Employment and IBD
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Many people who have Inflammatory Bowel Disease (IBD) are concerned about their employment position, whether as an existing employee or potential new recruit.
This Information Sheet is intended to clarify the main issues and to offer guidance. In order to do this it is first necessary to explain the circumstances in which employees may be protected by the law.

Employment Protection
An IBD sufferer may be protected by the Disability Discrimination Act (see below). Otherwise the most important aspect of employment protection is the statutory unfair dismissal scheme.
Under this scheme any employee who has been unfairly dismissed can seek reinstatement and/or compensation from the employer. For this reason any reasonable employer will behave in such a way as to try to avoid the possibility of unfair dismissal claims, and to deal sensibly with any situation which arises.

Not all employees qualify for protection against unfair dismissal. Although part-time employees are no longer excluded, generally speaking a minimum of one year's service is necessary to qualify.
An employer can dismiss an employee who does not have this statutory protection, even if it seems unfair and unreasonable to do so (except that there is special protection for the employee if the dismissal is for reasons including sex, race, pregnancy, trade union activities and safety at work issues).

 The Disability Discrimination Act 1995
 IBD sufferers who can be given protection by this Act need show no length of service to qualify. It applies equally to new and even prospective employees. People who have an ongoing illness may qualify for protection against discrimination, which includes dismissal. The Act requires both employers and people who provide goods and services to the public to take reasonable measures to make sure that they do not discriminate against disabled people. Employers with less than fifteen staff are exempt.

Someone who has IBD will only qualify for protection if they meet the definition of "disabled". The disability has to be long term, and must have a substantial adverse effect on that person's ability to carry out normal day-to-day activities. Incontinence is specifically referred to in the Act in this context.   In summary it is crucial for the employee to have statutory protection. If the employee is protected, the considerations set out below "Dismissal for ill health" will apply.

 People without Employment Protection
 If the employee is not protected, the employer can dismiss the employee with IBD, either for that reason or without a reason, merely by giving the employee the appropriate contractual notice period or making payment in lieu of notice. The notice period will usually be a week but possibly a month. If the full notice period is worked out or paid in lieu, the employee will not usually be in a position to take the matter further.

 Dismissals for Ill Health
 It is possible for an employer to dismiss an IBD sufferer who has protection against unfair dismissal, without this necessarily being unfair. This is because 'incapability' can be a fair reason for dismissal under the statutory scheme. The correct procedures must be followed, and the dismissal must still be fair and reasonable in all the circumstances, otherwise the dismissal will be unfair.  In general terms an employer seeking to dismiss someone for ill health should consult fully with the employee about the sickness. The employer should also obtain an accurate medical prognosis (from the employee's own doctor and, if necessary, an independent doctor), and consider the following points:

This will include considering different employment and alternative duties, if appropriate.
These factors will differ according to the circumstances of each case.

 Guidance: Existing Employees
 Acquiring statutory protection by working for twelve months is fundamental to an employer being obliged to deal with any problems in a fair and reasonable way, unless you are protected by the Disability Discrimination Act.

If you are then diagnosed as having IBD, or an existing condition worsens, you can choose whether to discuss this with your employer depending on the circumstances. It may become necessary to do so if, for instance, your sickness record worsens, or if your employer chooses to consult you about your sickness or absence record.

Most employers will deal sympathetically with an honest approach and any constructive suggestions from an employee. This may involve you explaining the condition to the employer and fellow staff, (e.g. that it is not contagious or infectious) and, if necessary, requesting a change in the place of work or the type of duties if immediate access to a lavatory becomes essential. Obviously much will depend on the facts of your position and the nature of your work.
Guidance: New and Prospective Employees
 All employees without statutory protection are potentially at risk of dismissal, and depending on the employer and its financial circumstances the non-disclosure of a sickness problem can increase the chance of dismissal. However, sensible and reasonable employers should not react in this way, and, depending on the employer, full disclosure of the condition may be helpful. Disclosure will also assist a disability discrimination claim if this is appropriate.

Failure to disclose an IBD condition will not be misconduct (i.e. a potentially fair reason for dismissal), unless the employee is directly asked about sickness and deliberately withholds the information. Similarly, prospective employees need not disclose information about their IBD unless directly asked about their state of health, in which case failure to disclose it could be used as evidence of misconduct in due course.

Deciding Whether and When to Disclose your IBD
 As an employee, or when you apply for a job, you need to decide whether to disclose information about your IBD. It is obviously helpful to inform your employer and fellow staff, because this makes it easier to achieve a working environment which is acceptable to you, but you will need to balance this against your wish to obtain employment and then to obtain statutory protection.

 Disclaimer
 The law stated is accurate in August 2000. However, this Information Sheet is intended for guidance only.   If you have any particular employment difficulties you should seek advice from a Solicitor or a Citizens' Advice Bureau.

Has anyone been dismissed from their work and felt it was partly due to their illness, perhaps through time off work, or being absent due to hospital appointments ect.   Would you care to view your opinions or experiences, if so please post your story on the message board.

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[With thanks to NACC for information provided]