Solicitor Speaks in Commons on Health and Employment Issues of Endometriosis

Medical negligence solicitor, Daniel Phelps has been in the House of Commons speaking on endometriosis and how it affects an estimated 1.5 million people in the UK, often during their most productive working years.

Daniel and his partner Lucy are members of Endometriosis Awareness North, a charity set up to raise awareness.  They were joined in the Houses of Parliament by Lewis Atkinson MP, Parliamentary Labour Party Backbench Lead for Health and Social Care, Elsie Blundell MP, Kirsteen Sullivan, MP and Chair of the APPG for Endometriosis and Steve Yemm MP, as well as GPs and other medical professionals.

Health and Employment issues of Endometriosis

Whilst Daniel was speaking from a personal point of view and from a medical perspective, it does also raise employment law questions in a similar way to menopause, as employers continue to play a catch up game on health issues.

“My role was to discuss the impact of Endometriosis in three areas; caring for Lucy in a flare up, looking after our two children and how the workplace is impacted.

“In the Commons I spoke about the disparity regarding the standard of care throughout the NHS regarding the condition even within a relatively small sample size. In my work as a medical negligence solicitor I have seen first hand the different policies and procedures followed between Northern Care Alliance NHSFT and Manchester University NHSFT.
“If there is such a difference between how a condition is treated a mere 10 miles away from each other, how does the care in the North West compare to the rest of the country?” added Daniel Phelps.

“I put it to the MPs that the issue regarding endometriosis at a policy and treatment level is a lack of funding.  For many managing the condition in the workplace can be a significant challenge as pain, fatigue, and the unpredictable nature of symptoms may impact attendance, performance, and job retention and this makes it essential to understand how UK employment law intersects with endometriosis, and we are all aware what rights and protections are available to employees,” he said.

What Is Endometriosis?

Endometriosis is a chronic condition where tissue similar to the womb lining grows in other areas of the body. This misplaced tissue continues to act as it normally would - thickening, breaking down, and bleeding with each menstrual cycle - but with no way to exit the body, it causes inflammation, scarring, and sometimes the formation of painful cysts, often causing chronic pelvic pain, fatigue, painful periods, bowel and bladder issues and infertility.

Symptoms can be severe and vary in intensity, often disrupting daily activities, including work.

Legal protections for employees with Endometriosis

Employees who suffer from endometriosis may have protection pursuant to various provisions of the Equality Act 2010 relating to disability discrimination and sex discrimination.  Whilst endometriosis is not automatically classified as a disability, it can meet the legal definition of a disability under the Equality Act 2010 if it has a "substantial" and "long-term" adverse effect on a person’s ability to carry out normal day-to-day activities.

If endometriosis qualifies as a disability then employers have a duty to make reasonable adjustments, such as flexible working hours, working from home during flare-ups, rest breaks, adjusting an employee’s role or duties or access to nearby toilets.  Failing to make reasonable adjustments can lead to claims of disability discrimination and of course it is unlawful to discriminate, harass, or victimise someone because of a disability.

Frequent short-term absences can trigger absence management procedures, but employers must handle these sensitively and fairly—especially if the absences relate to a potential disability.

Employers also need to be aware that that employees suffering from endometriosis also have protection pursuant to the sex discrimination provisions of the Equality Act as endometriosis only affects women and those assigned female at birth.  This can be particularly relevant when dealing with applications for flexible working arising out of problems caused by endometriosis, even if the condition does not qualify as a disability.

“Taking a proactive approach to eliminating the disadvantages in work caused by endometriosis such as, seeking advice from occupational health professionals, and providing manager training on chronic health conditions can improve retention and employee wellbeing, which can only be a good thing for business owners,” said Partner and Head of Employment, Alan Lewis.

“Employment law provides a framework to support affected individuals, but awareness and understanding - especially from employers—are key to ensuring those with endometriosis can thrive in their roles without fear of stigma or discrimination.” he added.

How can we help?

For legal advice contact Pearson Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

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