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Mental Disability, Employer Not Supportive. What Are My Rights?

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  • Mental Disability, Employer Not Supportive. What Are My Rights?

    Hello,

    This might be a long post so I apologise but I really need some advice.

    I've suffered from depression, anxiety and social anxiety since I was a child. My depression and anxiety has always been there but up and down in recent years and I had a bout of sick leave late last year to the beginning of this year due to my anxiety and depression and work were good and helped me back into work gently on a phased return. I had an Occupational Health report done in January this year and the gentleman told me my depression and anxiety is classed as a disability and work need to make adjustments accordingly and a reduced target and micro breaks were recommended and accepted by my manager. I also told my manager at this time I had social anxiety as I felt she needed to know as I can have a phobia of talking on the phone and she was wanting to keep in contact via phone a lot.

    I have been working 100% from home since March 2020 and like many others, this has taken its toll on my anxiety, depression and social anxiety. I am able to do my job completely at home and am even learning another work flow which is able to be done completely from home. However, last week, the people responsible for putting work into the queue for us to work did not do so until 9am (I start work at 7:30am) and my manager made a comment about how we may need to go into the office that day. At that moment, I realised how bad my social anxiety had become over the last year with lockdown. I have always suffered from it but have been able to "manage" it but now it has reared its ugly head 100 fold and I was in floods of tears and had a panic attack. Out of fear, I emailed the company's chief exec (she invites people to email her with questions) and told her of my issues and that I'm filled with fear at the thought of being made to go into the office "right now" and would appreciate even being eased in gently somehow.

    My email to the chief exec then got passed onto my manager and operations manager who wanted a meeting with me, in that meeting they told me I need to go into the office 3 days a week and learn another new work flow (this is the 2nd new work flow I'd be learning) as they are saying my workflow is low (even though the numbers aren't). In the meeting my managers just kept saying how safe the office is in respect of Covid (I live with an incredibly vulnerable person and I am also vulnerable so this is why this was mentioned). I then had to say that I respect the office is safe but Im more concerned about my social phobia - going into the office 3 days a week, with strangers, learning a new workflow and Im struggling to even leave the house now. All I got was basically "tough", needs of the business and I need to support the company - which I appreciate but... where is my support? I have not been asked what I need or want by anyone and if I were to be asked Id suggest going in the office 1 day a week on my own workflow where I dont need to interact with anyone until I am used to being in the office, around people and then maybe try 2 days a week etc I dont think that is unreasonable. I am due to go in 3 days a week starting next Tuesday and I feel sick, stressed and incredibly anxious just thinking about it. Today I let my manager know how I was struggling and asked if I could have tomorrow and the rest of Friday off (I already have a half day Friday and they are good at agreeing holidays at such short notice) to try and calm my nerves but all I got was "no, too many people off already (30% of the team can be off at any 1 time) and again, needs of the business". I feel like an exception could have been made, especially when Im struggling.

    I've made an appt with my GP but that isnt for another 2 weeks sadly and I just know Tuesday will come and who knows how I will react, knowing me, maybe a panic attack or some kind of mental breakdown.

    My point of this post is, Im pretty sure my employer has to make reasonable adjustments to try and help me but none have been made. All I keep getting told is "you'll be fine" and "X has gone into the office and she is ok", "needs of the business", which I feel is undermining my disability and is showing no support at all. What are my rights regarding this? Is my employer breaking any kind of law?

    Thank you if you read it to the end lol sorry for the long post and I will answer any questions anyone has
    Tags: None

  • #2
    Ula should be able to advise

    Comment


    • #3
      Sorry I need to ask you some questions:

      1. The gentleman who conducted the Occ Health appointment was he a Dr, clinical nurse or other medical professional.
      2. Prior to this appointment was the company aware that you suffered depression, anxiety and social anxiety which potentially would be classed as a disability under the Equality Act 2010?
      3. Have you spoken to anyone in HR about your concerns in returning to work 3 days a week?
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


      You can’t always stop the waves but you can learn to surf.

      You are braver than you believe, smarter than you think and stronger than you seem.



      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Comment


      • #4
        Ula

        Thanks for your reply.

        1. The gentleman who performed my Occ Health review was a "Senior Occupational Health Advisor", I just checked the email he sent me with my report in it.
        2. Prior to my Occ Health appointment? My manager did say she wondered if my depression and anxiety would be classed as a disability under the Equality Act 2010 but the Occ Health report kind of "confirmed" it. However, she knew I have suffered from severe depression and anxiety for many years prior to this.
        3. I have not approached HR, only for the fact I do not want them to say "speak with your manager" or just pass on my email to my manager like the chief exec did.

        ETA: I have checked the welfare meeting form my manager filled in for me when we had a catch up when I was off sick last year and its dated 27/11/2020 and she put this:

        "Do you believe your current absence is related to a disability? YES

        (my name) says she has suffered with depression and anxiety since she was a child. This can be classed as a

        disability as it is long lasting and affects her day to day life."

        She was also made aware in November about my social anxiety, not January like I originally thought.
        Last edited by ladyvesuvius; 2nd June 2021, 20:51:PM.

        Comment


        • #5
          You are going to need to engage with someone in the company to discuss the possibility of reasonable adjustments to accommodate you returning to the office on a phased basis, as per your suggestion. HR are going to be the best people to start that discussion with.

          Given that the situation of Covid with the associated lockdowns over the last year has increased your social anxiety, my suggestions is that it might be a good idea for you to have a further appointment with Occ Health. They should be able to provide advice on what reasonable adjustments they would recommend to the company to faciilitate you being able to start to return to the office, even if this is on a phased basis leading to hybrid working arrangment between home and work.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment


          • #6
            Originally posted by Ula View Post
            You are going to need to engage with someone in the company to discuss the possibility of reasonable adjustments to accommodate you returning to the office on a phased basis, as per your suggestion. HR are going to be the best people to start that discussion with.

            Given that the situation of Covid with the associated lockdowns over the last year has increased your social anxiety, my suggestions is that it might be a good idea for you to have a further appointment with Occ Health. They should be able to provide advice on what reasonable adjustments they would recommend to the company to faciilitate you being able to start to return to the office, even if this is on a phased basis leading to hybrid working arrangment between home and work.
            Ula

            Thanks for your reply.

            I will email HR first thing in the morning to see if they can help me but can I ask, what do I do if get nowhere with HR? I will also try and get another Occ Health assessment, I doubt my manager will be pleased as she will know what I want it for.

            Comment


            • #7
              Under the Equaity Act 201 a disabiity is defined as having a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities. Substantial is more than minor or trivial and long term is 12 months or more.

              If under that definition your depression, anxiety and social anxiety is classed as a disability, then by law your employer should consider reasonable adjustments in order to assist you carry out your job. It would be much stronger for you if the reasonable adjustments suggested for consideration by the company are supported by an OH report or some other medical report. The responsibility then becomes the employer to consider these suggestion/s and either work with you to decide what can be implemented or give reasons as to why they cannot make the adjustment/s.

              Initially see how what response you get from the email you are sending to HR.
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment

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