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HIV+ Fire Service Man sues the Fire Brigade

Sun, 03/08/2008 - 8:47pm — John
03/08/2008 21:34

Found on the BBC News Website. This story, below, very much touches on the issues people with HIV face in the work place.

The original story can be found here. 

Press release from the Fire Brigade Union (FBU) can be found by clicking here.  This highlights the need for anyone with HIV and able to work to have the protection of a trade union or other such body to protect their rights in the work place. Not often successful most cases of this type typically, result in those with HIV leaving there job having struck a deal with their employer. Bound to silence by a "Compromise Agreement". Of course this makes it extremely difficult for those to get another job for the reasons highlighted also in this case.

Information on the Employment Tribunal System can be found at www.employmenttribunals.gov.uk . 

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Interesting News Stories from the Benefits & Work news email

Thu, 31/07/2008 - 6:11pm — John
31/07/2008 18:00

 You can subscribe to the email news letter from the www.benefitsandwork.co.uk website. You will get information for general consumption (non-members) and for (members only).

See the story on "Appeals president slams DWP and ATOS" - you will find the full report in Useful Documents \ DWP or click here . 

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Access to Medical Records

Tue, 01/04/2008 - 11:14am — John

If you are asked to undertake a medical examination by your employer. You have certain rights in respect of any report given. These rights do not apply to medical reports requested by certain government departments like the Department for Work & Pensions.

Your employer needs your consent to obtain any report from any doctor that treats you. This consent should be in writing. Depending on your employer they may not make it clear exactly what your rights are on obtaining such reports. Though they have a duty to.

Under the Access to Medical Reports Act 1988 you have the right (4. Access to reports before they are supplied) to check any report before this is submitted to your employer.

This is for any report from your GP or Consultant to an employer appointed Doctor. Also any report that an employer appointed Doctor wants to submit to your employer.

To more fully understand your rights here. Your trade union/legal representative will be able to offer advice.

If the form you are given by your employer to seek your consent doesn't specifically mention you require sight of any medical report before it is submitted. You can add this on to this consent form before you sign it.

Disability Discrimination Act.

Tue, 01/04/2008 - 10:56am — John

 If you are HIV+ you are covered by the Disability Discrimination Act 1995. However your employer would need to know about your HIV (and any other conditions) in order to realize it has extended duties to you under this act.

The act lays down in law. Certain additional duties such as allowing you time off for medical appointments. Importantly is introduces a process called "reasonable adjustments".

For example. If you have mobility problems and you work in an office up several flights of stairs. You might request a "reasonable adjustment" to your work environment. That allows you to work in an office on the ground floor.

Your employer than has to provide such an adjustment if the costs of doing so are not prohibitive.

You may need to reduce your hours. Again if medical evidence supports this. You might make a request for a "reasonable adjustment" to your working hours. Though please be aware that your employer may decide to reduce your salary, quite legally, pro rata.

If you are in a trade union. They will be able to advise you on this. Some HIV support services and/or your legal representatives will be able to advise you on this in more detail.

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