they are.

I’m disabled, sometimes so disabled that I can’t walk. I’ve never had a doctor say the words ‘you’re disabled’ to me. I’d say the fact that his work has identified it is a good thing. Some employers point blank refuse to admit they know an employee is disabled.

I’d say whatever activities he does outside of work will be fine as long as they don’t contradict the reason he’s off sick. If the work place is not safe for him with his back problem and biking is then he should be fine but I imagine it depends on the nature of his work and the reason he’s off sick. If he’s off due to pain but going out on bike rides I could see an employee questioning that yes.

Sorry should have said- it doesn’t mean he will be in trouble though but I guess he could be questioned. There’s been stuff work has questioned me on when I’ve been off sick but once I’ve had a chat and shown supporting medical evidence they’ve been fine.

@FelicityPike

“ is the fact that he's regularly out for long bike rides, whilst off sick with a bad back likely to cause issues at work?”

Possibly. I doubt I’d be happy about one of my employees doing that. Sorry.

So should people off work due to chronic pain be sitting, hunched over in their homes, shuffling around moaning, or have carers looking after them before you would accept they are, in fact, in chronic pain?

I got hit by a car when I was 15 (it mounted the pavement and knocked me up against and then over a garden wall). My shoulder never fully healed. I can do everything anyone else can do, but it is getting more painful as I get older and sometimes the pain is too much and I need to take time away from my work so I can exercise my arm. I'm a jeweller in my day job, so I'm hunched over a bench working all day. Sometimes, I physically cannot sit like that so I take a day and spend it walking, and exercising my arm. If you saw me, I'm guessing you'd be gunning for my job because I couldn't possibly be really sick?

Felicity is likely to find herself in trouble at work if she carries out out discrimination against a disabled person for carrying out treatment recommended by their doctor.

I have a condition that may require me to have twice yearly operations, I take immunosuppressants and I can be in immense pain sometimes.

I'm not disabled, but I am classed as disabled for work purposes so that I am covered under the equality act. This means that I can take time off if it relates to my condition and won't affect my sickness record.

I would however think work would question his ability to go for bike rides when he is off. Does the doctor mean walking around more and not sitting for long periods of time, rather than lengthy bike rides?

@AdditionalCharacter

Why would you question a bike ride if you wouldn't question long walks?

It entirely depend on his condition and which areas are most affected. Walking and biking required different postures, different muscles are stressed. One may be good for his pain, one may be terrible but both are totally valid forms of exercise for chronic pain sufferers. You shouldnt question one if you wouldn't question the other. And I'm guessing you're not medically trained or an expert in his condition so you really shouldnt question any of it.

I was just thinking that riding on a bike for a long period would put pressure on your back. Been a long time since I've rode a bike though.

Just reread my first post, and Ali meant I would worry, not I would think.

*I meant

He can ride a bike all day but he couldn't go on a long walk. He shuffles a few steps at a time walking.

In what context have they labelled him?

I have a degenerative spinal condition (degenerative disc disease, spinal cysts, osteoarthritis & a deformity, all diagnosed years ago when I was a flighty young lass). Sometimes I can’t feel my legs due to swelling, pain is 24/7, it’s an all round shitshow if I’m honest.

Exercise is my friend. Even if it’s being on crutches to shamble around, it’s encouraged. Not sure why anyone would equate disability with an employer not being happy your disabled employee is active & exercising within their own limits, if I’m honest.

Being diagnosed with something that is a ‘disability’ is a good thing. Greater support at work (when I travelled to my last client I could lay on the floor during client meetings, everyone was cool).

Degenerative conditions like mine will only get worse - it’s about coming to terms with the pain, doing your best & keeping going as best you can. If there’s a day the pain is so acute you really can’t function, your employer is able to put in place plans of action to help you out. The Disability Act isn’t infallible, but it can help your employer & yourself find a path to keep you performing your job (or divert to another task) so you’ll still be an asset to them.

Being labelled as disabled is nothing to fear.

Get as much help as you need (especially psychological treatment if needed; it’s a real body blow to come to terms with something that isn’t fatal but will keep degenerating). Take pain management if it’s available too.

And keep active!

Re access to work it was a couple of years ago now but the initial phase was about six weeks from first phone call to assessment. I remember being a bit frustrated as they print and post everything (I work on local government even we've been paperless four years!). After the assessment my employers had to order the equipment and reclaim the money in a specific timescale. I remember my line manager being a bit frustrated with the paperwork. We've had some difficulties getting dragon speech to text to work on our servers and might bee going back to access to work to see if we can get specialist help with that covered.