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Thread: What are my rights with mental health in the workplace?

  1. #1
    Join Date
    May 2010
    Posts
    516

    Question What are my rights with mental health in the workplace?

    I'm driving myself insane looking through every artical that comes up on google.
    What I want to know is if this would be classed as indirect discrimination:

    My friend was taken into the office by a manager on Friday saying that she shouldn't speak to me and that if she wants the job she went for she won't. Now my friend over indulges in what's true and I know that, so she, myself and another good friend had a good laugh about it and mentioned it on facebook. My other friend got taken into the office yesterday and told that what goes on in the office is to be kept private and that that's "not exactly what she said". So the she obviously had elaborated what was said, but the face that a manager has turned round and not denied she said anything makes me think she did say something along them lines.
    I hope you're still with me!

    Basically, if said manager has turned round to an employee and said to not speak to someone who has a mental health problem and not said the same about someone else would I be able to go for indirect discrimination because I have bipolar and noone else does and she's picked on me.

    I admit I am quite a poor performer in work, whether manic or depressed because when depressed I just don't care and when in a high mood I feel I'm doing great but always get dragged into the office. I've been under so much stress lately and I'm just starting to let rip at managers and HR. None of them understand, a friend who works with me has depression, they don't even understand that nevermind bipolar.

    Anyway, if anyone can help me or point me in the right direction I'd really appreciate it
    __________________
    I can't go back, but I can appreciate what I have right now, and I can define myself by what I am, instead of what I'm not. I'm alive. Everything else is negotiable.
    Lizz

  2. #2

    Re: What are my rights with mental health in the workplace?

    I thought this may be relevant to you,

    http://www.nomorepanic.co.uk/showpos...0&postcount=25

    Its one of my posts.

  3. #3
    Join Date
    Jun 2010
    Posts
    1,266

    Re: What are my rights with mental health in the workplace?

    Hi there

    Long-term health problems (physical or mental) used to be dealt with under the Disability Discrimination Acti, but this has been superseded by the Equalities Act which came into force in October last year.

    Basically, a health condition that lasts for longer than 12 months (which will include your bipolar disorder) has to be taken into account by employers.

    Now, I probably need to stress that this doesn't make you completely immune to losing your job (I'm a senior trade union official where I work), but it does mean that employers have got to take it into account and make what are termed "reasonable adjustments" to help you do your job.

    If you are having problems keeping your cool at work, I suggest that you go and have a chat with your GP about this, as it might mean that you need some sort of extra support, which it's a change in medication or some other assistance. Your employer do have to take your condition into account as a reason for your behaviour, but they do still have the right to discipline you if they feel that there is no other reasonable course of action that they can take.

    If you want a bit of advice off the forum about this, please feel free to PM me and I'll try and help out.

  4. #4
    Join Date
    Dec 2010
    Posts
    1,174

    Re: What are my rights with mental health in the workplace?

    Can't comment on the legal issues surrounding your post - I am no expert.

    But, I would advise that you should really not put into public domain (ie., Facebook) any comments that you would not be happy to have repeated anywhere else. If you say things that could get you into trouble at work on Facebook, then it really is sensible not to post - don't you think?

    Good luck


  5. #5
    Join Date
    Sep 2009
    Posts
    823

    Re: What are my rights with mental health in the workplace?

    I would discourage you, and anybody, from taking action due to any perceived discrimination against mental health, or even to mention mental health problems at work.

    Your manager's actions were completely inappropriate and you have a right to be angry at her, but it might not be worth following it up, as you don't have evidence it was due to mental health problems.

    On a more general note, while it is sad that people discriminate against mental health problems, it is a fact and everybody should be careful about what they say to employers. After all, you have to see it from their side. A person with mental health problems may (or may not, depending on the case) have a great deal of time off work. This puts them under stress too and they may resent this.

    I'm not saying you're flying the flag for mental health at work or being overzealous, Lizziesaurus, you have every right to be upset with your manager's behaviour. I would just say that we should all be careful about letting on at work about illness, as harsh as that sounds!

  6. #6
    Join Date
    May 2010
    Posts
    516

    Re: What are my rights with mental health in the workplace?

    Thanks for the replies guys. I have decided to just stop caring and get on with it, it's causing me far too much stress which is doing me no good.
    I'm doing my best to keep myself out of trouble but like this morning I put 2 people onto the wrong flight, I don't like to use it as an excuse but my mood's currently low and when it is my concentration, attention to detail and general all round caring goes out the window. I tried so hard to shut it all out but I guess I can't change the way my mind works.
    __________________
    I can't go back, but I can appreciate what I have right now, and I can define myself by what I am, instead of what I'm not. I'm alive. Everything else is negotiable.
    Lizz

  7. #7
    Join Date
    Jan 2011
    Posts
    99

    Re: What are my rights with mental health in the workplace?

    Hi Lizzie

    Yes you can change the way your mind works. Have you considered asking your doctor for a referal to CBT or you might be able to refer yourself.

    Stay away from Facebook......never put anything on a social networking site that you don't mind the whole world seeing. Some employers actually monitor Facebook for what their employees are saying and will also check out job applicants. I believe one of the big supermarkets employs someone whose job is to monitor Facebook.....coo I wish I could get a job like that!!!!!

    Take a deep breath and concentrate on doing the best you can at work and don't listen to gossip.

    Take care Thyme

  8. #8
    Join Date
    May 2010
    Posts
    516

    Re: What are my rights with mental health in the workplace?

    I've heard of cbt, not thought much about it but guess it's worth asking at the next docs visit!
    I never even put anything bad on facebook, I've been dragged in many times before about it so don't say anything that can incriminate me, it was my friend who did it just happens to typically involve me, no one said anything today though so that's good.

    I think i may have tempted fate though, last week in abit of a rage I asked whati should do if I get ill and would you believe it I'm coming down with something, even a simple cold can leave me bed ridden in this mood not to mention the stress, luckily the nytol I got is helping me sleep so one problems at least solved, for now! Oh and my backs playing up again, I really am just falling to pieces!!
    __________________
    I can't go back, but I can appreciate what I have right now, and I can define myself by what I am, instead of what I'm not. I'm alive. Everything else is negotiable.
    Lizz

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