pacemaker 2 lead ( Equality Act 2010) uk, case history required

Hi

Does anyone in the UK have experience with regards the criteria in respect to the UK Equality Act 2010 ( relating to the disability act)

In brief.. Employer sacked me after determining without risk assesment that my pacemaker was incompatable with my work)

I have started the business of suing them, but they will fight the case unless I can prove that the pacemaker is covered by the Act.

( I am not refering to the matter of benefits)

I am aware of the need to prove that I had a "substantial impairment" and the required proof is for the cardiologist to write a letter explaining what he considers were my impairments prior to the pacemaker.

Therefore I am after case history, to forward.

 

 


6 Comments

A Suggestion

by IAN MC - 2020-01-31 16:18:39

I am really  sorry to read of your situation.

I am in the UK and , if I were you,  I would try ringing the British Heart Foundation on their helpline number  0300 330 3311. As you probably know the B.H.F. is a UK charity which does excellent work in helping people with ALL aspects of their cardiac problems. Also, If you hunt around on the BHF website you may find some useful information

I know that employers are legally-bound to modify work to cater for  employee-acquired " disabilities " , but obviously having a pacemaker interferes with  very few occupations . In the real world there are few situations where having a pacemaker is anything like a disability.

I hope that they can give you useful information. They may even have relevant case histories.

I am curious,  what type of work do you do ?

Best of luck

Ian

Disability Act

by Graham M - 2020-01-31 17:38:18

I am also in the UK  and as a laboratory manager in an NHS hospital, I occasionally come across the 2010 Act.

May I suggest you read a document called:-

Equality Act 2010 Guidance on matters to be taken into account in determining questions relating to the definition of disability.

 It is a governmet document and is available on-line, but is 60 pages long and takes a lot of reading.  However it is written in easy to understand language (not legalese).

It doesn't mention pacemakers specifically, but cardiovascular diseases can be classed as a disability.  Having a pacekaker may classify us as persons who used to have a disability.

I don't suppose I need to advise you to get a good solicitor or contact your Trade Union or Professional body if you have either, but Id like to wish you good luck with your case.  I hate employers who don't treat staff decently, so I'm rooting for you.

Graham.

 

Let us know

by dwelch - 2020-02-01 22:36:58

Please keep us up to date on this.  I am not in the UK but, granted it depends on your condition, a pacemaker is not a disability it is a solution to a dsiability, like glasses or a wheelchair, etc.  But even if you have a disability I would hope there are provisions for that.

As mentioned above there are very very few situations where a pacemaker is an issue.

Dont know about there but here in the US in general you consult a lawyer about the law, they should be able to figure it out quickly.  Could even go so far as to find one/some that have litigated that act specifically, a short consultation with them should result in a clear go/no-go.

Good luck.

Keep up the pressure

by Gemita - 2020-02-02 05:47:06

I am very sorry to hear that you have lost your job without seemingly any real assessment as to the ‘actual’ risks of having a pacemaker in your former work environment.  

I am unclear from your post whether the term used by your former employer of ‘your pacemaker being incompatible with your work’ meant that your former employer was concerned for your own safety to carry out the work “without danger" in such an environment or whether they were only concerned that you might not be able to “perform” your duties reliably because of your pacemaker and/or health conditions ?

Clearly if it is the latter, a letter from your cardiologist confirming the effectiveness of your pacemaker treatment and your symptom relief should provide a strong case for unfair dismissal.  

You mention that you need to prove that you had a substantial impairment requiring a pacemaker, to add weight to your case.  Is your former employer suggesting that your need for a pacemaker was not absolutely necessary?  Being in the UK and knowing the hurdles I had to overcome and the evidence I had to present to my doctors to prove I was experiencing syncope/arrhythmias before a pacemaker was recommended, I have no doubt that on this point your cardiologist will set out clearly why your pacemaker was needed.

I wish you luck.  Get all the help that you can as others have said.  Don’t forget your local citizen’s advice bureau is a good place to try as well too.  A good supporting cardiologist will be essential here, as well as your own GP, plus any advice from your pacemaker clinic, hospital patient support group. You need to get as many on your side as possible.  Were there any pacemaker employees in your company other than yourself that you could speak to??  This may be difficult of course and they may not wish to get involved.  This may be a long process 51MoN, but I hope the outcome will benefit you and others in the future.

equality act

by 51m0n - 2020-02-02 06:27:37

Thanks all for your comments.

The case is live and ongoing so I am unable to comment on the nature of my work or identity. After all we are in a public place!

I have already read all the documentation that I have been refered to.

I already have a letter from the cardiologist which says that there was no risk.

But when it comes to the law and suing an employer, I first have to prove that my case meets the criteria of the Equality Act, I am not able to reach the next stage or bring forth any evidence until I have first proven the pre-requisites.

I have a solicitor involved on an ad-hoc basis, but as you can appreciate at £240/hour, I have to do all this work myself.

In employment tribunals in the UK, each side is expected to pay there own costs. 

I have not found another job at 62 and within months may be homeless as unable to keep up the mortgage.

There is no legal aid available and I had no insurance policies.

A case history to refer to would make things a lot faster and avoid thousands of pounds in costs to fight this claim, no point in re-inventing the wheel if someone else has done the same.

Regards to all

 

 

equality

by new to pace.... - 2020-02-02 14:04:49

after reading your last comment sounds more like  age discrimiation   removeing you from the job and hiring someone younger for less pay.  They were just waiting for something, since you were problably doing a good job.  An they had no reason to let you go, 

mary

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