What are the barriers to employment for people living with HIV in the UK?
Is there legislation that prevents discrimination in the workplace for people living with HIV?
Yes, in the UK we have recently seen amendment to the Disability Discrimination Act to see HIV as a named condition covered from point of diagnosis. Previously it only covered people who had symptoms of the virus. This legislation is only applicable to people who disclose their HIV status to their employer.
Are there any jobs not open to people living with HIV in the UK?
There are very few jobs that are not open for people living with HIV, but there may still be individual restrictions still to be challenged under the DDA (such as some safety critical roles such as pilots). An exception are jobs that involve Exposure Prone Procedures (where a sharp instrument is being used on a body, with the hands out of sight) this is generally restricted to areas such as surgery and does not prevent doctors, nurses or other health care professionals infected with HIV carry out other duties.
Do people living with HIV have to disclose this to their employer?
No. there is no legal requirement for people to disclose their HIV status. However, there is no restriction on employers asking this question and this can put applicants in a difficult position. If they do not tell the truth it may be considered a breach of their employment contract, but if they do not answer it may imply a positive response.
Can an employee be dismissed from a company if they disclose their HIV status?
Not legally as this would be covered under the Disability Discrimination Act. However, unfortunately we do have cases of employers discriminating against employees who disclose their status or finding other ways to terminate their contract.
Are financial benefits affected for people living with HIV?
Unfortunately, this may be the case. Some benefits such as pensions or others that do not ask for medical information would not be affected. However, it is still not possible to get life insurance and it is more difficult and costly to obtain travel insurance and some other benefits.
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