Crohn's Disease

 

Our team of Employment solicitors consists of dedicated specialists who deal exclusively with employment law. The team has over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.

You can be assured Lawson-West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.

Lawson-West’s expert employment solicitors have significant experience of representing clients badly treated at work due to suffering from Crohn's Disease or Ulcerative Colitis.

The majority of people with Crohn's Disease or Ulcerative Colitis (the two main forms of Inflammatory Bowel Disease - IBD) are of working age when they are diagnosed. This means that they are likely to be worried about their job and their future employment prospects. However, most people with Crohn’s or Colitis able to work successfully.

The common symptoms of Crohn's Disease are:

• diarrhoea (sometimes with blood)

• urgent and/or frequent need to go to the toilet

• abdominal pain

• tiredness

• nausea

• lack of appetite and weight loss

Some people with Crohn's or Colitis may also suffer from painful joints, eye problems, mouth ulcers, and skin rashes. Crohn's and Colitis are not infectious.

What are the effects of treatment?

Crohn's and Colitis often require life-long treatment which can include taking medication, but this can have unpleasant side effects. The medication/treatment is designed to control the symptoms of Crohn's or Colitis when a person suffers from a flare up, or to prevent a flare up from happening as this reduces the chance of relapses.

Treatment can include corticosteroids (steroids) to reduce inflammation. However the unwanted side effects of these drugs can be:

• significant weight gain

• roundness of the face

• acne

• mood swings

Steroids can also have the paradoxical effect of making someone look healthy when they are actually having a flare-up of their illness. Whilst other drugs used include immunosuppressant drugs which affect the way the body’s immune system works. This means that a person may be more susceptible to infections and at greater risk of getting colds and flu.

Protection by Law 

If you are an employee suffering from Crohn's or Colitis, you may feel some anxiety about whether your employer will treat you differently for matters associated with your ill health - such as time off. The law offers some protection, but the level will depend on whether you qualify as disabled as described within the Equality Act 2010.

Not everyone with Crohn's or Colitis may consider themselves to have a disability, but in practice, you may well qualify for protection against discrimination.

If you are considered to have a disability because of your condition, you have the right to request a ‘reasonable adjustment’.

Thereafter your employer must take reasonable steps to implement the adjustments to your workplace or work arrangements required to ensure you are not at a ‘substantial disadvantage’ compared to other employees. It may be of benefit to seek the support of an Occupational Therapist who could provide you with examples of some adjustments that can be made to your role. 

Reasonable adjustments could include:

• allowing time for medical appointments or treatment

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

  • flexible working arrangements, e.g. shorter hours or a different working pattern

  • moving your work station so it is near to accessible toilet facilities

  • providing you with a car parking space close to the entrance to your work premises

  • allocating some of your duties to someone else

  • offering a different place of work, unlimited toilet breaks

  • offering you new tasks that are more suitable and providing training on them if required

Your employer may be entitled to financial assistance to help fund any adjustments needed through Access to Work via the JobCentre Plus.

Crohn's or Colitis is also associated with higher levels of exacerbated mental health, anxiety and depression, often due to the nature of symptoms. Therefore an employee disclosing their condition can help to develop a positive employment relationship and open communication. It may be a relief for an employee to talk to their employer about their Crohn's or Colitis because it can be a strain for them to hide their symptoms.

Making a claim – disability discrimination

If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required following your request your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.

There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.

If you’re an employee receiving unfair treatment at work due to Crohn's or Colitis, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.

In addition to No Win No Fee, Lawson-West Solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.

With offices in Leicester and Market Harborough, our employment solicitors can discuss your employment law claim at any of our branches or remotely. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.

If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 alternatively fill in the free Contact Us form and we will get in touch as soon as possible.