Jan
07
2010
Can My Employer Ignore My Medical Certificate & Gp’s Advice? (uk Law)?
Posted by: Alan in Contact Dermatitis, tags: Advice, Certificate, Employer, Gp's, Ignore, Medical
I am required by my employer to wear a tie for work. For the last 4 years, I have had a medical certificate, GP approval and Occupational Healths approval that I should not wear a closed collar at work due to Contact Dermatitis. I have recently been informed that this no longer applies and that I must now start to wear a tie for work. I have obtained an up-to-date medical certificate from my GP yet still my employer is threatening me with disciplinary action over this. It has recently been announced that my employer must make a reduction in his workforce and I can see this as being the reason for the recent changes. Can anyone advise me please?
You can leave a response, or trackback from your own site.
Entries (RSS)
January 7th, 2010 at 5:22 pm
Severe dermatitis can constitute a disability under the terms of the Disability Discrimination Act. The act places a responsibility on an employer to make ‘Reasonable Adjustments’ to accommodate people with disabilities.
To determine if you have a disability your impairment must be long term (12 months) and have a substantial effect on your ability to carry out day to day activities in at least one of the following categories;
mobility;
• manual dexterity;
• physical co-ordination;
• continence;
• ability to lift, carry or otherwise move everyday objects;
• speech, hearing or eyesight;
• memory or ability to concentrate, learn or understand;
• perception of the risk of physical danger.
I would suspect that when tour dermatitis flares up you may fit into the Mobility or Manual Dexterity. I am aware of people who have dermatitis severe enough that it constitutes a protected condition under the act.
It is important that you are aware that you determine the effect of your condition on how it would effect you in the above categories WITHOUT ANY MEDICATION. For example, if a person with a hearing impairment wears a hearing aid the question whether his or her impairment has a substantial adverse effect is to be decided by reference to what the hearing level would be without the hearing aid. And in the case of someone with diabetes, whether or not the effect is substantial should be decided by reference to what the condition would be if he or she was not taking medication.
You will need to advise your employer that you believe you may have a condition that constitutes a disability under the DDA. It is then for your employer to have your condition assessed by a medical practitioner.
If you would like assistance on wording your letter please feel free to contact me via my profile and I will advise on some suggested wording. You need to act quickly though particularly if you feel your employer may use this as a reason to dismiss you.
January 7th, 2010 at 8:16 pm
If your firm requires a dress code and you are the only person not wearing a tie then they will want to get rid of you. You could try ACAS to be sure of your rights. If you were in catering and had the same condition you would not be fit for the job and would not get a dispensation. People do have to leave employment if they cannot keep to companies policies.
January 8th, 2010 at 1:27 am
You must comply with your contract of employment. If wearing a tie is required, then you will have to do so.
You must try and work something out with your employer. Are you a member of a union. This is why it is beneficial to be a union member. They will negotiate on your behalf.