Career Clinic: Will disclosing my diagnosis make a difference?

Get a second diagnosis before you disclose anything.

Anonymous -29 Jun 2009 | 14:24

To the poster above, there is normally no need for a second diagnosis with MS, it's a very complicated diagnosis to make and not made lightly.

Anonymous -29 Jun 2009 | 16:23

First, I am sorry about your diagnosis: it must be a lot to cope with, let alone also worrying about redundancy and telling your firm. Coming to the question, I won't give you a morality lecture on the "right" thing being to tell your employer as I am not sure that is always the case. However, if your condition is affecting cognition and causing fatigue, I am not sure how you can avoid telling your firm (unless you are able to get some form of competency sign-off from your doctor) as you could put the firm and (more importantly) yourself outside the bounds of any PI cover held by the firm if you do not. Further, if you are going to need extra support, it is important for your future wellbeing that it is in place. I appreciate that there is a risk you might place yourself in the firing line for redundancy (whatever the law says) but hopefully any decent law firm would act responsibly over this, especially if you have worked there for a considerable period. Good luck.

Associate -29 Jun 2009 | 16:53

Although I'm led to believe that MS isn't life limiting (mainly through watching the West Wing), shouldn't you use this diagnosis as a wake-up call - life is too short to spend trapped in an office doing a mundane job.

Or tell your work (make sure it's all very official), then get made redundant, then sting them for a big payoff for unfair dismissal.

Anonymous -30 Jun 2009 | 10:51

I recently disclosed my MS as my symptoms and frequent medical appointments meant that I felt I needed too. So far work have been supportive but I would also say that since disclosure my symptoms are minor and there is little for them to be supportive about.

The one thing I have learned though is that I'm not going to be a hero anymore and I'm not coming into work next time I have a significant relapse.

Anonymous -30 Jun 2009 | 11:39

An additional complication here is that you will need to inform your private health insurers (assuming this is provided by the firm), otherwise you may be unable to claim for any treatment you require. If you can tell the firm's insurers without necessarily letting your department know, this might be the best way forward until you feel your symptoms are affecting your work (when I think you would have to tell them).

Anonymous -30 Jun 2009 | 14:02

HR?

I thought HR would deal with any discussions with you in the strictest confidence? So maybe you can speak to HR and get advice about what would be the best course for you in terms of your health and work. HR would not inform your supervising partner... would they?!

Metallica -30 Jun 2009 | 14:44

I would be really surprised if PI cover was invalidated for either the firm or employee because an employee hadn't disclosed a medical condition. It could be invalidated if you fail to disclose an actual mistake you have made that could lead to a claim - but that is clearly not the same as just having a medical condition.

Red Rose -30 Jun 2009 | 17:51

Bad luck. I suspect telling the firm would put you into a holding pattern. I doubt they would elevate you to partnership, but equally doubt they would risk making you redundant.
Not telling them increases the risk of being managed out or made redundant as you are bound to take more time off and have more unproductive days than you otherwise would; unless they know you have MS they will infer that you are lazy or useless rather than suffering from a medical condition. I'd tell them.

Dullard -01 Jul 2009 | 09:53

What kind of work do you do? I have a dear friend who was diagnosed with MS years ago, when she told her doctor she was a lawyer he asked her what she did (non-contentious) and observed that had she been a litigator, he would have advised her to stop, as the stress makes the illness worse. She also had to phase her commute to work in the City to avoid rush hour. I'd say disclose now to avoid endless explanations about "off days". Good luck.

Percy -01 Jul 2009 | 10:14

Because non-contentious lawyers don't get stressed?! I would avoid being "categorised" and rely on your own ability to assess your capabilities.

Red Rose -02 Jul 2009 | 09:25

Thanks very much everyone for your comments.

Anonymous -04 Jul 2009 | 12:47

My suggestion is to consult with an employment lawyer. They're bound to have come across this situation before (though not necessarily MS) and can advise how best to manage the consequences on your relationship with the firm.

Anonymous -13 Jul 2009 | 16:06

Speak with the Disability Legal Service who have a specialised MS section

Anonymous -15 Jul 2009 | 12:19

You might consider approaching LawCare:

http://www.lawsociety.org.uk/productsandservices/helplines.page

Anonymous -16 Jul 2009 | 14:55