Wilfull negligance and KC?

[John Smith]

I agree with Gareth that the comment your employer made was indeed discriminatory, Steven.

However, whether it breaches the DDA depends on your personal level of disability, in my experience this means that an occupational health doctor has decreed that I am indeed covered by the DDA, but this is not true for everyone.

It is of course a matter of personal choice; but I'd ALWAYS recommend informing your employer about your KC. They can do nothing to help you (and obviously will not do it either) unless they are aware of your condition. And you potentially lose the vital help of the Disability Discrimination Act if the employer cannot act because you have failed to inform them.

(Gareth or Mandy - can you confirm this bit?)

[Steven Williams]

John Smith states:-

I agree with Gareth that the comment your employer made was indeed discriminatory, Steven.

I disagree with you both John. It would have been discriminatory if I had explained I use the train rather than the car because the medical experts have informed I must not drive as my corrected vision with glasses/contact lenses/a graft etc
does not provide a level of vision which satisfies the legal limit. That is yet to happen with my situation.

The reason I used the train was it was an hours drive to the place of work and the return journey, night winter driving, poor busy roads with fast moving commuter traffic presented a worst case scenario for someone with KC.

However, whether it breaches the DDA depends on your personal level of disability, in my experience this means that an occupational health doctor has decreed that I am indeed covered by the DDA, but this is not true for everyone.

What level of KC progression/threshold is it when you become protected by the DDA?

IMO the DDA and OCTs should have been explained to me by those who had a professional medical duty of care to look after me. That sadly has never happened for me and it is only thanx to self help websites like this that you can educate yourself and discover what you need to know as someone with KC.

It is of course a matter of personal choice; but I'd ALWAYS recommend informing your employer about your KC. They can do nothing to help you (and obviously will not do it either) unless they are aware of your condition. And you potentially lose the vital help of the Disability Discrimination Act if the employer cannot act because you have failed to inform them.

(Gareth or Mandy - can you confirm this bit?)

In a perfect world, were there are unlimited “reasonable hourly paid â€Â

[piper]

to Steven Williams.........with all due respect, sir, please use simple BLACK lettering. Your BLUE lettering is pretty. Actually it is pretty HARD TO READ. With KC contrast is a major issue. I Hope I'm not the only one here that has trouble with this. Gosh, when I stop being NORMAL here, can I be NORMAL anywhere???

Thanks Steven.


Cheers, Piper

[GarethB]

When I applyed for my first job as an idustrial placement at Uni I was only sighted in one eye and partially sighted in the second grafted eye.

Only just legal to drive, fully declared my KC and git the job.

I have had many jobs, always declared KC and the transplants and from applications I have a 90% success rate in getting an interview. Of all those applications I have an 80% success rate in getting the job.

In 2004 it was very unclear if I would be able to work in a laboratory, but because I had always declared my KC they new what I was capable of and refused to consider my idea of working in another departemnt doing a desk job until it was definite I could not work in the department I had done for the past three years.

I think it is a very high risk strategy to avoid informing an employer of a medical condition until it becomes a problem. The bottom of all the applications I have completed state that failure to disclose everything could result in the termination of a contract.

[Andrew MacLean]

Although I now work in the charitable sector, I have had jobs in the private sector and always declared my eye condition. I always found employers willing to go the extra mile (even before DDA) to make sure that I was able to function in the workplace.

My own approach was always to assume that other people wanted to do the right thing. when I gave them the opportunity to do so, they never disappointed me.

It really is not the responsibility of health care professionals, but of the individual to know how well or poorly he can see and function. If anyone thinks he or she is becoming disabled and needs reasonable adjustments to their workplace to be able to continue, then Occupational Health is the place to go first.

Access to Work (part of the department of Employment), along with the employer will then fund any changes to the workplace that may be necessary. It obviously remains the responsibility of the employee to make sure that he or she gets to the workplace on time.

As Jay's strapline suggests, we all have to deal with the situation in which we find ourselves.

Andrew

[Susan Mason]

Hi all

This really is a tricky one. To go public with the fact that you have KC or not. Personally I would say yes you should however, I would then hold on real tight just in case and I speak from personal experience.

What employers don't understand or do not feel like making time to understand sometimes gives them them tact of sailing very close to the edge as far as DDA goes.

In most cases I feel this can most likely be tracked down to managers who are going all out to ensure costs and budgets are met with as little disruption as possible. And as long as they say the right phrases/don't keep too many records they get away with it.

Maybe this is because not enough of us stand up for ourselves?

As for getting a new job, well I have had my current one for approx 17 years 5mths and have only know about my KC for the last 6 years. I ccertainly would feel worried if I had to suddenly find myself another job. I have certainly seen several examples of the job being given to the one who was most flexible which in some cases rules you out if you vision with KC is poor. As for how they get around it well obviously it is flowered up, buget restrictions department reshuffles, your have too much experience etc etc. Not always is everything on a level playing field.

However, not ALL companies are like this.

It's just a balancing act finding out how much information to pass on. Currently I sometimes find myself in a position where I worry I may not see clearly all day before it actually happens as I fear how/what reaction I will receive and yet I am still handed written documentation with the throw away comment 'Oh you wont be able to see that will you?' ......... Well if they know that why give it to me and phrase it in that way. Why not try:- 'Hi I have this for you I am not sure how you will find it can I/we do anything to improve it for you?' Not much is it?


Any way I won't rant on as it is not 'positive' what I felt important to comment on is that most likely for each one of us who has no issues with our employers there will be someone who is banging their head against a brick wall with theirs aand as previously mentioned we all have families to support in one way or another.

best wishes

Susan

[John Smith]

Indeed, you have a point Susan.

I've been in my job for 19+ years now, and my KC became a problem about 9 years ago.

I must admit that (apart from the possibility of a large payout should I be made redundant) I would be less likely to leave my employment because of the potential hassles in finding a new one. Of course, that's largely because I work in IT and I'm over 40 ; but also because of my KC if I'm honest with myself.

[Mandy]

Sorry guys to add to what is already a long thread but John did point out to me today that I didn't respond!

So, to throw in my bit, and with my Employment Lawyer hat on, I agree with John that you should disclose to your employer your condition otherwise they wont be able to help you. Also, an employer will want to protect themselves and ensure that they have made reasonable adjustments which can only benefit the employee.

Further, I might add that you may think that you can manage without telling your employer, indeed I don't know how I actually did my job for so long with poor vision but I wasn't working efficiently. If you don't tell your employer and you are not working efficiently, they may try and performance manage you out of the organisation.

In my experience, as soon as an employer knows that you have this condition which is or could potentially fall within the definition of "disability" under the DDA 1995 (remember the definition is a legal one) they are generally quite scared as there have been some cases in the last few years where employers have got burnt quite badly in their management of employees with a disability.

Of course, I can understand why an employee would be scared and would not want to disclose their condition to their employer but in my opinion its better for you and your employer just to be aware of it even if its not causing you a problem now and you can manange fine.

Mandy

[GarethB]

Thanks Mandy for the clarification.

[Steven Williams]

Thanx for your reality contribution Susan.

I would be less likely to leave my employment because of the potential hassles in finding a new one. Of course, that's largely because I work in IT and I'm over 40 ; but also because of my KC if I'm honest with myself.

Thanx for the honesty John.

A response to some of those difficult unanswered questions I have raised would be interesting.

Piper I did some remote viewing and reverted
to black writing before you sent your blog! Sorry about the blue nobody else have complained. Do you have self help KC website forums in the US of A?