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May 17, 2016

Coverage for Colostomy under Disability Equality Act?

This topic is about understanding whether having a permanent colostomy is considered a disability under the UK Equality Act 2010, and what rights or protections might be available. Here are some helpful insights and advice:

1. Registration & Definition of Disability
- While formal registers of disabled people are mostly gone, some local areas like Hertfordshire and Oxfordshire still maintain them under older laws.
- Under the Equality Act, a disability is a physical or mental impairment that is substantial (more than minor or trivial) and long-term (lasting 12 months or more). A permanent colostomy can qualify if it significantly impacts daily activities.
- Each case is assessed individually, and having medical evidence from a GP or consultant is crucial.

2. Building Your Case
- Document all the ways your stoma affects your daily life, such as needing access to disabled toilets, having lifting restrictions, or the risk of hernias. Present the worst-case scenario when seeking recognition or adjustments.
- Get written support from your GP or specialist before meeting with Social Services, Occupational Health, or management.

3. Workplace Rights & “Reasonable Adjustments”
- Employers are required by the Equality Act 2010 to make reasonable adjustments, which might include reassigning you to lighter duties, changing shift patterns, or providing private facilities for pouch changes.
- The Health and Safety at Work Act 1974 requires employers to protect employees from injury, so forcing heavy lifting after multiple hernia repairs could be a breach of this duty.
- Keep all requests and responses in writing for evidence.

4. Union & Legal Support
- Involve your union representative early, as your Collective Bargaining Agreement might offer additional protections beyond statutory law.
- If discrimination persists, you can take your case to an Employment Tribunal, but be aware of time limits.

5. Confidentiality Breaches
- If a manager shares your personal medical information without consent, it may violate data-protection and equality laws. Address this formally through HR or union channels.

6. Helpful Resources
- For guidance on the Equality Act disability definition, visit: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85038/disability-definition.pdf
- For a guide to workplace adjustments, check: https://www.equalityhumanrights.com/en/multipage-guide/employment-workplace-adjustments
- For dealing with discrimination in employment, see: https://www.equalityhumanrights.com/en/multipage-guide/dealing-discrimination-employment
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