Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you have any idea at all what the nature of these alleged complaints are?
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Many thanks for your patience. It is a tricky situation because on the one hand you have been the victim of harassment and assault, on the other hand you have displayed behaviours which the employer can pursue further against you. Whilst you may not have been exposed to these issues had you not worked for them, that does not mean that the employer can just ignore these issues because they are as a result of working for them. Saying that if they are as a direct result of your PTSD, then it could be that you will have some protection under discrimination legislation. If you are considered disabled under employment law (PTSD can be a disability if it satisfies the criteria) then an employer will have a duty to make reasonable adjustments. In this case these adjustments can be being more understanding about the effects your condition may have on your actions and behaviour and either ignoring or at least not treating these as seriously as they may normally do.
So whilst there is nothing stopping them from taking this matter further and perhaps looking into these incidents in more detail and even disciplining if they consider them serious enough, you can challenge this under the reasonable adjustments argument, as long as you can show that your condition amounted to a disability.
This is your basic legal position. I have more detailed advice for you in terms of the law on disability and how to establish if you are disabled, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In the legal sense of the word, disability can have a broad meaning and there is no single list of medical conditions that qualify. Instead, to establish whether a person is disabled, they need to show that they meet the legal definition of a ‘disability’.
The Equality Act 2010 defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.
I will break this definition down:
If a person satisfies the above criteria, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated unfavourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.
If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).