What is counted under the DDA for employment purposes?

[rhapsodyinblue]

A close relative is a nurse.

She almost died from meningitis when she was a child, thankfully survived, but was left with curvature of the spine.

She started work as a nurse, working with seriously disturbed and potentially violent patients in an NHS facility.

Last year she had surgery to insert steel rods into her back and has been recuperating and is almost ready to return to work.

She's due to have a medical, but doesn't think she will be fit enough to return to exactly the same job because it is so physical and she's not as fit as she was before.

But she is concerned that her condition won't count under the disability discrimination act and therefore the NHS will not be obliged to make a proper effort to redeploy her to something else.

Added to that, her partner who is also a nurse, has been told he earns 13p too much for her to qualify for any benefits - she's quite down in the dumps.

Does anyone have any advice please? I know the DDA covers a wide range of conditions now, e.g. cancer - do you think her situation would also be covered by it?

She is in a union - we have advised her to talk to the union rep.

Many tia - she's a lovely young woman who has had a tough life.

You can look this up on the Directgov website.

I cant seem to cut and paste the link.

Disability Living Allowance is not affected by income so its possible that your relative could claim this (and work at the same time).

If she is unable to work due to her disability she could claim incapacity benefit (as well as DLA) as this is not affected by her partner's income (if I remember rightly - but you should check. I was on it and my OH was working).

She should also be able to claim contribution based JSA regardless of partner's income (although this only lasts 6 mths).

Her employers would be hard pushed to deny her the 'reasonable adjustments' needed to keep her in employment. Although she may have to retrain or take on a more clerical role.

Its not hopeless. I wish her luck.

She could also contact DIAL for advice.

Thanks - so do you (and others) think her condition would be covered under the DDA?

Her fear is that it won't be counted as a disability, although I think the employer would be hard-pressed to argue that.

She wants to return to employment but will need adjustments, at least in the short term.

I work in HR so have lots of experience of working with staff who have medical problems. This is the info provided by the government which your relative's employer will use to determine whether she is DDA covered, they will probably ask for consent to contact her GP/ specialist or ask her to see an occupational health advisor:

The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

For the purposes of the Act:

Substantial means neither minor nor trivial

Long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)

Normal day-to-day activities include everyday things like eating, washing, walking and going shopping

A normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory

Some conditions, such as a tendency to set fires and hay fever, are specifically excluded.

People who have had a disability in the past that meets this definition are also covered by the scope of the Act. There are additional provisions relating to people with progressive conditions.

Its very hard to say without knowing your relative.

But if her day to day life is affected by her condition then surely it would count as a disability?

I know quite a few woman who have had spinal fusions who qualify for DLA therefore are counted as having a disability/disabiling condition.

It can be a struggle to get employers to recognise the issue but the NHS has established policies which is going to be an advantage.

Thanks both - much appreciated - I'll pass all of this on to her.

I hope her union will be able to support her effectively - and you'd think an employer like the NHS would do all it could to help reintroduce her to work - but she is very anxious.

Could your relative ask to move into a 'safer' working environment ie outpatients?

Hi agedknees - yes, I think that's what she will do - she's concerned that they won't think they're obliged to make reasonable adjustments if it doesn't come under the DDA.

Just spoken to her mum - she's been turned down for DLA but is appealing.

There's a waiting list for the occupational health assesment of at least six weeks - so her main concern at the moment is having enough money to live on.

A huge amount of people get turned down for DLA on first application. Many are approved at appeal.

If she filled in the forms without any help the chances are she will not get it. They are very hard to do and you really need someone in the know to help.

If she is turned down on appeal she can reapply (I think in 6 months) but she really should get help.

FWIW, I was told that being eligible for DLA/Incapacity Benefit, and being classed as disabled under the DDA are not linked.

Therefore, you could in fact be disabled under the DDA, but not be eligible for DLA/Incapacity Benefits, and vice versa.

DLA and DD are not related at all.

DLA is a much, much higher test. DDA just needs a long term problem impacting on day to day life.

Obviously, it's hard to tell just from posting on a talk board, but for what it's worth, if I was the lawyer to her employers and I had these few facts, I would be telling them to treat her as disabled for DDA.