Supportive and flexible management will enable most people with Crohn's or Colitis to continue working productively, and most are highly motivated to do so. However, employers should be aware that legal considerations may apply to people living with Crohn's or Colitis, as with any other long-term health condition.
Under the Equality Act, a person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
Not everyone with Crohn's or Colitis may consider themselves to have a disability. But in practice, whether or not they perceive themselves to be 'disabled', people with Crohn’s or Colitis may still qualify for protection against discrimination.
The employee's rights will not be affected because their Crohn's or Colitis symptoms fluctuate (change over time). For example, they may have periods when they have few or no symptoms and times when their symptoms are active (such as during a flare-up). The Equality Act covers fluctuating conditions; the main point is that the overall effect is long-term.
In most cases, treatment for a health condition is not considered when deciding if someone is disabled under the law. This means that employees may still benefit from the protection of the Equality Act even if symptoms are controlled by medication.
With your employee's permission, you might find it helpful to obtain a report from their doctor, either their specialist or GP. The report will inform you about their condition and whether it is likely to affect them at work.
The Equality Act is in place to protect people against discrimination at work, even people who may consider themselves not covered by the Act, such as people who are:
- Working on a casual basis
- On zero-hours contracts
- Trainees
- In some situations, self-employed
Discrimination can occur in many aspects of work such as recruitment, pay, training, promotion, dismissal and redundancy.
Discrimination can happen in different forms. It is discrimination when:
- An employee is treated less favourably than a person who is not disabled for a reason related to their disability.
- Reasonable adjustments are not made.
- A person is subjected to harassment for a reason related to their disability.
- A person is treated unfairly because they’ve complained about discrimination or harassment.
For more information about the Equality Act, see
Citizens Advice. For advice and help in resolving disputes, you can contact
Acas.