Adjustments in the workplace

HIV is a chronic health condition which is covered by the 2010 Equality Act from the point of diagnosis. The Act states that once an employer has recognised your chronic illness, they have an obligation to make 'reasonable adjustments' if requested.

Some examples of reasonable adjustments might be:

• time off for medical appointments
• time off due to health problems related to your chronic condition should be marked separately from other general ill health
• allowing you to work more flexible hours (eg changing shift work)
• transferring you to an entirely different job, without you having to compete for it, if your current job is no longer suitable

Karl felt that being diagnosed early was useful, as it allowed him to be pro-active in trying to ensure continued good health by requesting adjustments, since he works varied shifts with strange hours.

Given his anxieties about a gossipy workplace where confidentiality was poor and his Line Manager’s attitude was unsupportive, Karl approached his Trade Union Representative to facilitate negotiations. Whilst this is undoubtedly a sensible tactic which allows a degree of personal anonymity, Karl did not find his Rep to be effective or supportive.

Faced with delays and obstruction, Karl contacted Terrence Higgins Trust, who referred him to specialist support via the local Citizens Advice Bureau. The CAB support has been invaluable in dealing with the increasing difficulties Karl has faced at work, and he is now in the process of seeking legal representation to deal with these issues. He is a strong individual, but the process has been a strain on his emotional, physical and mental health.

Whilst his experience has not been good, he recognises that there are several things which might have made this process easier that others should consider:

1. Access good quality support early on - see the related pages on MyHIV and the Your Work Health  website, which has sections for employers as well. NAT also has resources to help employers understand and manage issues around HIV in the workplace.
2. Have someone suitable and trustworthy accompany you to meetings – preferably one person that can be with you through the whole process to verify facts. This person is also covered by the Equalities Act in terms of issues around discrimination, bullying, unfair treatment etc.
3. Keep a chronological record of all events and contact (email, phone calls, letters) and paper copies of all communications to back up your requests.
4. If you are anxious about reactions to HIV, you can get your GP to write a letter stating that you have a chronic condition which is covered by the Equalities Act and for which you may require reasonable adjustments.

Karl is keeping us updated via the Your rights thread in the Community forums, so check in to find out how the case progresses.