Crohn’s Disease and Colitis in the workplace

Crohn’s Disease and Colitis – Can I bring a Discrimination Claim against my employer?

What is Crohn’s Disease?

Crohn’s disease is a chronic inflammatory condition that primarily affects the gastrointestinal tract. It can cause symptoms such as abdominal pain, diarrhea, fatigue and weight loss.

Individuals living with Crohn’s disease and colitis face unique challenges, both in their daily lives and in the workplace. While most people suffering with these conditions are able to work successfully, it is likely that reasonable adjustments in the workplace are required, due to the significant symptoms of the conditions, as well as medication.

Crohn’s Disease and the Equality Act 2010

While not everyone suffering with Crohn’s disease or colitis will consider themselves to have a disability, your conditions may still be protected by the Equality Act 2010, and thus may qualify for protection from discrimination. Under the Equality Act 2010, if you are considered to have a disability due to your condition, you have the legal right to request reasonable adjustments, and your employer must take reasonable steps to implement these adjustments in the workplace.

Reasonable adjustments for people suffering with Crohn’s disease and colitis may include:

• Time off for medical appointments/treatments

• Flexible working hours

• Unlimited toilet breaks

• Having a workstation near to toilets

• Dispensation for your level of absence, if related to your disability

If your employer fails to provide you with reasonable adjustments, this can constitute disability discrimination, which you may be entitled to pursue through the Employment Tribunal.

While it may feel embarrassing to do so, it is important to disclose these conditions early on with your employer, so that reasonable adjustments can be put in place as quickly as possible.

Can I bring a Disability Discrimination Claim?

If you are an employee suffering from Crohn’s disease and colitis and believe that your employer has discriminated against you due to your conditions, or has failed to implement reasonable adjustments to allow you to work effectively, you may be entitled to make a claim against your employer for disability discrimination. There is also no minimum length of service required to bring a claim for Discrimination in the Employment Tribunal, however, it is important to be aware that you have 3 months from the act of discrimination occurring to lodge your claim with ACAS.

How we can help...

If you believe that you have suffered unfair treatment due to your conditions from your employer, we can help you. We may be able to offer you a No Win No Fee agreement, and we also provide a variety of other funding arrangements to assist you with pursuing a claim.

Our Employment Law team is well-versed and experienced in Discrimination matters involving Crohn’s disease and colitis, therefore, if you believe you have been treated unfairly by your employer due to these conditions, do not hesitate to contact Lawson-West Solicitors.

Please call us on 0116 212 1000 or alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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