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Hidden disabilities - why you should declare them to your union

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TrueBlueTerrier
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Hidden disabilities - why you should declare them to your union

Post by TrueBlueTerrier »

https://www.cwu.org/news/hidden-disabil ... our-union/

Union Matters, Health & Safety, Equalities December 9 2021


Mark Anthony Bastiani and Jonathan Bellshaw are the elected NEC leads for CWU members with disabilities. Here, they explain why it is important that members disclose their hidden disabilities to the CWU…

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‘Why should I declare?’ is a question our representatives often hear from members when we ask why they have not disclosed their disability. And the sad fact is, that all too often, this conversation takes place when a member is facing possible disciplinary action over something which may have been connected with their disability.

When we use the term ‘hidden disabilities’, we mean of course those that are not immediately apparent or obviously visible and it is extremely important that members know, and are aware of, their legal rights in this respect.

Under the Equality Act 2010 – the Disability Discrimination Act 1995 in Northern Ireland – employers are legally obliged to consider making reasonable adjustments where appropriate for their employees with disabilities, but only if they know or could reasonably be expected to know of the disability.

Employees are of course under no obligation to disclose a disability to their employer. But if a member, at some point, faces a disciplinary situation over an issue that may have been connected with their disability, and if that disability has not been registered by that member, then it is unlikely to be taken into consideration during the disciplinary process.

CWU members can register or disclose their disability with the union and this information will be held in strictest confidence and it will not be disclosed to their employer, or to anyone else, without the member’s express permission.

There are good reasons why it is important and in members’ best interests to declare this information to the CWU. Firstly, it means that the union is then able to help and advise on disclosing the disability to the employer if the member decides to do so and in pushing for appropriate reasonable workplace adjustments.

And secondly, knowing more about our members with disabilities enables the union to improve our ability to represent members with these different conditions.

On our current national membership database, the number of members who have indicated that they do have a disability is just under 2,000. This figure represents slightly more that 1 per cent of our total membership, which is considerably below the 19 per cent of people in the UK of working age who have a disability according to the Government’s most recent Family Resources Survey.

This indicates to us that there may be a significant number of our members with a disability that the union is not aware of, or who have developed a disability since they first joined the CWU.

As a member, you can declare and/or update your disability status by speaking to your branch secretary, or, if you know your membership number you can log onto the members-only section of the CWU website and change or update it yourself.

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geordieboy123
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Re: Hidden disabilities - why you should declare them to your union

Post by geordieboy123 »

Well, I tried and I can’t find it on the website
Dindin
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Re: Hidden disabilities - why you should declare them to your union

Post by Dindin »

Does diabetes count?
General Mannerheim
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Re: Hidden disabilities - why you should declare them to your union

Post by General Mannerheim »

I wouldn't bother informing the union as they don't help you at all, i've had to go to two tribunals for reasonable adjustments the union did feck all. :roll:
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
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POSTMAN
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Re: Hidden disabilities - why you should declare them to your union

Post by POSTMAN »

Dindin wrote:
11 Dec 2021, 20:16
Does diabetes count?
Various searches say this...
Under most laws, diabetes is a protected as a disability. Both type 1 and type 2 diabetes are protected as disabilities.
I Wrote-During Covid-Which is still relevant now
It's good to get these types of threads, the ridiculous my manager said bollox, so we can reassure ourselves that while the world is falling apart, Royal Mail managers are still being the low-life C***S they have always been.
My BFF Clash
The daily grind of having to argue your case with an intellectual pigmy of a line manager is physically and emotionally draining.
redlen
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Re: Hidden disabilities - why you should declare them to your union

Post by redlen »

The question to ask is what is the point of disclosing to a trade union in confidence if the employer does not know of your disability??
To be blunt, it means squat legally in my own opinion.

How can the employee claim it has discriminated against them against because of their disability if the employer is unaware at tribunal?

What if the disability not disclosed has had a serious detrimental impact on other employees and those not in the employees' business?

Cancer, type 1 diabetes and HIV are all protected characteristics.

If you know your disability will have a future detriment on your work capability, as in progressive and you do not declare that disability, The Equality Act might not apply.

An example being Article 7 HSWA 1974.

General duties of employees at work.

It shall be the duty of every employee while at work—

(a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

(b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
Chelseablue
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Re: Hidden disabilities - why you should declare them to your union

Post by Chelseablue »

They dont care end of .
greengiant
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Re: Hidden disabilities - why you should declare them to your union

Post by greengiant »

What if you have long term issues (18 month), but no actual firm diagnosis yet from a consultant , apart from a "possible diagnosis"
redlen
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Re: Hidden disabilities - why you should declare them to your union

Post by redlen »

Section 20 Equality Act 2010

You do not need any diagnosis to be covered under the Act. Only an Employment Tribunal can make that decision
weary_posty
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Re: Hidden disabilities - why you should declare them to your union

Post by weary_posty »

Back in my rep training days we covered disability & equality act

From memory I think anything recurring for over 12 months is covered and considered “long term”. Best to keep your manager and union up to date to give them the opportunity to make adjustments if needed.
greengiant
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Re: Hidden disabilities - why you should declare them to your union

Post by greengiant »

weary_posty wrote:
27 Dec 2021, 09:16
Back in my rep training days we covered disability & equality act

From memory I think anything recurring for over 12 months is covered and considered “long term”. Best to keep your manager and union up to date to give them the opportunity to make adjustments if needed.
That is what I have been doing, while i have had a redeployment, i do expect a cheerio soon. :mad