Advocacy Services

Rights to an Advocate at Work

Under disability law, including the Equality Act 2010 (UK), you have the right to reasonable adjustments to help you manage your work. These may include having an advocate or support person present at meetings where your needs are discussed.

• Who Can Be Your Advocate: An advocate can be a colleague, a union representative, or a professional such as an occupational therapist, a social worker, or a disability support worker. The key is that the person should be able to help you express your needs and navigate the conversation.

• Meetings and Discussions Involving Disability/Health Issues: If your condition impacts your work, you have the right to request an advocate or support person during meetings with HR, your manager, or other relevant parties.

• If you’re discussing adjustments related to your health or disability (for example, reasonable accommodations), it is your right to have someone help you communicate your needs or clarify any confusion.

How to Request an Advocate in Meetings

• Notify Your Employer in Advance: It’s best to inform your employer or HR department ahead of time that you would like to have an advocate present. This allows them to accommodate your request and ensure the right person is there.

• Specify the Role of the Advocate: You can clarify that the advocate’s role is to support you, not to speak on your behalf unless you request it.

• No Retaliation: It’s illegal for employers to retaliate against you for having an advocate or support person at a meeting. They should not treat you unfairly for requesting assistance.

• Support for Mental Health Issues in the Workplace: Employees with mental health conditions are protected from discrimination under the Equality Act 2010. You have the right to request reasonable adjustments at work, and this may include assistance from an advocate, especially during performance reviews or any meetings related to adjustments, illness, or ongoing support.

Rights to an Advocate with Healthcare Professionals

• Right to Have an Advocate: There are protections for patients, including the right to have someone present to help during healthcare appointments. This person can be a family member, friend, or professional advocate, especially if you have difficulty understanding the medical information or need emotional support.

• The NHS supports the use of an advocate during medical appointments: Advocates can help you understand medical information, ensure your rights are respected, and even help you challenge decisions (such as treatment plans) if needed. You may contact organisations like POhWER or Mind for free advocacy support.

Who Can Be Your Advocate?

• Family members or friends: Often, loved ones can serve as informal advocates, supporting you in understanding medical information, discussing treatment options, and expressing your preferences.

• Professional advocates: Some organisations provide professional advocates trained to support individuals in healthcare settings. They are especially helpful if you are dealing with complex health issues or have difficulty navigating the healthcare system.

In Mental Health Settings

• Mental Health Advocates: In mental health settings, you may have the right to a specialised mental health advocate, particularly if you are in treatment or care for mental health problems. Organisations like Mind or Rethink Mental Illness provide mental health advocacy services.

• Involuntary Treatment or Hospitalisation: If you are in a situation involving compulsory mental health treatment (e.g., under the Mental Health Act 1983 in the UK), you are legally entitled to an advocate who can help ensure your rights are upheld, explain your treatment options, and support you in making decisions about your care.

How to Request an Advocate in Healthcare Settings

• Before Appointments: You should inform the healthcare provider in advance if you wish to have an advocate present. Some providers may have specific forms or requirements to allow an advocate to attend and participate in your healthcare meetings.

• During the Appointment: You can ask the advocate to help you ask questions, take notes, and clarify any information you may not fully understand.

• Right to Privacy: You still have the right to privacy regarding your medical condition. Your advocate can help you ensure that your personal health information is protected.

Tips for Working with an Advocate

• Clarify Your Needs: Before any meetings, take some time to write down what you need help with. Whether it’s understanding your rights, explaining your symptoms, or ensuring that adjustments are made, knowing how the advocate can best assist you will help the meeting go smoothly.

• Be Open and Communicative: Share with your advocate any concerns or specific things you want them to address during meetings. This can include anything that is causing stress, confusion, or misunderstandings.

• Keep Copies of Documents: Whether it’s related to work or healthcare, keeping a copy of any written communications (like emails, letters, or appointment notes) is important. This allows you and your advocate to refer to specific details if needed later.

• Know the Boundaries: While an advocate can support you, they cannot make decisions on your behalf unless you give explicit consent or authorisation (especially in medical settings). You retain control over your own choices, with the advocate assisting in making sure your voice is heard.

Final Thoughts

Both in the workplace and with healthcare professionals, you have the right to have an advocate to ensure that your needs are understood and your rights are respected. Whether the advocate is a trusted colleague, a union rep, a family member, or a professional, their role is to support you in navigating these environments, helping you communicate, and ensuring you get the adjustments and care you need.

If you’re unsure of how to proceed in either setting, it’s worth asking the relevant organisations (your HR department, healthcare provider, or local advocacy service) about the options available to you, and don’t hesitate to request the support of an advocate when necessary.