At work with MS At diagnosis
Can work continue?
- Don't make decisions in a crisis
On receiving a diagnosis of MS, family, friends and even health professionals might give advice to stop working. This could be because they do not understand the nature of MS or because they want to protect you from stress. People who make big changes or leave the workforce either on diagnosis or at the first major relapse may regret doing so.
I reduced my working hours for two years after I was diagnosed - this was done within 24 hours of requesting it. It took me two years of continual requests to increase my hours back to full time when I was ready - this was very stressful.
This is thought to be one of the reasons that, even though many people with MS never experience symptoms severe enough to stop them working, studies have estimated that within fifteen years of diagnosis 80% are likely to be unemployed.
When first diagnosed the consultant neurologist suggested, 'Don't take major decisions till you have got used to it.' This was really good advice.
During a relapse or at diagnosis, symptoms may appear to be overwhelming and it can be difficult to see the way ahead. Decisions made in a crisis may not provide the best long term solutions and it is advisable to wait until the crisis is over to explore fully all the options available to you. Whilst you may not be able to see the way forward, other people will have a different perspective; seek advice from someone knowledgeable about MS before you make any major decisions, for example your MS specialist nurse or occupational therapist.
When I was diagnosed with MS it was a real wake up call. I was doing a job I didn't feel was challenging me anymore and the commute was really long – I made a change and it couldn't have been better.
On the other hand some people find that a diagnosis of MS can be a good time to really take stock and reassess life, including work.
Employment rights
- What are they?
The Equality Act 2010 replaced and extended the Disability Discrimination Act. This Act protects anyone who has been diagnosed with MS from the time of diagnosis (whether or not they are currently experiencing symptoms) against unfair treatment and discrimination in the workplace where this is related to their condition.
The Equality Act gives people with MS the right not to be discriminated against:
- when applying for a job – employers cannot ask a job applicant about their health unless and until the applicant has been offered a job
- in the way you are treated by your employers and colleagues
- in opportunities for training or promotion
- in being selected for redundancy.
One of the key provisions of the legislation is that employers are expected to consider making 'reasonable adjustments' to tasks or premises for staff covered by the Act. There is no precise definition for what constitutes a 'reasonable adjustment' but examples include improving accessibility, changing working hours or supplying specialist equipment. There is more about this in the section What adjustments can be made?
There are some exclusions under the Equality Act and these are people working in the Armed Forces, elected councillors, and certain employees who work on board a ship, hovercraft or aircraft.
Who needs to be told?
People with a driving licence who have been diagnosed with MS must tell the Driver and Vehicle Licensing Authority (DVLA). They will send you a questionnaire to assess the impact of MS on driving performance. The DVLA may need to talk to your doctor about your condition. If there is no medical reason to prevent someone driving, a full licence will be retained. If your job requires you to drive, for example if you drive a heavy goods vehicle or passenger transport, you must inform your employer.
Some employment contracts specifically request that you tell your employer and so it is important that you check.
The decision whether or not to tell your employer can be difficult but you cannot access any adjustments unless you have disclosed that you have a condition covered by the Equality Act. This is explored more fully in Telling your employer that you have MS.