Policies, Benefits & Legislation

It’s rare for employees to be fully familiar with their employer’s workplace policies. But without knowing what’s covered, what’s expected of you and how you’re protected, it’s hard to recognise when you’re receiving unfair treatment at work. 

For a lot of employees, especially those living with a long-term health condition, key concerns usually crop up around one (or more) of the following areas: 

• Losing a job due to taking too much sick leave 
• Lack of clarity around sick pay entitlements 
• Being discriminated against or treated differently due to their health condition
• Workplace harassment or bullying (and what to do when it happens) 
• Being forced to attend Occupational Health (with details of their condition then getting back to the manager) 
• Fear of discrimination in the recruitment process due to their condition 

Solution

1. Read your employment policies

Without knowing the ins and outs of your employment policies, it’s difficult to know when you’re receiving unfair treatment at work. 

Be sure to request up-to-date copies of any relevant policies so that you can familiarise yourself with the terms of employment that apply to you. That way you can learn what’s expected of you, and if certain policies aren’t being followed, you’ll be able to recognise it and act accordingly. 

Employment policies can sometimes be tricky documents to navigate, so reach out and speak to your HR or union representative if anything is unclear. 

2. Disclose your health condition 

Whilst you don’t need to disclose your health condition during the recruitment process, once you’ve secured a job it’s helpful to tell your employer about your condition and how it affects you. You don’t need to be worried over sharing this information as you’re protected against discriminatory behaviour by The Equality Act (2010). 

The Equality Act is designed to protect people from discrimination, harassment and victimisation, both inside and outside of work. 

The Act lists four main types of discrimination: direct, indirect, harassment, and victimisation. There are two additional types of discrimination that apply solely to those with a disability: discrimination arising from a disability, and failure to make ‘reasonable adjustments’. 

Without knowing about your condition, your employer won’t be able to make any ‘reasonable adjustments’ to ensure you can be comfortable at work, which is why it’s important to let them know as soon as possible. 

You can find out more about The Equality Act and how it protects everyone from experiencing discriminatory behaviour here. 

3. Find out more about your sickness leave entitlements 

Sick pay entitlements and the way sickness leave is managed will vary broadly from company to company. For example, in some companies, the amount of sick pay someone is entitled to will depend on their length of service with the company. 

However, whilst each company may have slightly different processes associated with sick leave, they all have to fall within the law. 

If you’re living with a long-term health condition or disability and are off sick for any length of time, you should then receive the support you need in order to return to work when you’re ready. In some cases, this will involve your employer having to make reasonable adjustments, such as changes to the work schedule or investing in adapted equipment.

If reasonable adjustments can’t be made due to the nature of the job, your employer should then seek alternative work, perhaps in another department, to allow you to return to work. As long as you’re capable of doing the work, this is a viable option. 

To learn more about taking sickness leave, returning to work, and your rights and responsibilities with long-term sickness, visit the Government website. 

4. Call for support when you need it 

If the idea of speaking to your manager about your health condition is something that you’re nervous about, consider involving a trade union or HR representative in any conversations or correspondence. They’ll be an impartial presence who can ensure you’re receiving fair representation. 

Handling a referral to Occupational Health

The Equality Act is in place to protect you from discrimination, bullying and harassment in the workplace, based on your disability or any other aspect of your identity. This can also apply in situations where a manager refers you to attend Occupational Health.

Whilst your manager is legally allowed to insist that you attend Occupational Health, it’s best practice for them to first try to obtain your consent. 

Once the referral has been made, your manager should make the reasons behind their decision clear for you. 

After your appointment, any report written by the Occupational Health therapist should be given to you first for sign-off before being sent to your manager. However, you should bear in mind that if you do not consent to the report being shared, it may be difficult to request reasonable adjustments to your situation, as your manager won’t be aware of all of the necessary details to grant such adjustments. 

Applying for a new job 

Applying for a new job can be a nerve-wracking experience, especially if you’ve been in your current position for a number of years. 

It’s important to remember that The Equality Act doesn’t just protect you when you’re in employment — it protects you during the recruitment process, too. 

When applying for a new job, keep in mind that you do not need to disclose your health condition until after a job offer has been made. 

Whilst your potential new employer can ask about whether you need any additional support while attending the interview, or if there are any reasons why you wouldn’t be able to do the job you’re applying for, you’re not required to inform them of your health condition straight away. 

Any reasonable adjustments can be discussed at a later point, after you’ve received the job offer and disclosed your condition. 

If you’re balancing a long-term health condition alongside your career, you may be able to access a number of benefit schemes for extra support with staying in or returning to work. 

In many cases, employees and employers aren’t fully aware of the benefits and additional support available to them. Here’s a quick guide to help you. 

Government-funded benefit schemes for people with disabilities 

There are a range of Government-funded benefit schemes available for those who are: 

• Currently looking for work 
• Temporarily unable to work 
• Supporting a family 
• Living with a disability or health condition 
• Caring for someone 
• On a low income 
• Recently bereaved 

A number of benefit schemes are gradually being replaced with Universal Credit allowances. Head to the Government website to explore your options in more detail. 

For more information about benefits and Government-backed financial support, consider speaking with your local Disability Employment Advisor. They’ll also be able to help with assessing your eligibility. 

Personal Independence Payment (PIP) 

Personal Independence Payment (PIP) can help you with extra living expenses if you have: 

• A long-term physical mental health condition or disability 

AND 

• Difficulty carrying out everyday tasks or getting around because of your condition

You can access PIP even if you’re working, have savings, or if you’re receiving other benefits, too. 

PIP provides support on two fronts:

• a daily living part – if you need help with everyday tasks
• a mobility part – if you need help with getting around

You can explore more information PIP via gov.uk. 

Employment and Support Allowance (ESA) 

If you have a disability or health condition that affects how much you can work, you may be eligible to receive the Government’s Employment and Support Allowance (ESA). 

ESA gives you: 

• Money to help with living costs if you’re unable to work 
• Support to get back into work if you’re able to 

You can apply for ESA via gov.uk if you’re employed, self-employed or unemployed. 

Access to Work

Access to Work is a Government scheme set up to help you get or stay in work if you have a physical or mental health condition or disability. 

The type of support you receive will ultimately depend on your needs, but you can apply for: 

• A grant to help pay for practical support with your work 
• Support with managing your mental health at work 
• Money to pay for communication support at job interviews 

To learn more about the eligibility requirements and support options available through the Access to Work, you can explore the Access to Work scheme in detail.

Additional information 

There’s a helpful resource available through the National Rheumatoid Arthritis Society which outlines your rights and responsibilities in the workplace as an employee with arthritis. To explore this area in more detail, download the free “I Want to Work” guide.