What is immunosuppression?
Immunosuppression is a reduction of the activation or the efficacy of the immune system. Generally immunosuppression is deliberately induced to prevent the body from rejecting an organ transplant. It is also used for the treatment of auto-immune diseases such as lupus, rheumatoid arthritis and Crohn’s. Non-deliberate immunosuppression can occur in many types of cancer and HIV.
Is it a disability?
As with any health condition the first question is, is being immunosuppressed a disability?
It might be and is subject to the usual limbs of the section 6 Equality Act 2010 test:
- Is it an impairment?
- Is it long-term or likely to last?
- Does it have a substantial adverse effect?
- Does it impact normal day to day activities.
What causes immunosuppression?
The causes of immunosuppression will differ. You may have Multiple Sclerosis and be immunosuppressed by reason of this condition. If you do have MS you do not have to meet the section 6 definition test. MS is one of the few automatic disabilities. The same goes for cancer and HIV. For all other impairments the test is in play.
What do reasonable adjustments look like?
If your impairment meets the definition you are entitled to ask your employer for reasonable adjustments in the workplace. These might include things such as:
- Avoiding rush hour commuting during the flu season (you will have less defence against infection).
- More home working where your drug regime is under review and your immune system needs to settle.
- Time off for annual flu and Covid vaccinations to protect you from infection.
- Situating your desk in a corner or by a window so that if others in the workplace do attend work with an infection you are less exposed to them.
- Having your own workstation rather than using a desk that others use so that you know it is clean and unlikely to be germ-ridden from others.
- Being able to work from home if there has been an outbreak of Norovirus in the office.
How much do reasonable adjustments cost?
Most reasonable adjustments come at little to no cost and involve being a bit more thoughtful in relation to an employee who has a long-term health condition. There should be as few obstacles as possible in the workplace to prevent them from full and effective participation in the workplace.
The best way to manage reasonable adjustments?
Ask the person who needs them to make suggestions and if they cannot come up with any then the employer is not necessarily required to make any.
Avoid formal processes
An avoidance on formal processes is best adopted. People with health issues don’t want to ask for help but they may need to.
Talk is best
A simple conversation with open ears and a willingness to help is far better than a formal process that just prolongs the pain for everyone.
This blog was written by Karen Jackson, CEO & Partner at didlaw.
