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Arthritis in both knees. Only have 23 days sick leave left. Does Equality Act apply?

Sally72 Community member Posts: 2 Listener
edited November 2021 in Work and employment
Hi I was due knee replacement unfortunately covid happened which postponed this. I worked longer day through covid which has put strain on my knees. I'm in my 3rd year full time employment and have found I've used 70days of my sick pay due to knee condition and have 23 days left. I've finally had surgery but the company have said after 23 days my pay will go to half I can't afford company are fully aware of my condition and have no risk assessment in place and I tried to ask for discretion as there policy states it to be told by HR,Manager we have no discretion.  Only Occupational health informed me that my condition comes under the disability act and equality act. Is this true and should my company have done more to protect me, especially as they new I was struggling to walk. Thank you Sally72 


  • janer1967
    janer1967 Community member Posts: 21,964 Disability Gamechanger
    Hi and welcome

    The equality act does not cover aspects of sick pay

    You are fortunate to get any sick pay as this isn't a legal requirement and majority of companies don't pay any sick pay 

    As for equality act a disability is any physical or mental improvement that significantly impacts on your ability to do daily tasks . The condition is expected to last 12 months or more 

    This may mean you are not classed as having a disability if the surgery improved the condition 

    It is your responsibility to request any adjustments you may need and working extra would indicate you were coping well 
    If you were finding it hard you could have requested reasonable adjustments if they would have helped 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    You can use a benefits calculator to see if you will be entitled to any Universal Credit to top up your income.

    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Sally72
    Sally72 Community member Posts: 2 Listener
    Thank you for your help and advice 
  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,562 Disability Gamechanger
    Hi @Sally72 and welcome to the forum. I'm glad to see our members have helped answer your question!

    Feel free to take a look at any other discussions that might interest you on our Categories page. 

    Do let us know if we can help any further :)

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