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Disability Discrimination Act

Discussion in 'Jobs and Employment' started by Amrit1712, Oct 11, 2016.

  1. Amrit1712

    Amrit1712 Type 1 · Well-Known Member

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    I'm currently applying for a part time job to work alongside my studies at school. On the online application it asks
    'The disability discrimination act (1995) defines a disabled person as someone with a 'physical or mental impairment which has substantial and long term effects on his/her ability to carry out normal day to day activities'

    'Do you consider yourself to have such a disability?'

    I am not sure whether to say yes as I have good control and I'm normally fine day to day however the occasional hypo and checking levels may require a break.

    Any advice?
     
  2. catapillar

    catapillar Type 1 · Well-Known Member

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    1) you might wish to point out that the disability discrimination act was repealed in 2010 and replaced by the Equality Act 2010 (don't do this, I'm just being a pedant).

    Under the Equality Act 2010 the definition of disabulity is the same - long term condition with a substantial adverse impact on ability to do day to day activities.

    Guidance to the Equality Act 2010 (D23-24) provides that where the condition is controlled by medication, the impact should be considered as if no medication was being taken. If a type 1 diabetic was not taking medication, they would be dead. This counts as a substantial adverse impact on ability to complete daily activities! So type 1 diabetes is a disability for purposes of the equality act 2010.

    2) look at what part of the application it is under - lots of firms do a guaranteed interview for disabled candidates. What I have done when faced with this is tick yes for disabled (because type 1 is technically a disability and there will be some HR things where it is important for your employer to know this & I can't sign an application which says something I know to be incorrect) but tick no for the guaranteed interview because it's well controlled, so only technically a disability.

    As for advice, it's pretty individual. Think about what kind of firm it is, why they are asking the question etc. Know that sometimes it can be beneficial/necessary to have type 1 recognised as a disability (what if there is a general rule no food at work? You are going to need that adjusted so you can keep hypo treatment on hand). Consider whether you would rather raise it after you get the job.

    Good luck with the application :)
     
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  3. MarkE

    MarkE Type 2 · Well-Known Member

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    Just one point to add myself- the law also makes it clear that you cannot discriminate on the basis of disability unless the job truly requires the specific disability to be avoided. So, yes, I'd personal say to tell them about the diabetes.
     
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  4. Leanne28

    Leanne28 Type 1 · Member

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    Ur employer does need to know about ur diabetes and what he/she should do if u ever become quite unwell with a hypo if you may not be able to treat yourself or where you keep you testing kit and hypo treatment if it's not near you, and you are right you will need a break and to check blood sugars as you may be in a different routine than usual, good luck
     
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  5. fletchweb

    fletchweb Prefer not to say · Well-Known Member

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    More times than not I've never told my employer out of fear of discrimination - that and there seems to be an automatic assumption that if you're type 1 your brittle and if you're type 2 you don't look after yourself. So over the years I've kept quiet. Recently - because of the my current employer I made it be known - biggest challenge to that are the accusatory looks and judgement made every time I do something that someone who does not have diabetes doesn't think I should be doing - like eating for example. That really ticks me off.
    In one workplace I made it known and no one believed me. I guess I didn't fit their perception of someone who has diabetes. The times I've told my co-workers - management was after I had time to evaluate their character and felt comfortable that it would not be an issue for them. But sometimes my evaluation fails and I curse myself for mentioning it.
    Let's hope you will be working with some good intelligent people.
     
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  6. Amrit1712

    Amrit1712 Type 1 · Well-Known Member

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    Hi thanks for the replies sorry I haven't been on for a while. I think what I'll do in the future is maybe declare it on the application depending on the type of job. If it's a job that involves a lot of physical tasks I'm note it but for the opposite I may not.
     
  7. Bobbin

    Bobbin Type 1 · Well-Known Member

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    I'd tread carefully on not disclosing diabetes to potential employers. Depending on circumstances, questions they have asked etc, it could be seen as withholding information which could mean termination of employment contract down the line.
     
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  8. Doriscrisp

    Doriscrisp · Member

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    My daughter is 24 and T1 and she is unable to work due to having very poor control (not her fault and she sees the clinic regularly ) some days she is fine and other days she is far from well, but found it too hard to maintain her pt job in a cafe. She is also self-employed. Do you know if she can claim disability benefits, housing benefit or tax credits? She is living off savings which run out in a months time and I help her out too but it's not sustainable and wondered if anyone knew if there was any financial help available until she is better?
     
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  9. catapillar

    catapillar Type 1 · Well-Known Member

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    I don't have any experience of claiming benefits so I don't know, sorry. There may be more info if you use the search facility. It would be pretty unusual for type 1 on its own to qualify for any benefits - you'd have to look closely at the qualification criteria for the benefit and consider whether you meet them.
     
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  10. ickihun

    ickihun Type 2 · Master

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    @Doriscrisp esa will need her to prove too ill to work with doctors certificates then passing an impossible ignorant assessment.
    For pip which people who work can qualify for is payments to help with lack of being able to do daily tasks without help and mobility.
    I'm in a hell of a state and I don't qualify for mobility so I have to take it to a tribunal.
    I cannot breathe through heart problem under investigation, I cannot walk without huge pain with the rare occasion the heavy painkillers have given me 20mins reprieve where I walk to a bus stop, stopping 2-3 times breathless and in pain. (Just less pain).
    If I cannot qualify without specialist reports then I feel for others. Maybe by time I get a tribunal date my cardiologist and physio have a fuller picture to relay back. Because of slow nhs care I'm discriminated against!
    I'm seeing gp nearly every week or someone at practice for care!
     
  11. donnellysdogs

    donnellysdogs Type 1 · Master

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    As far as I know your daughter can do up to 15hours and fifty nine minutes work each week even on a self employed basis but it also depends upon earnings in those part time hours.

    Best place for her to go is online and the gov website will tell her if she is entitled to try and claim anything.

    ESA if it is paid can be split in to two groups. One group has to lok for work and go to dole office every 2 weeks to prove they are legible and trying to find work. The other group may be given the benefit and without any need to go to dole office. The not capable of working group is not easy to get categorised in to this. Appeals and a lengthy process do have to be made sometimes.

    PIP is mobility and a payment to enable that person to get help for maintaining their independence. PIP is very hard and unstable short term blood levels are very unlikely to fall in to consideration. It is based upon cooking/
    And sleep and washing, hygiene etc...

    Benefits such as council tax discount are only given once the ESA etc has been quantified and again will depend upon fulfilling their criteria....
     
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  12. .gurley

    .gurley Type 1 · Active Member

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    You are not disabled you have a condition. There is a difference! However you do have a medical condition that your employer and work colleagues need to be aware of. I have been type 1 for forty years and played soccer, run marathons, managed 15 million turnover businesses and never declared myself disabled. I have always informed my condition though.This is to ensure that people know what to do if you do have a Hypo event which is a precaution. I have never had one at work! and taken all precautions etc. It is also good to explain to people you work with as I had one person I worked with helped a lady in a supermarket who collapsed with a Hypo and she knew how to help! I have worked in several countries as well. Diabetes never stopped me, inconvenient yes, manageable yes. Disability no. Hope this helps
     
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  13. ickihun

    ickihun Type 2 · Master

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    Everyone's disability can be different. Even diabetic one. Mental health is often ignored which makes any condition a disability. Shame everyone couldnt recognise that.
     
  14. donnellysdogs

    donnellysdogs Type 1 · Master

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    The saddest thing I read is that levels are interfering with life.... that should not happen on a long term basis.

    Mental health is vitally important to be considered. There is not enough recognition on this.
     
  15. clanders

    clanders Type 1 · Active Member

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    You do need to let them know. The change in your routine might bring an initial increased frequency of hypos. There should not be a problem (depending on the role you are applying for). Your employer should ask what reasonable changes they can make to accommodate your needs and should do a risk assessment. Good luck
     
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