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Issues with my employer for mental health

Amd2017
Amd2017 Member Posts: 7 Listener
Any advice is much appreciated.
I am in a battle with my work place due to lodging a employment tribunal case.
My current issues are my work place will not acknowledge my disability of depression and anxiety under the equality act of 2010 which has been told to them on three different occasions by occupational health report since 2018 I would in there opinion meet the criteria of the disability part of the Equality Act of 2010. 
They are wanting to class my three periods of mental health sickness over the last 12 months is not one continuation sickness all three periods have been for mixed depression and anxiety.
They now want to hold a capability meeting because of using three sickness periods and not the one continuation sickness. 
Occupational health has suggested a barrier back to work is the non compliance of seeking resolution to the employment issues would this be seen as a reasonable adjustment in that he states in looking for resolution would possibly prevent further sickness.
My company was happy to use solicitor to solicitor to mediate but my would be solicitor has said because of there costs to review the case is 3500 that its not economical to use them for this. My company will not answer me on using Acas to mediate and insist that I am still pursuing a case against them
Many Thanks 

Andrew 
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Comments

  • woodbine
    woodbine Community Co-Production Group Posts: 5,675 Disability Gamechanger
    @Amd2017 hi Andrew and welcome to scope, how are you today? I'm no expert in employment law and won't pretend to be, my only suggestion is are you a union member and if so can they help?
    I am a person with epilepsy not an epileptic, my illness doesn't define me.
  • janer1967
    janer1967 Member Posts: 12,915 Disability Gamechanger
    Hi and welcome

    First if all does your company policy state that absences due to a disability will be treated as one absence? 

    Where reasonable adjustments need to be considered this may not be a part of the attendance management policy 

    As a hr manager of 20 years plus experience I too would recommend a meeting after 3 absences not necessarily to take any action but to make sure support was in place,  you were doing all you could fir yourself eg treatment,  gp , taking medication 
    To see if there was a way to reduce absence and so on.

    What are you wanting to get out of the et ? And does this warrant the cost of a solicitor 

    What is you et claim for is it the meeting or them not treating you as having a disability? 

    Have you requested any reasonable adjustments that have been turned down? 

    If you give bit more info I may be able to help more 


    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • chiarieds
    chiarieds Community Co-Production Group Posts: 11,080 Disability Gamechanger
    Hi & welcome @Amd2017 - I hope you are able to answer Jane's questions so she can advise further. :)
  • Amd2017
    Amd2017 Member Posts: 7 Listener
    I am not sure what the policy is a they do not respond to my questions. I asked the question but they did not respond. 
    Out of the ET is clarification for my disability which fully started in 2016 of depression and anxiety which they have been aware of since 2016 and been told 3 times since 2018 by OH reports the my condition would meet the criteria of the Act. My claim is in value terms is 10 to 15 thousand. 
    They have turned down reasonable adjustments in the past and recently suggested the adjustments put in place where for a phased period of 10 weeks only and promised a review they had a review but would not tell me what adjustments they would extend. 
    Hope this helps 

  • janer1967
    janer1967 Member Posts: 12,915 Disability Gamechanger
    Hi again 

    I don't mean the financial side 

    What is the reason for your claim is it failure to recognise your disability and make reasonable adjustments or have you been discriminated against ? 

    Have you had the capability meeting yet are you complaining about that? You should wait first and see what the outcome is it may be supportive 

    You have the right to see company policies the absence procedure should also be in your employee handbook 

    I'm sorry I kyst can't understand what exactly you are taking them to tribunal for from what you have said 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • Amd2017
    Amd2017 Member Posts: 7 Listener
    My claim is for disability discrimination, failure to make reasonable adjustments, bullying and Harassment and victimisation. Failure to recognise my disability.
    Its a very long story 
  • Amd2017
    Amd2017 Member Posts: 7 Listener
    Supportive well thats a big no

  • janer1967
    janer1967 Member Posts: 12,915 Disability Gamechanger
    So I presume you have listed your complaints in the et1 

    As for the meeting all you can do is attend and sed what the outcome is but I would request a copy of attendance management policy prior to this 

    If the outcome isn't fair you can appeal 

    Employers don't have to group all disabity absences as one just apply their own policy and reasonable judgement 

    When is the meeting ? 

    Come back if you have any other questions 
    I have professional experience in HR within public,  private, and charity sectors.  If I can help I will 
  • shellbell20
    shellbell20 Member Posts: 103 Courageous
     Hi I am new to this forum. 

     I am sorry you are going through this. It never fails to amaze how brutal some employers can be. I hope it gets sorted for you and that you win your tribunal, all we can ask for is justice and empathy and an understanding how Mental Health can affect your whole life.

     I was sacked yesterday when I asked for Reasonable Adjustments and I was told I should look for another job more suitable for my disability, they emailed me that and thought it was OK to sack me when I am off with anxiety and depression caused by their impossible demands.

     I have spoken to ACAS and will be taking the case to a tribunal. I feel bullied and belittled and whole host of different things going through my head. I actually feel worthless and wonder if I will ever work again or dare work again and take the risk of being subjected to this treatment again.  Hmm sorry for the rant, just feeling very overwhelmed right now.
  • Tori_Scope
    Tori_Scope Posts: 6,689

    Scope community team

    Firstly, welcome to the community @shellbell20. Thanks for joining, and for sharing your experience.

    I'm so sorry to hear about how your employer treated you. I'm glad that you had the courage to speak to ACAS, and that you feel confident in taking the case to a tribunal.

    It's completely understandable that you'd feel belittled and bullied, and that those thoughts of worthlessness would creep in. That being said, you're not worthless at all, and should always feel valued and respected in an inclusive and accessible workplace. Perhaps you could take some time to process what has happened, and then have a think about whether you'd ever like to go back to work? Just so that you have the link: Scope have a range of employment services that you might find helpful if you do decide to start looking for work again.

    How are you coping financially in the meantime? Do you have enough to pay for the essentials?

    Are you currently receiving any support for your mental health? 
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  • shellbell20
    shellbell20 Member Posts: 103 Courageous
    It only happened yesterday, but I was expecting their reaction as throughout my employment with them,  there were comments about my Mental Health and is the job too much for me? It was nothing to do with the job itself it was to do with the impossible targets they suddenly imposed, basically setting us up to fail.

      I do have money right now, but I am signed off sick by the doctor and was sacked whilst on the sick with Anxiety and Depression. Even with that I asked them do they want my sick note and they said no. 

     The thought of applying or even doing another job fills me with dread, absolute dread. I am not sure I could go back to another toxic environment, every place I have ever worked seem to not understand my disability that governs my whole life.   I shall definitely look at the employment services on here though. Very ironic that at the time this was all going on it was Mental Health Awareness week.

    I am receiving counselling but my last session after 16 is on Friday. The doctor put me on sleeping tablets for a short while because of work and has now given me some new antidepressants too.  I am so scared for my future, I can't keep fighting for my rights.  

    Thanks for reaching out and being so kind.
  • Tori_Scope
    Tori_Scope Posts: 6,689

    Scope community team

    I'm sure that this all still feels really fresh and panful if it only happened yesterday @shellbell20, so hang in there.

    You're unfortunately not the only one that has experienced this kind of experience in the workplace, but there are employers out there who treat their employees more fairly and foster a positive working environment. I'd definitely encourage you to check out our employment services whenever you feel ready. 

    Have you had the chance to speak to your GP or counsellor about this new development? You can sometimes access a few more sessions. At the very least it'd be good to talk it through with someone. Good luck with the new anti-depressants, I hope that they help a little. 

    I know it can sound like an empty statement, but I do think that things can get better for you from here. The future can seem scary, especially when everything feels so uncertain, but you deserve to be treated fairly and with respect in the workplace. I'm glad that you're managing financially at the moment.

    Remember we're here whenever you need us :) 
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  • shellbell20
    shellbell20 Member Posts: 103 Courageous
    Thanks @Tori_Scope.  I spoke to my counsellor last night, as that was my original appointment time, it was meant to be our last session. He has changed the last one to Friday. My GP doesn't know the latest development, but she wasn't happy with the state I was in through work and said no job is worth my well being.  She was quite furious about what they had done originally for me to attend her clinic crying.  

    And you're so right, everyone deserves to be treated fairly and with respect in the workplace, instead of being manipulated and bullied into submission.

    I am so glad I joined this forum, it's so nice to know there are people here that actually give a damn. :smile:
  • Amd2017
    Amd2017 Member Posts: 7 Listener
    I do hope you receive the help you need.
    My company on the 12th May allowed me to travel 12 mile to work only to suspend me on full pay for doing well nothing. Or should I say because I won't give in.
    Offered £9500 to leave and said it was a good offer as it equated to nearly two yrs salary net my salary for two yrs would be more like £28000 net. They are using a occupational health report as a means to dismiss and want me to attend a further occupational health assessment to answer one question why I raise grievances. What does that tell you about them towards me. I am still fighting them why because I am not prepared to be treat like a low life with mental health. 
  • shellbell20
    shellbell20 Member Posts: 103 Courageous
    I hear you!!!  That is shocking treatment from them.  It's like we are lepers and it's highly contagious and it might spread. They blocked me from raising a grievance, never asked for medical reports. ACAS advised me to write to them about reasonable adjustments, the reason I asked for those adjustments is that they gave me impossible targets, they set me up to fail.  Their reply, was you're fired and by the way why not look for another job that would be suitable towards your disability. If that isn't blatant discrimination, I am not sure what is.  For me it was never about the job, I quite enjoyed that, it was about the impossible targets that suddenly came out of thin air and the stress it put on my anxiety. I sat there one day at my desk (luckily at home) and cried for around 4 hours.
  • Cher_Inactive
    Cher_Inactive Posts: 4,414

    Scope community team

    @shellbell20 Hello there, I just wanted to check-in and see how you were doing?  Is your anxiety any better now you've had some time away from work?

    I do hope so, but if you are struggling in any way please give us a shout so we can support you  <3

    Take care.  
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