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Hi all,
I understand that under the Equality Act a person with disability is someone who has a long term condition that has a substantial and long term effect on their ability to carry out normal day to day activities. Long term means more than 12 months and substantial means more than minor.
My company gives less weighting to a disability related sickness absence, offers reasonable adjustments with the OH recommendations. It also offers paid time off for a disability related treatment. I was, however told by my employer that I am not considered disabled so none of the above will apply. For instance, if I signed off sick with anxiety, it would not have been classed as a disability related absence. Please, don't get me wrong, my attendance is very good, but this revelation worries me a lot.
I have been diagnosed with depression and anxiety in 2015 and have attempted suicide twice. I have chosen not to take antidepressants, but to pay privately for counselling. I would not be able to work if I didn't receive the treatment. For these reasons I consider myself disabled. For the past three months I have been under the care of the community mental health team due to an active suicide plan and chronic suicidal ideation. My employer is aware of this.
My employer's arguments are that:
1) I have not got a 'current' diagnosis - I might have gotten better in the past and only recently deteriorated, so there is no 12 month continuity - My response is that a diagnosis does not get 'renewed' and I have been in treatment for nearly 4 years now. I did not need to see a GP to have my diagnosis 'refreshed'.
2) The treatment I refer to is my choice, paid for privately, and not something that NHS would have provided (NHS does not provide such long term talking therapy) therefore it does not count - I explained that I chose the private option because of the NHS waiting lists and that even though I had been offered therapy now by my community mental health team, I did not take the offer as it is neither ethical nor appropriate to have two therapists.
Is my employer right saying that I do not have disability within the meaning of the Act? How can I evidence that I do have it? How do I challenge it? I asked for a referral to Occupational Health, but I am worried that this will not achieve much as they may not be in a position to diagnose me retrospectively. I have also requested a copy of my medical records.
I understand that under the Equality Act a person with disability is someone who has a long term condition that has a substantial and long term effect on their ability to carry out normal day to day activities. Long term means more than 12 months and substantial means more than minor.
My company gives less weighting to a disability related sickness absence, offers reasonable adjustments with the OH recommendations. It also offers paid time off for a disability related treatment. I was, however told by my employer that I am not considered disabled so none of the above will apply. For instance, if I signed off sick with anxiety, it would not have been classed as a disability related absence. Please, don't get me wrong, my attendance is very good, but this revelation worries me a lot.
I have been diagnosed with depression and anxiety in 2015 and have attempted suicide twice. I have chosen not to take antidepressants, but to pay privately for counselling. I would not be able to work if I didn't receive the treatment. For these reasons I consider myself disabled. For the past three months I have been under the care of the community mental health team due to an active suicide plan and chronic suicidal ideation. My employer is aware of this.
My employer's arguments are that:
1) I have not got a 'current' diagnosis - I might have gotten better in the past and only recently deteriorated, so there is no 12 month continuity - My response is that a diagnosis does not get 'renewed' and I have been in treatment for nearly 4 years now. I did not need to see a GP to have my diagnosis 'refreshed'.
2) The treatment I refer to is my choice, paid for privately, and not something that NHS would have provided (NHS does not provide such long term talking therapy) therefore it does not count - I explained that I chose the private option because of the NHS waiting lists and that even though I had been offered therapy now by my community mental health team, I did not take the offer as it is neither ethical nor appropriate to have two therapists.
Is my employer right saying that I do not have disability within the meaning of the Act? How can I evidence that I do have it? How do I challenge it? I asked for a referral to Occupational Health, but I am worried that this will not achieve much as they may not be in a position to diagnose me retrospectively. I have also requested a copy of my medical records.
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