Features
FURTHER HELP As part of a recent campaign to address discrimination, the National
AIDS Trust have produced a ‘HIV@Work’ pack for employers
as a practical resource containing fact files on HIV and AIDS related
issues. This can be purchased via their |
Issues regarding HIV and employment are a trade union matter - so employees should seek union help where necessary
HIV and work: your rights
Though World AIDS Day came and went on 1 December, there are an estimated
53,000 adults living with HIV in the UK, and for these people, the reality
of their illness is something they must deal with on a daily basis.
Deborah Jack, chief executive of the National AIDS Trust, feels that many
of these 53,000 affected individuals are discriminated against in the
workplace, and says this occurs “despite that fact that anti-retroviral
drugs now available and often enable HIV positive people to lead healthy
lives”.
There are many issues that employees or job applicants must consider if
they discover that they have HIV. They may feel that the decision regarding
disclosure is one of the most difficult to make, but it is important to
know that there is no obligation for them to tell their employer about
their status, except in certain professions.
If there is a risk of exposure to bodily fluids or blood, it may be obligatory
to disclose, and individuals concerned must seek advice from their occupational
physician regarding this.
It is when HIV becomes symptomatic (ie the person begins to suffer with
one or more opportunistic infections) that problems around disclosure
may arise. For example, employees taking long periods of sickness absence
might want to explain their situation to their employer, or may need adjustments
made in the job to make it easier for them to do.
Hope Daley, national health & safety officer for UNISON, says: “Apart
from telling their managers, the need to take time off for treatment and
time off to recover from treatment are considerable concerns for those
with HIV. Other worries include the rigid dietary regimes that are linked
to the treatments, and whether the type of work they do will be affected
by their condition.”
When Mark told his employer that he was HIV positive, they initially seemed
supportive. On returning to work at the end of his sick leave, however,
his manager told him that other staff felt uncomfortable around him and
his condition may raise concerns with customers, so he was asked to look
for another job.
In Mark’s case, this type of discrimination highlights the difficulties
faced by employees with HIV when considering informing their employer
of their status. However, important changes in the law mean that employers
have increased responsibility to protect against discrimination involving
employees with HIV or AIDS, and they have a responsibility to workers
with HIV as they do to any other employee who has a life-threatening illness
or disability.
New regulations recently came into force on 1 October under the Disability
Discrimination Act (DDA) (1995), to include employers with fewer than
15 employees, and also public jobs such as the police and fire-fighters
who were previously exempt.
The DDA makes it unlawful to treat a disabled employee or job applicant
less favourably than any other employee, and requires the employer to
take reasonable steps to prevent them being disadvantaged in the course
of their work. It also protects against victimisation and harassment.
There is a new Disability Discrimination Bill, expected to be passed in
spring 2005, which will give protection for employees from the moment
of HIV diagnosis and will come into force in December 2005 (the rest of
the bill will follow in 2006). Currently, it is only those who are in
the symptomatic stages or have AIDS that are covered.
Knowing and asserting your rights at work when you are likely to be feeling
highly vulnerable and anxious may not be easy, and it is imperative that
as much support as possible is received to help make decisions and protect
the employment position. Issues regarding HIV and employment are a trade
union matter, and so employees should seek union help where necessary.
In extreme cases, employees with HIV have been dismissed from their job,
though when discrimination occurs, according to UNISON’s Hope Daley,
pressure to resign is a more likely occurrence. In a situation such as
Mark’s, where he was forced to leave his job under duress, UNISON
would urge members to obtain advice from their steward or representative.
Daley feels that it is extremely important for employers and member branches
to have their policies in place before there is a need to use them. This
means an individual disclosing their HIV status will not appear or feel
responsible for any ‘special arrangements’ or ‘new’
adaptations to the work, and which could add to feelings of stigmatisation.
Deborah Jack, of the National AIDS Trust, says: “We would like to
see more employers helping to put an end to HIV related discrimination
by ensuring that they are compliant with disability discrimination law.”
Story by Andrea Wren
|
WHAT YOU NEED TO KNOW The Disability Discrimination Act 1995 prohibits discrimination
at any stage of the employment process, from recruitment through
to termination. |
LOTS MORE FEATURESIncluding stress in the workplace, getting out of debt and the pensions crisis more... |
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