Negotiating an HIV Policy

What should we include in an HIV policy?

An effective HIV policy is one of the most important tools in supporting people living with HIV in the workplace.

People living with HIV will often be cautious about disclosing their status in the workplace. This is because there are still misinformed attitudes surrounding HIV. These can lead to real fear of stigma, prejudice and discrimination.

As a union rep you are in a position to help change this. Discuss HIV with your members, and with their employers.

If a policy is in place before you need it, you will be in a much better position to support any of your members affected by HIV.

Why do we need an HIV policy?

Since December 2005 HIV has been covered under the Disability Discrimination Act in the UK, from the point of diagnosis.

Instead of waiting for HIV to become an issue in the workplace, it is better to be pro-active, and negotiate a suitable policy.

There are specific issues affecting people living with HIV, and in some cases you may need to negotiate reasonable adjustments on behalf of one of your members. Having an HIV policy already in place will put you in a position of strength.

If one of your members is newly diagnosed or living with HIV, they may feel more secure knowing there is a policy in place. They may also feel better able to approach you and discuss their HIV status.

Remember HIV is a reality in Jersey. It is quite possible you know someone who is living with the virus, and as a rep you are in a unique position to offer support.

Do we need a separate policy?

It is helpful to have a separate policy, as you can then address the specific needs of people living with HIV.

However, sometimes it might be easier to include HIV as a section on a more general disability policy.

We would definitely recommend that you include HIV in an equal opportunities statement.

What should we include in an HIV policy?

First of all remember that an HIV policy does not have to be too long or complicated. Keeping it short and concise will make it more accessible.

What is most important is that you have a clear statement of intent that commits the employer to supporting HIV positive staff.

Whether you have a separate policy, or you include it as part of other policy documents, these are the key elements you should include:

Recognition for the need for absolute confidentiality or privacy should an employee choose to disclose their HIV status.
A commitment to non-discrimination on the grounds of someone’s actual or perceived HIV status.
Your policy should expressly prohibit mandatory HIV testing.
It should also expressly prohibit unnecessary or intrusive questions relating to HIV or any other medical condition on application forms, medical questionnaires or at job interviews.
The policy should recognise the potential need for reasonable adjustments to be made (such as flexible working hours for hospital appointments) as and when they become necessary.
The policy should make a commitment to raising awareness of the facts about HIV, including educational material and information about HIV transmission and Universal Medical Precautions.

We recognise that many trade union reps might not have an in-depth knowledge of the issues around HIV. ACET can help with training, and we can help you draft a policy.

Take time to get it right now, and avoid any pitfalls in the future.

Last updated April 2010