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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6475
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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My boss, the CEO, asked me out of the blue if I suffered

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My boss, the CEO, asked me out of the blue if I suffered from PTSD (I was in the Army for 20 years (symptoms have been mild to. In existent for years, it has never affected my work in 3.5 years I’ve been there). When I said yes they told me to inform the HR director. The subject then came up 2 weeks later during my annual performance review. I explained it’s not an issue but I’m worried it was taken into an account with a less than expected performance grade. Are they out of order by asking me such questions.

Hello my name is***** am a solicitor and I am happy to help you today.

How long have you worked for your current employer for?

Customer: replied 3 months ago.
Hi JennyI’ve been there 3 years, 4 months.

Is it your position that , as a direct result of disclosing PTSD, you have not received your expected performance grade?

Customer: replied 3 months ago.
potentially.

In that case you have an argument that this amounts to direct discrimination on the grounds of disability. PTSD will amount to disability for employment law purposes if it is long term and has a significant impact on your ability to carry out day to day activities.

I would suggest that you raise a grievance in the first instance and you can raise a claim in the employment tribunal if your employer cannot justify giving you the lower that anticipated grade. This is particularly the case if they are paying you less than you would have been paid if you had not disclosed the information.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: replied 3 months ago.
Hi Jenny, I said that the syntoms were mild to non existent and did not affect my day to day performance so I doubt I would have strong grounds to claim discrimination. I just through it odd that my boss asked me out of the blue in a performance review. Did they cross the line to ask this question?

No they are entitled to ask any question they wish especially if they think it impacts on your welfare. There is no problem with asking this question. It is if they have used the information against you that is the issue.

I would suggest you still raise a grievance as suggested.

Jenny and 4 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you, that’s clear.

NO problem all the best.