Day-to-day activities are normal activities carried out by most people on a regular basis, and must involve one of the following broad categories
· mobility - moving from place to place
· manual dexterity - for example, use of the hands
· physical co-ordination
· continence
· the ability to lift, carry or move ordinary objects
· speech, hearing or eyesight
· memory, or ability to concentrate, learn or understand
· being able to recognise physical danger"
'continence' is one of the automatically qualifying conditions. The three most common types of stoma, colostomy, ileostomy and urostomy, are all classified as 'incontinent stomas' since the person has not voluntary control over their 'working', whereas a catheterised stoma, such as a Koch pouch, modifies continence form normal, requiring the use of a catheter to empty the pouch. All of the above are covered by this definition and are legally classed as 'disabled' so enjoying protection under the act.
Further, those with reconnect surgery are also covered under this section because their continence is modified by the need to use the toilet more frequently. For once it seems, an act has been cleverly worded to include all of the people it is designed to protect - that includes us!
For the act to apply to you, you must inform either your manager or HR that you are covered by the act - best to give this in writing and ask that one copy of it be signed and dated by the person you give it to as proof that the firm/company or w.h.y? are aware and have been informed. Your letter should state that you are covered by the DDA as a result of a continence issue and say which sort of stoma you have - this can save problems later over the 'We weren't fully informed'. You should also include what allowances you require (and please note, this is a legal requirement on the company) to allow you to work for that company. These might include access to a disabled toilet with changing facilities for you to change your pouch and clothes in the case of a leak with a clinical waste bin in the toilet for you to dispose of soiled stoma products. You would also say that you require to be allowed to use the toilet whenever your stoma requires emptying or attention. This is particularly relevant for, say, a call centre, where leaving one's phone is frowned upon and toilet breaks are recorded. You should also state that your toilet breaks may require a longer time than a non-disabled person because of the difference in time required to attend to your stoma. Just to be complete, you also should state that you require time off during working hours to attend follow up appointments at the hospital for check ups on your stoma. In my case, this is every six months for each of my stomas. {I'm greedy - I have urostomy and ileostomy these days.}
It is best to 'set out your stall' with regard to what you need at the start of claiming coverage so that the management are fully aware of the consequences. They cannot sack you for this, by the way, as you are protected by the DDA and would have a right to go to an Industrial Tribunal where the company would be found to be in breech of the Act - that's why you need to be as up front about your needs as possible.
In summary, inform your company in writing and get a signed and dated copy. The Act is there to protect people with stomas.
By Terry Gallagher
Terry can by contacted via Email at: Terry@ostomylinks.co.uk
or via Shaz's Ostomy Pages Message Board: Click here
