In 2017 a Public Health England report outlined how the UK has seen a substantive decline in HIV diagnoses. Early diagnosis due to higher levels of HIV testing and new technologies has resulted in rapid treatment. Consequently, mortality rates have fallen as people diagnosed with HIV are living to an older age. Whilst this is positive news, HIV remains a serious global public health issue and late diagnosis statistics remain at a high level with a high risk of death in the first 12 months of diagnosis.
It is estimated that there are over 89,000 people in England living with an HIV diagnosis and this figure is increasing by approximately 5,000 new diagnoses each year. These statistics clearly show that HIV is a health issue that is unlikely to disappear soon making it all the more likely that employers will encounter employees who have been infected with the virus.
A lack of understanding and knowledge about HIV and AIDS can create problems within the workplace. Employees who are infected can be at risk from insensitive practices usually arising from their colleague’s fears and suspicions which are generally due to an ignorance of the facts. Steps can be taken to help minimise and prevent such problems by making information available and establishing polices.
HIV – AIDS – What is the difference?
The HIV virus, (Human Immunodeficiency Virus) attacks a person’s immune system leaving them vulnerable to attacks from other infections. Initial symptoms usually develop 2-6 weeks after becoming infected, with early symptoms often very mild and similar to those of a cold or fever. Further symptoms may not be recognised for many years however the virus continues to cause damage to the body. Left untreated the immune system will stop working; further symptoms will develop followed by serious infections. The condition cannot be cured however; effective treatment can prevent the virus from progressing to AIDS.
AIDS (Acquired Immune Deficiency Syndrome) is not a condition or disease, but a term used to describe the point at which an individual’s immune system can no longer cope and they start to develop one or more specific illnesses as a result. People do not die from AIDS, but the conditions they may develop and take hold as a result of their immune system being weakened by HIV. People cannot develop AIDS without first contracting HIV.
Dispelling common myths
The virus cannot be transmitted through normal social/work contact, including:
- Sharing toilet and washing facilities, swimming pools or showers
- Using the same crockery
- Coughing, crying, sneezing, spitting or kissing.
The infection can only be passed on through mixing bodily fluids. Originally HIV was associated with homosexual sexual behaviour, drug users and haemophiliacs; current statistics show that there are more people infected through heterosexual sex than any other group. It’s worth remembering that people with damaged immune systems cannot fight illness, therefore the infected person is the one most at risk.
Employment policies
Medical evidence states that individuals who are infected present no risk of passing on the virus, therefore new applicants and existing employees must not be treated differently in anyway.
Employees do not have to inform their employers that they have the virus.
If as a manager you are made aware that an employee is infected with the virus, this information should be held in strictest confidence and any records kept in a secure place. If it is thought necessary to notify other employees about the infected person you must first obtain written consent. Neither HIV nor AIDS are notifiable diseases and therefore there is no requirement for an employer to report cases to health authorities.
No employee should be dismissed because they are infected – this is likely to be seen as unfair dismissal. Normal rules relating to sick absence should apply and an employee who becomes too ill to attend work may be dismissed on ill health grounds like any other employee. The Equality Act 2010 applies to both HIV and AIDS.
Pressure from work colleagues
Employers may come under pressure from staff that find out a co-worker is infected with the virus and for the infected person to be stigmatised and face harassment. An effective approach towards preventing such harassment is a mixture of training, education and a positive policy towards equality issues, this should help employees gain an understanding and alleviate their fears. This could include explanatory leaflets, special presentations and videos.
Employees who refuse to work with colleagues with HIV or AIDS after receiving advice and training, should be interviewed to find out the circumstances of their refusal and dealt with appropriately using the organisations conduct or discipline code. It should be made clear that any harassment towards a colleague will be considered a disciplinary offence. You may wish to consider consulting with your HR department about company policies relating to this topic or speaking to Occupational Health.
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