Migraine
Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have 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 and lawyers have significant experience of dealing with employees who face discrimination based on suffering from migraine.
One in seven people suffer from migraine, with attacks ranging from once or twice a year to several times a week. A CBI survey found that migraine/chronic headache was the second most frequently identified cause of long term absence at 47% of employees with non-manual jobs.
However, the condition is often trivialised and instances of discrimination against migraine sufferers at work are still relatively frequent.
In such cases, the protection of the Equality Act applies and means that employers must not discriminate against a migraine sufferer due to their condition, furthermore, the employer is obliged to make reasonable adjustments to help you continue in your employment.
Common adjustments for migraine sufferers include:
• Disregarding some absence related to the disability so you are not disadvantaged by the employer's absence policy
• Allowing flexible working hours
• Allowing you to work from home to make up for time missed
• Allowing you to take frequent breaks to avoid trigger factors such as working at a computer or managing machinery
• Allowing time off for medical appointments
• Redeployment to a different role if migraine is affecting your current position
• Ensuring a work environment that is not conducive to migraine e.g. controlling glare from lighting, ensuring correct chair for posture, and good ventilation
• Providing an antiglare screen for your PC.
It is important that you advise your employer as soon as possible that you suffer with migraines and the effects these have on you and your abilities. Your employer can get advice and support about making adjustments to the workplace from the government's Access to Work scheme. Good practice would be to consult thoroughly with you to fully understand what your condition involves and what they can do to help.
More information on migraine is available from Migraine Action, the national advisory and support charity for people affected by migraine.
Making a claim
If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, 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 facing discrimination at work due to suffering from migraines, 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, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. 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.
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