Cystic Fibrosis

Cystic Fibrosis (CF) affects the way salt and water move in and out of the cells in the body. This is caused by a faulty gene passed down from both parents and is usually diagnosed soon after birth.

Cystic Fibrosis isn’t contagious and doesn’t affect a person’s intelligence or mental ability. There is no cure, but new research and medications focusing on ways to repair or replace the gene that causes Cystic Fibrosis are promising.

How Cystic Fibrosis affects the body

Cystic Fibrosis causes an individual's mucus to become thick and sticky which blocks the arteries of the organs. In the lungs, the sticky secretions are difficult to cough up and viruses, bacteria and fungus can become trapped under the mucus. This can cause inflammation and infection, making it harder to breathe, and it often causes a chronic cough and repeated chest infections.

In the digestive system, thick secretions can block the flow of digestive enzymes from the pancreas to of the intestine, where they’re needed to help break down food. Without these enzymes, fats and vitamins can’t be absorbed and people with Cystic Fibrosis can find it hard to put on weight. Cystic Fibrosis can also affect other parts of the body such as ears, nose, sinuses, liver, bones and joints and can cause CF-related diabetes.

Symptoms of Cystic Fibrosis include:

• recurring chest infections

• wheezing, coughing, shortness of breathand damage to the airways (bronchiectasis)

• difficulty putting on weight and growing

• yellowing of the skin and the whites of the eyes (jaundice)

• diarrhoea and/or constipation

• people with the condition can also develop a number of related conditions, including diabetes, thin, weakened bones (osteoporosis), infertility in males, and liver problems.
  
  

Treatment of Cystic Fibrosis

There's no cure for Cystic Fibrosis, therefore treating the symptoms of CF focuses on maintaining their health with daily chest physiotherapy, nebulisers and exercise. This is to keep their lungs free from mucus and infections. Medications have to be taken daily and most people with Cystic Fibrosis need to take pancreatic enzymes when they eat to help their bodies absorb nutrients from their food.

Often a person with Cystic Fibrosis has to eat foods that are high in fat and salt to help maintain a healthy weight and stay hydrated. People with CF spend between 1–2 hours every day doing treatments and if they become unwell they may need extra medications or other treatments. Treatment with antibiotics, either oral or intravenous, is common for people with CF as they have a greater risk of developing serious complications from bugs that are generally harmless to people without Cystic Fibrosis.

If you are an employee suffering from Cystic Fibrosis, 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 Cystic Fibrosis 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 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.

Cystic Fibrosis 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 Cystic Fibrosis 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 Cystic Fibrosis, 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.

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.

In addition to No Win No Fee, Lawson-West Solicitors acts 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 and lawyers can discuss your employment law claim at either branch. 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 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.