Work refused to let me take medication

[ULA]

I do not believe that arthritis is automatically classed as a disability under section 6 of the Equality Act 2010. However, a person will be considered disabled if their condition has lasted, or is expected to last, at least 12 months and that the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities.

[MIKE770]

People with Arthritis would 100% disagree with section 6 as who came up with that has very little or no idea what Arthritis can throw up, it flares up under many a condition/situation, those of us who have had it for years suffer the pain as and when it hits us ! I have come across doctors who teach about arthritis (who must use a manual), and fail to 100% understand the pain whatever the area affected, YET student doctors seem in a lot of cases tend to ask questions (Factual) and are left with er um! then ask volunteers like myself what action/relief I use or attempt to use.

Support With Arthritis - Advice From AbilityNet might be useful to read?

[27holly]

The occupational health report I had stated that in cases to do with absence I am covered under the disability act due to my issues surpassing 12 months and with be a long term problem.
From this I decided to look into the equality act and what’s covered under disability, I do believe they have violated the indirect discrimination and victimisation sections but I’m not 100% sure.

my problems started about 2 years ago, I had tablets first and then went for scans etc to find out the issues, I have arthritis in 2 parts of my spine and a prolapsed disc pushing on 2 nerves which then affects my leg. I’m not in enough pain to qualify for surgery so I’m on the strongest pain killers they can give me without going onto morphine. I would say that this would be enough to cover me under the equality act, would you agree?

I’m in pain all the time, even though the meds work they only dull the pain. I struggle with a lot of things day to day. I’m highly dependent on the tablets and must take them when I need them otherwise I really struggle with everyday tasks.

[MIKE770]

struggle at times as many of us with Osteoarthritis and inflammation of joints, Rheumatism etc etc all surgery always cancelled for the excuse or another, just more of the same pain killers with the provisal not to increase dosage. your company CEO/staff are out of line, trouble is they can state due to needs = not able to carry out necessary job in comfort? a disgraceful assumption when a small gesture is all needed like your problem (taking needed ) i know a friend who is now classed as disabled and had to get interview and was told to get on floor and get up, he pointed get down but told interviewer be ready to help up, interviewer could not help him up and had to get help. he won after a long battle

[ULA]

It sounds like, given the timescale more than 12 months, and level of medication, then you can argue that your arthritis has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.

Given that you are keeping the condition under control with pain-killers a reasonable adjustment that could be considered by your employer is that you are allowed to take your medication when necessary, as prescribed by your GP.

[27holly]

That’s what we thought as well.
This is what I am in trouble for, going for a break to take medication after they refused me. Are they allowed to do this knowing my situation?
Failure to do work and abuse of breaks are the allegations.
the work one I should be able to get out of as I did take the work and do it even though I went for the break.

Do you think I would be able to get out of the abuse of breaks one as they refused me having medication which I depend upon and they have been advised on the occupational health report to put into place adjustments for me which include posture breaks etc?

[ULA]

Your defence on the abuse of breaks should be based on your need to take the medication in order for you to be able to reduce your pain level to one where you could comfortably carry out the work. Certianly refer to any Occ Health report particularly if it has referenced reasonable adjustments, which if something had been put in place would have been on your record and would have mitagated any need for disciplinary action.

Also is this is the first time this has happened? If so you can point to the fact that it is not a regular occurance i.e. despite your arthritis and pain levels, you normally manage to keep things under control by taking your medication at the correct break times and this first instance cannot be considered an "abuse of breaks". However that is against the view that conisderation needs to be given for your condition in the context of section 6 of the Equality Act.

[27holly]

Thank you for that, I will definitely be saying that to them.

can you please explain the below a bit? I’m not quite sure what you mean.

However that is against the view that conisderation needs to be given for your condition in the context of section 6 of the Equality Act

[ULA]

Effectively you are defending having to take a break to take medication, which if the company had accepted your condition under section 6 and made a reasonable adjustment, allowing you to take a break outside of normal break times for that purpose, you would not be facing disciplinary action for abuse of breaks.

[27holly]

Thank you for explaining that, I will make sure to use this in the meeting. Thanks for the help.