Ptsd

Just_Passing_Bi

Currently off work, and have been for 8 weeks, at my employers request, following OH assessment it was diagnosed anxiety + PTSD, couple of recommendations for my employer based on Dr's assessment, possible change in environment, regular welfare meetings.

The assessment Dr stated based on his diagnosis, my condition will be covered under the disability act.

I'm not sure if I have that right, is it the disability act or the equality act?

Either way, can someone give an indication what the consequences are for my employer and more importantly, me?

tightasagnats

This organisation may be of help, and has info for employers:

https://www.ptsduk.org/friends-and-family/information-for-employers/

And these may help also:

https://www.nidirect.gov.uk/articles/mental-health-and-disability-discrimination-act-dda

https://www.st-andrews.ac.uk/hr/edi/disability/definition/ea-dda/

Good luck.

TBagpuss

If your condition is recognised as a disability then, under the Equalitis Act it means that your employer would be expected to make reasonable adjustments to accommodate that disability. What is reasonable is dependent on the specifics of the accommodation you are requesting, and on things such as the size of the business, the cost of the accommodation etc.

It would also mean that dismissing you simply on the basis that you have a disability would be unfair (although it may be fair for them to dismiss on grounds of capability of you cannot carry out the job, provided that they follow a fair procedure.

Has your employer spoken to you get about the report and whether they feel they can reasonable make the adjustments which the OH report recommends?

Just_Passing_Bi

Thank you

I hold a managerial position within retail for a well known high street chain, employer / employee relationship has been publicly controversial.

Given that, I'm now concerned about my job, I feel competent to carryout my role, several opportunities for me to relocate within travelling distance of my home, at no expense to me.

My disability doesn't require equipment amendments, it's integration with individuals that flares up my PTSD.

ReadingTim

Just_Passing_Bi wrote: »

My disability doesn't require equipment amendments, it's integration with individuals that flares up my PTSD.

On that basis, I don't think this is going to end well for you....suspect it's merely a case of when they terminate you and how long that process takes, rather than if.

Just_Passing_Bi

ReadingTim wrote: »

On that basis, I don't think this is going to end well for you....suspect it's merely a case of when they terminate you and how long that process takes, rather than if.

I thank you for your honesty, but WoW

Undervalued

Just_Passing_Bi wrote: »

Currently off work, and have been for 8 weeks, at my employers request, following OH assessment it was diagnosed anxiety + PTSD, couple of recommendations for my employer based on Dr's assessment, possible change in environment, regular welfare meetings.

The assessment Dr stated based on his diagnosis, my condition will be covered under the disability act.

I'm not sure if I have that right, is it the disability act or the equality act?

Either way, can someone give an indication what the consequences are for my employer and more importantly, me?

Well hopefully (from your point of view) he is right and more importantly your employers are willing to accept it without a fight.

The reason I say that is whilst certain mental illnesses can be disabilities (for employment law purposes) it is far from automatic and there are quite high thresholds to meet.

However, assuming it is disability there are still difficulties. As you say in a later post it is not just a case of management making practical or organisational "reasonable adjustments" but them needing to bring about a change of attitude on the part of some of your colleagues? What realistic changes would you feel are needed? Do you feel this could only be achieved by a transfer to a different branch? If so, is there a genuine need for your skills at another branch? If not, moving you somewhere where there is little or no useful work for you to do would not be expected as a "reasonable adjustment".

Although I wouldn't have put it so bluntly, I do share some of Reading Tim's concerns I'm afraid.

sangie595

Just_Passing_Bi wrote: »

My disability doesn't require equipment amendments, it's integration with individuals that flares up my PTSD.

I'm interested. Genuinely. Because I may not agree with my colleagues entirely. But what does this actually mean? And why does traveling distance from home have anything at all to do with "integration with individuals"? Also, and I'm not being nosy here, PTSD? Not your usual workplace injury! But the circumstances of why you have PTSD might matter. Not legally perhaps - but morally. And sometimes that matters.

Just_Passing_Bi

I'd rather not go into to much detail here for obvious reasons.

I've suffered workplace harassment based on one of the protected characteristics under TEA, grievance and appeal not upheld, this is now at ET status, resulting in unable to attend work until resolved.

Even with mediation, I very much doubt the offenders will change, if I was to relocate my position, I'm of the opinion I'm able to fully function, I'll have no reason to interact with them.

PTSD is due to issues I experienced following a serious assault, the issues I've experienced during my employment has reopened those wounds, more psychological than physical.

sangie595

Ah right, and I doubt I need any details. Unless I'm a long way off the mark, would your user name be informative?

Yeah, sorry - no chance. With what I'm thinking, I'd say you have less chance than my esteemed colleagues thought. Really sorry.

Your employer wants you gone. You've made a claim. You are screwed. If you have a reasonable chance of spinning out a case (win or lose) you might get an offer of an economic settlement (cheaper to settle than to fight it), but that isn't a win. And unlikely to be much unless you have a really great case. I can't comment on that, just warn you most people lose.

And if my best guess here is correct, I hate to say this- expecting relocation to a closer workplace sounds really bad. If you want relocation you need to accept any workplace - nearer sounds like a fictitious claim for your convenience. Plus, it's going to follow you.

I'm not urging you to drop your case. But be realistic. And start looking for another job now. I think you need to.

Sorry.

Undervalued

Just_Passing_Bi wrote: »

I'd rather not go into to much detail here for obvious reasons.

I've suffered workplace harassment based on one of the protected characteristics under TEA, grievance and appeal not upheld, this is now at ET status, resulting in unable to attend work until resolved.

Even with mediation, I very much doubt the offenders will change, if I was to relocate my position, I'm of the opinion I'm able to fully function, I'll have no reason to interact with them.

PTSD is due to issues I experienced following a serious assault, the issues I've experienced during my employment has reopened those wounds, more psychological than physical.

You need (and hopefully are getting) proper legal advice for someone who can hear the fully story and ask you questions.

However, the employer's position (grievance and appeal not upheld) is that there was, on the balance of probabilities, no harassment. So presumably they are defending the ET on those grounds?

I agree with Reading Tim earlier and now Sangie that it is hard to see any way out of this other than possibly an agreed settlement. Regardless of the rights and wrongs do you honestly think it will be possible to continue to work happily (or even tolerably) in the same company?

Sorry but I too think you need to try and get a settlement and move on. Fighting an ET (again regardless of "right") will be incredibly stressful.