Equality act, fit notes and workplace adjustments

[cheziecat]

Hello,

I am looking for some advice/information if possible - been going round in circles on the internet for way too long!

I have suffered from depression, anxiety and social phobia for a number of years now. I was forced to leave work in 2009 due to my condition and was on ESA until last year.
I started full time work in July as an administrator/typist, about 4 weeks after I started one of the staff announced she was leaving and she suggested to the chief exec that I would be a good candidate to take on her role. I was asked if I wanted to do it but in such a way that it would be frowned upon if I didn't say yes.
The new role has significantly more demands and responsibility, I am ok at the majority of the job but I cannot handle the responsibility, or rather the fact that it's my neck on the line if other people don't do their job properly.
When I was trained to do the role I was shown the technical aspects of the job but was not informed of the "management" side of it, maybe it was implied and I didn't realise.
I saw my g.p in November as I was becoming very stressed at work so he was aware then that there was something wrong.
Over the last few weeks my depression and anxiety has been extremely bad, I've been not eating / eating everything, not sleeping/sleeping too much, my life basically consisted of going to work, coming home, eating and sleeping and then the weekends were just spent dreading Monday morning.
I took a few days off work the week before last to see if this would help but it didn't so I made an appointment to see my g.p who signed me off for 2 weeks with anxiety and depression.
I have been off for a week so far and have to go back to see my g.p on Thursday.
I have decided that I want to return to my original role in the company, my problems are that this role was filled by a new member of staff when I started my new role so technically I don't have a job to go back to.
I have not signed a new contract for this role or had a payrise but that was down to it affecting my tax credit payments. I want my g.p to support my decision which am sure he will and therefore hope that my employer makes the reasonable adjustments (my boss has admitted on numerous occasions that if they want to get rid of someone they will!).
My fear is that they won't and I have been trying to work out whether I am classed as disabled under the equality act 2010, the old disability discrimination act said that my condition had to affect my memory or ability to learn, concentrate or understand which it doesn't but the equality act seems a little more general so I am not sure if I would be classed as disabled under the terms of the equality act or not.
Basically, I don't think my employer will want to make the reasonable adjustments suggested by myself and my g.p but if I am classed as disabled then they will have to.

Sorry for the length of this, I just wanted to make sure you got all the facts.

Thanks for reading and any advice/help would be hugely appreciated :)

Cheryl

[Beagle]

Hi

A disability has to affect your ability to perform everyday functions (eating, dressing, caring for yourself etc.) over a period of at least 12 months. If you were once described as disabled, but are not now, you are still protected from discrimination under the diability sections of the Equality Act 2010.

Was there a probation period with your promotion? If there was and it has not passed then you may be in a strong position to request a return to your former duties. I assume that your replacement is also within a probation period. I suggest writing down your concerns and then having an informal chat with your emplyer. If they are worth working for then they will either discuss options about returning to your former role or offer you support/development so that you are confident and sucessful in your new role. If you have any doubts about your employers reaction consult with the Citizens Advice or ACAS.

[kittikat]

Hi Cheryl,

Sorry to hear what you are going through at the moment :hugs:

I have had some issues with work over the past year and they are currently ongoing. My understanding is that if you suffer a MH condition that has lasted (or is likely to last) more than a year, you are covered by the Equalities Act.

I am covered. In that sense, you are right, the emloyer has a duty of care to make reasonable adjustments to help you. They should definitely take on board any suggestions made by your GP or Occupational Health (if you are sent to see them).

I hope this helps. I wish you the best of luck. Kitti :)

---------- Post added at 13:08 ---------- Previous post was at 13:05 ----------

Just seen Beagle's post and I have to agree, book an appointment with your local CAB...I did and they were really helpful.

[Mark13]

From what I understand, although the definitions of disability are strict, they apply to your condition without treatment.

My Occupational Health advisers have consistently stated that I'm covered undered the Equality Act, my employers accept that, and I have a range of Reasonable Adjustments.

I do have a physical / brain related condition also, which is classed as a disability, but OHS have stated that both conditions, the mental and physical, are covered.

I have had GAD for years though, and had lots of time off, medications etc, so I suppose my case is pretty straightforward.

So they accept that without the medications I take, the CBT I've had etc, that my anxiety would be disabling.

[Annie0904]

Occupational Health have also stated that my anxiety comes under the 2010 disability act.

[Elle-Kay]

I've also been advised by MIND that anxiety is covered under the 2010 Equality Act.

[cheziecat]

Thank you all so much for your replies :D
Feel a little more confident about things now. I was actually attending Mind for about 6 months in 2011 so I may get back in touch with them and see what they think too.
Hopefully my gp will be ok with me on Thursday and then if he approves my idea then I'll try and arrange a meeting with my manager for Friday so we can see if we can sort something out for Monday.

Thanks again

Cheryl