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Does Anxiety and Moderate Sleep Apnoea Qualify Under The Equality Act

MelonMirrorMelonMirror Member Posts: 3
edited January 21 in Employment and careers
Basically, I've been diagnosed with Hypothyroidism, Moderate Sleep Apnoea (requiring CPAP machine) and have been taking antidepressants for stress and anxiety since October 2018.  I'm not looking to claim any benefits.  However, would I qualify for any  adjustments or the category "disabled" in terms of my employer, under the Equality Act?
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Replies

  • lisathomas50lisathomas50 Posts: 4,327 Disability Gamechanger
    @MelonMirror hi welcome yes you  can ask for adjustments  to be made in your work place so that you can do your job  do you have a union rep at work or you can get in touch with acas who can also help you 

    If you feel comfortable talking to your boss  with someone with you you could also try that  other members will also comment to help you aswel 
  • woodbinewoodbine Community Co-Production Group Posts: 4,454 Disability Gamechanger
    Such request are best done via HR dept if its a large employer, if its a smaller employer then you can discuss any "reasonable adjustments" that might help.
    ACAS would only be much use if an agreement can't be reached.
    HTH
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • MelonMirrorMelonMirror Member Posts: 3
    @lisathomas50 -  thanks so much for the welcome and the help  :-)

    My boss knows about the OSA but isn't terribly sympathetic.  Our department has lost so many staff,  that I'm being expected to cover and take on work way above my skill set and experience, and with no training or written processes to help.  I'm struggling with so much stress and anxiety around this because I'm just expected to pick up work thrown at me by my boss and know what to do with it.  In my 1-2-1 on Friday, I re-iterated how I'm battling with concentration, fatigue and memory due to loss of sleep but they were less than positive.   Basically, they said they'd make a note of it ie the sleep apnoea, to stave off any adverse comments from the bosses higher up.  They wanted to know how long it would last and when I'd get my CPAP machine and be back to normal!  They also said how I frustrate them, because they tell me something once, around a brand new, totally alien task and I just don't get it.  They told me that I'm  an intelligent woman (she's female) and they can't understand why the new assimilation of knowledge hasn't gone as they'd planned.   Basically, she said I'm enthusiastic and  I do engage and approach her requests with energy but that isn't enough to carry me through.

      I'm at my wits' end with stress and my confidence has plummeted - I'm fearful for my job following her veiled threats. I've never been pulled up for performance in my life and there's no way that I can just magically acquire the skills to complete the new tasks she expects me to do, without in-depth, on-the-job training and years of experience.  No-one's offering me this and I feel constant pressure because I keep being given more and more work, as she says there's no-one else to give it to, as we're so under-staffed.  I don't even know what my role is anymore, as it's so far removed from the job specification I was recruited on.

    I'm so tired and yet I'm trying really hard to be positive and embrace the changes.
  • woodbinewoodbine Community Co-Production Group Posts: 4,454 Disability Gamechanger
    Could you take a short period of sick leave to try and recharge your batteries?
    Its very difficult time for employers and employees during the current crisis and people are being asked to do more and more as an example my daughter works in HR for a major American merchant bank and has been working from home since March, last month she was tasked with doing the pay run for the whole of Europe a job usually done by 4 people.
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • lisathomas50lisathomas50 Posts: 4,327 Disability Gamechanger
    @MelonMirror I think maybe the best way then is to either speak to your union rep or accas to see whst you could do if your boss isn't very sympathetic  times are hard at the moment but they still have to put adjustments in due to your problems 

    The scope  staff will be here tomorrow so they might be able to assist you further @Chloe_Scope @Tori_Scope @Adrian_Scope not sure who will be here but they will see your post in the morning 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hi @MelonMirror, I'm really sorry to read about this. It sounds like you're under an immense amount of pressure to perform duties that previously weren't included in your job description. It also sounds like there's not a great deal of sympathy or understanding regarding that challenge either.

    I'm afraid this isn't an area that I would class as my speciality, but as I'm sure you're aware the Equality Act (2010) defines a disability as “a physical or mental impairment that has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities”. You can read more about this on Equality Advisory Support Service's Advice and Support page and I'd also recommend that you speak to EASS (or ACAS as has been recommended) as they are best situated to give you some advice here.

    Please let us know how you get on.
    Senior Community Partner
    Scope
  • cupcake88cupcake88 Member Posts: 952 Pioneering
    I ended up getting a settlement from my employer due to my anxiety and other mental illnesses it’s under the equality act you have the right to ask for reasonable adjustments and to recieve them. And if you don’t get the answer your looking for you can take the Matter further . 
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