Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Hi, my name is justsurviving!

justsurvivingjustsurviving Member Posts: 1 Listener
Hi. I'm new.  After 3major ops over the last year I'm struggling with depression and returning to work feels unachievable. Boss wants rid. Not sure if I have a disability but I have to eat carefully I get hypos and dumping if I eat wrong. Boss says she has made all adjustments she can which is not much although I only need time out if I feel unwell and am happy to make up the time.


  • AOultonAOulton Member Posts: 8 Listener

    In terms of whether you have a disability when it comes to work and your boss making reasonable adaptations the definition of a disability, under the 2010 equality act is 'if you have 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, eg it takes much longer than it usually would to complete a daily task like getting dressed

    • ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection

    If you think you fit that criteria then I suggest you get some advice from the CAB or a local disability charity. I expect there are loads of resources on this website too. 

    Hope that helps a bit!
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    Senior online community officer
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hi @justsurviving

    You might be able to give up work and claim ESA and PIP (though in theory at least PIP is payable in or out of work).  You can find info on the Disability Rights and CAB websites.

    You might also have a case against your boss under the Disability Discrimination Act - but taking cases to an employment tribunal these days means paying a large upfront sum.

    Would your boss make you redundant?  This would be preferable in all ways to resigning.

    If possible, get a face to face meeting with CAB or similar organisation.  Scope helpline could advise if there are advice organisations in your area.

Sign in or join us to comment.