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Thread: Is GAD an actual disability?

  1. #1

    Is GAD an actual disability?

    I was wondering this in regards to returning to work and if I fall under having a disability.
    I have GAD and anorexia. I'm under GP care, on meds, been signed off sick for 4 months to date and presently have my first assessment with a mental health practitioner and psychologist on Friday.

    Work keep hassling me to go back soon. Maybe it would help I don't know. I'm worried about what kind of work they would impose on me though (I work in a sector with big targets/stress etc) and am afraid it will all be too much and knock me for six back onto the sick again.
    I would prefer to do less days, less stressful role to help me in my recovery but am not sure what my employer is obliged to do :/
    I am also actively looking for a different line of work altogether but that too may be too much to handle at first, hours and such and I can't expect a new employer to make leniency to my illness if I was newly employed.

    If it is classed as a disability, would that help in regards to work type and load and hours I could comfortably do?

    I'm also down to ssp now which is hard to live off with our baby. My partner and I are not entitled to any tax credits help as we earned too much the previous year.

    I feel like the lack of money is addition stress and making my disorders 10 times worse.

    Any advice or experience?

    x

  2. #2
    Join Date
    Mar 2014
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    27,320

    Re: Is GAD an actual disability?

    Yes, it is covered under the Disability Discrimination Action 1995:

    http://www.legislation.gov.uk/ukpga/1995/50/contents

    Initially it didn't cover mental health issues but I understand this was adjusted later.

    I gave up on my employer in the end because a) no one would agree if anxiety & depression was covered but would say yes but it was the other parties duty to confirm it (so, occupational health blamed HR and vice versa) and b) my manager was dodgy & covering up his errors leading to my sickness. I took them through disciplinaries in the end, which I won, and they still dragged their heels on even discussing making reasonable adjustments so I made the decision to prioritise my health and leave.

    This is just my workplace which was well known for these issues and many people left because of it so it doesn't mean you will face the same.

    A place to start would be to document what it is about the place that is causing you problems and then how it could be fixed. This gives them something to consider in helping you.

    Getting occupational health onboard can also help. They were fine with me and actually backed me over my managers handling of the whole thing.

    There are also options for redundancy due to health issues which can occur where a) you enter the capability process and its agreed by both sides that the process would be damaging to you health and b) where the employer agrees you cannot return without damaging your health further or maybe can't agree to the reasonable adjustments and feel a dismissal would be better for them. I know less about these though and you really need to check them out / seek independent advice before going this route as you need to ensure they follow the procedure correctly given some employers are happy to be dodgy and see if people trip them up.

  3. #3
    Join Date
    Aug 2012
    Posts
    12,410

    Re: Is GAD an actual disability?

    The Equality act of 2010 covers Mental Health and under this act Employers have a duty of care to anyone diagnosed with anxiety/stress.
    Your employer should make a stress management plan to help you on your return and possibly a phased return.
    You would most likely be referred to Occupational health too who will support you.

  4. #4
    Join Date
    Mar 2014
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    27,320

    Re: Is GAD an actual disability?

    Quote Originally Posted by Annie0904 View Post
    The Equality act of 2010 covers Mental Health and under this act Employers have a duty of care to anyone diagnosed with anxiety/stress.
    Your employer should make a stress management plan to help you on your return and possibly a phased return.
    You would most likely be referred to Occupational health too who will support you.
    Far point Annie, 3 Acts into one for The Equality Act.

    Some of the larger charity campaigners have advice on their websites about reasonable adjustments so these might help:

    http://www.time-to-change.org.uk/you...le-adjustments

    https://www.google.co.uk/url?sa=t&rc...M2tKYDG2xUC-0w

  5. #5

    Re: Is GAD an actual disability?

    Thankyou for both of your replies, I am going to have a look at those links now. Am also going to see if I can get some advice from the professionals at my apt on Friday.
    Occupational health were actually involved at one point but we're as useful as a chocolate teapot :/

    Does anyone know what would happen if I was dismissed? Would that just be me no money then :/

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