Advice re disability discrimination

[Clcp77]

Hi hope someone here can help,

I have recently logged a claim against by former employer and a date for preliminary hearing has now been set.
I have been asked to provide in the meantime details of my disability, effects on my day to day life etc.

My situation is slightly unusual compared to other disability discrimination cases.

I was diagnosed with cyclothymia some 15 years ago. The condition has been managed with medication since, and has not had any affect on my work, or caused any absences for at least the last decade.

Before starting my most recent role, I disclosed my diagnosis to occupational health who cleared me as fit to do the job. I didn't mention my diagnosis to anyone else in the organisation as, frankly, it was of no relevance.

A few months before my employment was terminated I mentioned the condition to my line manager in passing during conversation, and didn't think much more of it.

A few weeks after that conversation, I was signed off work due to work related stress and suicidal ideation. This had come about due to lack of support with an unmanageable workload and, ultimately, burnout.

Whilst I was on sick leave an OH referral was made. Rather than addressing the issues which had led to my sick leave, the manager asked OH whether, due to my underlying mental health condition, I was fit to do my job, or if I might find it 'triggering'. Reference was also made to poor performance, which had never been mentioned to me.

The OH report concluded that my underlying health condition was in no way related to my period of sick leave and that it did not present any barrier to my doing my job effectively.

On my return to work, my line manager was insistent that the 'reason for absence' on my return to work from be attributed to my underlying health condition rather than work related stress, despite this being without any basis in fact.

Very shortly afterwards, I was notified, out of the blue, that my role was being made redundant.

So, my claim is on the basis that assumptions were made on the basis of a disability that I was not fit to perform my job. Yes I do regret mentioning it to my manager who, as a mental health professional, I would have expected to be less judgemental!


How should I go about presenting this situation for the purposes of my claim? The queries around the effect of my disability at the time of the incident are irrelevant here as the whole point of my argument is that it did not have any negative affect on my ability to perform my role and no adjustments were required - my claim is more along the lines of unconscious bias and making unreasonable assumptions based on disclosure of an underlying condition that was irrelevant to my work.

I don't know if it's relevant, but my manager didn't mention the name of my condition in any correspondence subsequent to our initial conversation, just referring toy 'underlying long term mental health condition'. I suspect this was because she didn't remember what condition I had. Neither did she ever ask about how the condition manifested itself which, to be clear, is a very different set of symptoms to those I experienced as a result of the work related stress.

Sorry for the long waffly post - I hope it makes sense.

[ULA]

I have some questions for further clarity:

1. Is your claim just for disability discrimination?
2. When is your preliminary hearing?
3. Is your disability impact statement to be sent to the respondent / ET in advance of the PH and if so when by?

Regardless of if you feel it is irrelevant, as you have been required to provide an impact statement, you will need to provide one. I have attached a document that may help you structure this below which I hope you find helpful.

Are you claiming that, unconscious bias in regard to your medical condition led to you being unfairly selected for redundancy?

[Clcp77]

Thanks for the response.

In answer to your questions:

1. Yes, on this particular point. There is also a sex discrimination aspect regarding an alternative job that I was deemed unqualified to even be interviewed for despite meeting the essential criteria (the outgoing post holder had a similar work history to me when he was promoted into the role a year earlier). My application for this as an internal candidate was already underway when I was given notice of redundancy and, following an informal discussion with the hiring manager, I was expecting to be interviewed. The decision not to interview me was related the day after my first redundancy consultation meeting at which the manager conducting the consultation (superior to the hiring manager) first became aware of my in-progress application. I suspect words were had but can't prove that, so I am assuming that sex discrimination would be the most effective route here given the direct comparison?

2. Mid February 2025

3. Yes - by the first week in December.

Yes, I am claiming unconscious bias led first to unfounded assumptions being made that it was my underlying condition (rather than the unmanageable workload and lack of support) that led to my taking time off sick with work related stress, and subsequently led to my dismissal under the guise of redundancy (no one else was put at risk as no one else in the organisation had a similar role - rather they had decided that the work I was doing - as a member of a wider central support team - would be instead passed down to operational managers and teams to be absorbed within their own workload)

[Retromau5]

Whilst I was on sick leave an OH referral was made. Rather than addressing the issues which had led to my sick leave, the manager asked OH whether, due to my underlying mental health condition, I was fit to do my job, or if I might find it 'triggering'. Reference was also made to poor performance, which had never been mentioned to me.







[/QUOTE]

Hello. Do you have this in writing? Did you object to what your manager said? Are you being singled out with the redundancy or are you part of a wider group?

[Clcp77]

Yes I have it in writing and yes I did object. I was the only person at risk/made redundant.

[ULA]

In response to your post #3 and point one. You will need more proof of sex discrimination, other than the outgoing post holder was male.
Thank you for confirming the date of your hearing.
In respect of point 3 it seems that you were the only person placed in the "selection pool" as there was no other person carrying out your role or who had similar duties. Is that correct?


Posts #4 ad #5 did you ask to see the OH report prior to it being given to your employer? If so did that happen and where you happy with the content of the report?

[Clcp77]

With regard to point 3 - yes that is correct.

I said that I was happy for the report to be sent to my employer without having sight of it first to avoid further delays. Yes I was happy with the content of the report because it confirmed that my long standing condition was well managed with medication, had no impact on my ability to perform my job and that my period of sick leave was solely due to work related stress caused by unmanageable workload and lack of management support.

edited to add - I've copied the relevant sections from the OH report below. i hope this is helpful

At the time of consultation xxxx remains absent with a GP fit note which will expire on xxx

and I believe she has been absent since xxxx due to the deterioration of her psychological well-
being. xxxx has several underlying chronic health conditions for which she is prescribed a

combination of relevant medication. The current absence appears to have been driven by perceived work-
related stress and stems from work factors that over time have left her feeling increasing difficult to cope. For

the sake of brevity, I will not go into details surrounding her work issues, but they fall under domains of
unrealistic expectations of the role and a perceived lack of support when specific concerns have been raised.
Her current work situation appears to be of a significant contributory factor to her current predicament. she is
insightful and able to verbalize her thoughts and understand what was said to her. As such, her beliefs about
work, based on her perceptions and experience is not something I can disagree with. What is important to
recognize is that these issues that are driving her medical symptoms are primarily managerial and would
suggest that you undertake a direct discussion with your employee to address specific areas of concerns.
There has been a marked improvement in her condition during her absence and there are no current symptoms
impacting on her, aside from the ongoing concerns regarding workplace expectations. xxxx is keen to
return to work however, reports a normal level of trepidation, which is to be expected given recent events. Her
conditions appear stable and there are no ongoing issues in relation to the specific one-off incident that led
to the current absence from work. She was assessed by the crisis team at that time and referred to the care
of her GP, she is also aware supportive services such as the Employee Assistance Program and other agencies.
Following extensive discussions it is my opinion that xxxx may likely be fit to return to work at the end
of any current fit note however, reasonable adjustments are advised below. It may also be beneficial to obtain
a further opinion from Occupational Health in 8 weeks should you choose to refer her again.

Is xxx taking mediation, and if so, is it likely to impact their ability to do their job safely and effectively
- do their medication have an impact on their ability to carry out their role?
xxx is prescribed a combination of relevant medication by her GP and she has been prescribed this
medication for a many years without ill-effect. There is no indication that such medication would impact on
her ability to carry out her role safely and effectively.
What are the effects and potential side effects of the medication?
There are no noted side effects of her prescribed medication.
In your assessment, what is your view on xxx ongoing fitness for their role as xxx
given the current mental health condition and lived experience, could cases trigger her?
Following discussions, it is my opinion that xxx may likely be fit to return to work at the end of any
current fit note, with a view to returning to work on xxx however, this should be agreed locally.
xxxx denies issues with the subject matter and that it is purely the amount of work and the expectations
of the role that have driven her current symptoms. She has requested that her job description is reviewed as
she feels this is not a true reflection of the current remit of her role.

*for context, my employer was a mental healthcare provider

[ULA]

Thank you for confirming that you had no issue with the content od the OH report, which effectively discounted your medical condition as being a cause of your absence from work.

[ULA]

Thank you for confirming that you had no issue with the content od the OH report, which effectively discounted your medical condition as being a cause of your absence from work.

This is a very helpful document for you and should be included in any final hearing bundle.