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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73893
Experience:  Qualified Solicitor
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I have a issue at work about mental health discrimination I

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I have a issue at work about mental health discrimination I wondered if you could tell me what is considered as a reasonable request for help
JA: Was this discrimination issue discussed with a manager or HR? Or with a lawyer?
Customer: It was with a Manager
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: it’s a supermarket I’m a contract cleaner
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Please explain your situation in some more detail

Customer: replied 11 days ago.
My current role as a car park cleaner in Asda for a company called City facilities management up until October 11th 2020 I’ve been quite comfortable in the role completing the general tasks within the 5 hour time limit but as from October 11th I’ve been required to do the same amount of work but in a shorter amount of time of 3 hours I’m really struggling to do this I’ve tried to talk to my manager about the issues only to be told it’s doable and shouted at so I feel that I require another support team and I don’t know who too turn to it was suggested to contact you the reason why I needed the support work In the first place is to do with my mental health I suffer with quite severe depression and I had self harming issues and suicide attempts for three years I’ve been fine but since October 11th I’ve started self harming again so I’m in desperate need of help please I beg is there anything you can do here’s hoping
Customer: replied 11 days ago.

OK thank you. How long have you worked there for and what are you ideally hoping for so that I can best advise?

Customer: replied 11 days ago.
I’ve been there since 2011 I what to go back up to 5 hours a day

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

You do have rights and they will generally be determined by whether your condition amounts to a disability in law. The legal definition of a ‘disability’ can have a broad meaning and there is no single list of medical conditions that can qualify. Potentially, any condition or ailment can amount to a disability if it meets the required criteria.

That criteria are contained in The Equality Act 2010, which 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 and examine it in more detail below:

- Physical or mental impairment – this can include practically any medical condition, be it a physical or mental impairment

- Substantial effect – the effect must be more than minor or trivial

- Long-term - the impairment must either have lasted or be likely to last for at least 12 months

- Normal day-to-day activities – these could include anything considered ‘normal’ in a person's normal daily routine (e.g. shopping, reading and writing, having a conversation or using the telephone, watching television, getting washed and dressed, preparing and eating food, carrying out household tasks, walking and travelling by various forms of transport, and taking part in social activities)

Please also take a look at this detailed guide on determining if you are disabled:

https://www.citizensadvice.org.uk/work/discrimination-at-work/checking-if-its-discrimination/check-if-youre-disabled-under-the-equality-act/

If a person satisfies the necessary criteria, they will be classified as being disabled in a legal sense and will have automatic protection against discrimination. This 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.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some common examples:

- making adjustments to work premises

- allocating some of the employee’s duties to others

- transferring the employee to fill an existing suitable vacancy

- altering the employee’s hours of work

- providing supervision or other support

Clearly, the most obvious reasonable adjustment here would be to allow you extra time to complete your duties and not place you under such pressure.

If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments, that would potentially amount to disability discrimination, which is unlawful. The first step to try and deal with this would be to raise a formal grievance.

If the grievance does not have the desired effect and the discrimination continues, a claim may have to be made for disability discrimination in the Employment Tribunal. The most important requirement with that is it must be submitted within 3 months of the alleged discriminatory act taking place. The next steps to start the process would be to initiate what is known as an ‘early conciliation’ procedure through ACAS, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-####

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
Darn by the looks of it I’m not going win by the looks of it I might be loosing my job oh well thank you for your help and patience

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 11 days ago.
you Bye

thank you

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