Mental health issues
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Issues with my employer for mental health

Amd2017Amd2017 Member Posts: 4 Listener
edited April 27 in Mental health issues
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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Replies

  • woodbinewoodbine Community Co-Production Group Posts: 3,787 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?
    my advice is given freely and is correct to the best of my knowledge.
  • janer1967janer1967 Member Posts: 9,253 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 


  • chiariedschiarieds Community Co-Production Group Posts: 8,056 Disability Gamechanger
    Hi & welcome @Amd2017 - I hope you are able to answer Jane's questions so she can advise further. :)
  • Amd2017Amd2017 Member Posts: 4 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 

  • janer1967janer1967 Member Posts: 9,253 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 
  • Amd2017Amd2017 Member Posts: 4 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 
  • Amd2017Amd2017 Member Posts: 4 Listener
    Supportive well thats a big no

  • janer1967janer1967 Member Posts: 9,253 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 
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