Government guidelines, AIDS and the Workplace, state that:

“HIV infection alone does not affect people's ability to do their job until they develop illnesses that make them unfit ... If they later become ill, they should be treated like anyone else with a life–threatening illness. Only if their illness affects their ability to do the job should their employer seek medical advice.”

If you are dismissed because you are unable to do the job, the employer must have sufficient evidence upon which to base the decision. This involves, preferably, both a report from the employee's doctor and an examination by a doctor on behalf of the employer.

Or, if you are physically unable to carry out your contractual job, then the employer should consider the possibility of a move to different duties. The likelihood of there being suitable alternative employment will depend largely on the size of the firm involved. Furthermore, there is no duty for the employer to create alternative employment.

Seek legal advice if your employer is causing you difficulties in relation to time off for sickness.

Dismissal

If your employer sacks you, call ACAS or seek other sympathetic legal advice immediately. Time can be a very important factor in legal proceedings.

If you are in a trade union, contact your shop steward or representative.

If your employer asks you to resign, seek legal advice first before you make a decision.

Remember, if you resign from your job (even under pressure) you will most likely lose social security benefits for a period of time and you might not be allowed to bring a claim for unfair dismissal.

Contact ACAS 08457 47 47 47 for detailed information about employment rights or call one of the HIV organisations.