Your employment and rheumatoid arthritis

April 2008: Helen Bunyan, NRAS Membership Manager

Many people with RA face problems at work, but the good news is that they can often be overcome. Find answers to frequently asked questions here, and for more details ask for your copy of I want to work

This article aims to address the following questions:-

Who should I tell that I have RA and when?

How can I cope better at work?

Am I covered by the Disability Discrimination Act?

Am I entitled to time off for medical appointments?

What kind of changes are possible at work?

How do I find an occupational therapist?

Is there any financial support or government schemes to help my employer implement changes at work?

My RA is under control and I want to go back to work. Where do I start?

Can I apply for any benefits while I’m working?

What can I do if my employer treats me unfairly?

Who should I tell that I have RA and when?

Consider telling your employer if you think you may need help, now or in the future. It can avoid the possibility of future problems being treated as a disciplinary issue. Provided you’ve told your employer about your condition, you’re legally protected against discrimination from the first day of your employment.

If you tell colleagues it can help them to understand what you can do and what living with RA is like. But it’s up to you; you can ask your employer to keep the information confidential, if you prefer.

As a general rule, be up front with a prospective employerabout the fact that you have RA. However, this isn’t a legal requirement, and some people choose to wait and see how the recruitment process goes before they decide whether or not to tell. Of course if you are asked specifically about your health you must answer truthfully.

How can I cope better at work?

Be proactive . Find out as much as you can about your rheumatoid arthritis. If you understand your condition, you feel more in control about your decisions.

Give your employer information about RA and ask them to read it.

Remember that your rheumatology team is there to provide support. If your condition changes or you feel it is not well controlled, ask for help quickly. Physiotherapists, podiatrists and occupational therapists can all help.

Ask your nurse or physiotherapist about different methods of pain control. For more details look at Talking about Pain

Learn and use self-management strategies to help with pain and fatigue. It’s one of the best investments of your time you can make.

Am I covered by the Disability Discrimination Act?

The Disability Discrimination Act (DDA) provides disabled people with rights and places duties on employers. It recognises that some diseases’ symptoms vary over time, and that your abilities may be affected more at some times than others.

Many people with RA do not think of themselves as disabled. Y ou may prefer to think in terms of being disabled in your ability to do your job. You have protection under the Act if you are disabled according to its definition, i.e. if you have a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

T he Act states that employers must make reasonable adjustments to allow a person with a disability to continue working. These can include:

• changes to working hours
• changes to duties
• equipment to help at work (e.g. telephone headsets; ergonomic computer keyboards; adapted handles for doors)
• support from someone else with a particular part of a job
• improvements to physical access (e.g. a disabled parking spot; rails; stair lifts.)

What is considered reasonable depends on the size and type of the business, how practical the adjustment is, the cost and disruption of work involved, and the potential benefit to employees and customers.

The DDA states that you should not be discriminated against in any way because of your disability, in all aspects of employment. This includes recruitment, training opportunities, promotion and redundancy.

 

Am I entitled to time off for medical appointments?

There is no formal right to time off for medical appointments but many companies give it. It can be considered a reasonable adjustment to allow time off, but there is no automatic right to pay for these times.

If you take sick leave due to your RA, employers should disregard these absences when they consider any disciplinary issues, performance measures or selection for promotion or redundancy. However, you are subject to the company’s normal sick pay policy. An employer does not have to pay more sick pay to a disabled person.

 

What sort of changes are possible at work?

Occupational therapists (OTs) and occupational health physiotherapists can give you advice about your workplace and carry out a job analysis. They can assess your job, either by visiting you at work or by a structured interview, and then recommend changes to help. These can include:

• ways to help relieve pain at work, e.g. exercise programmes, splints, changes to your footwear
• changes to equipment, e.g. adapted computer equipment, ergonomic seating, better positioning of equipment and furniture, equipment to help with driving
• changes to the physical environment, e.g. ramps, rails and stairlifts
• training in new skills, e.g. how to keep correct posture and protect your joints, how to conserve energy, communication skills
• alterations to your hours, e.g, more flexible hours or working from home.

 

How do I find an occupational therapist?

Your local rheumatology department may have an occupational therapist (OT) in the team or in a separate unit in the hospital. Some NHS services have therapists who specialise in work assessment. You can ask your GP to refer you. Your company may also have an occupational health adviser.

You can also find therapists in private practice through:

• the College of Occupational Therapists www.cot.org.uk , which has specialist sections for work OT practitioners and OTs in Independent Practice (OTIP) www.otip.co.uk
• the Chartered Society of Physiotherapists www.csp.org.uk
• the Association of Chartered Physiotherapists in Occupational Health and Ergonomics (ACPOHE) www.acpohe.org.uk

Is there any financial support or government schemes to help me or my employer implement changes at work?

The Access to Work scheme (AtW) (called the Disablement Advisory Service in Northern Ireland) can offer support. This may include help with equipment, support workers, costs of travel to and from work, and adaptations to premises and equipment. For details and to find your local office, click here. 

 

My RA is under control and I want to go back to work. Where do I start?

The Disability Employment Advisor (DEA) at your local Jobcentre Plus can give you details of suitable vacancies and the range of programmes available. www.jobcentreplus.gov.uk

The Access to Work scheme (AtW) (called the Disablement Advisory Service in Northern Ireland) can offer support. This may include help with equipment, support workers, costs of travel to and from work, and adaptations to premises and equipment. For details and to find your local office, click here.

The New Deal for Disabled People, a voluntary scheme, aims to help find work for sick or disabled people on health related benefits who want to work. See www.jobbrokersearch.gov.uk

There is a range of other national programmes, though details change. For the latest information see www.directgov.org.uk

 

Can I apply for any benefits while I’m working?

If you are working, you may be able to top up your income with Working Tax Credit. If you are working part time or looking for work, you may be able to claim Jobseeker’s Allowance.

Whether you’re working or not, you may be able to claim Disability Living Allowance to cover the extra costs that result from your condition. If you are aged 65 or over, then you may be able to claim Attendance Allowance instead. If you have a carer, they may be able to claim Carer’s Allowance.

Ask for a copy of Benefits and Rheumatoid Arthritis – a simple guide to benefits for people with RA.

 

What can I do if my employer treats me unfairly?

The first step is to discuss the situation informally with your manager. If necessary you can then register your grievance following the company’s grievance procedure. If this does not lead to an acceptable solution, you may have the option to take a case to an employment tribunal. You may want to contact the Equality and Human Rights Commission www.equalityhumanrights.com or Acas www.acas.org.uk for advice.

If you would like more details please request a copy of 'I Want to Work – a self help guide for people with Rheumatoid Arthritis.'We also have a guide for employers telling them about living with rheumatoid arthritis, how they can support employees with RA and where they can get help and support. 'When an employee has RA – a guide for employer’s.'

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