Working and disability

[orangeandlemons]

I have been off work with work related anxiety for 5 months. Am feeling bit better but still have high levels of anxiety triggered by absolutely nothing

I ahveseen Occ health, doc, Consultant and CBT advisor. All think different things. Consultant thinks I should only go back when absolute remission happens (which Iam beginning to think will NEVER happen). Occ health have said July, Doc will go with what I want. However CBT therapist is pushing me to go back, and as I have made more progres with her in 2 weeks than with any of the others I am inclined to think like her.

I still have high levels of anxiety, BUT, miss my colleagues, am bored, lonely and fed up at home, I am a teacher, and I even miss the kids. As I teach secondary school a lot of students have left for exams so timetable after 1/2 term will be much less stressful. I am also due to go down to 1/2 pay shortly which we really can't afford

All managers have been really supportive and patient, and are trying to hep me. I have been given a phased return when I need it, and a buddy system should I wobble.

This is the crux.I have a history of anxiety and depression, but when I started working there , there was no Disability Act. I eclared one episode on my application form at the time ( I think) back in the mid 90's, but didn't realise that it was then going to become basically a chronic condition. I have been on AD's for the last 8 years. I have had wobbles during this, but have always managed to work through them. This time I couldn't

Occ health have advised the aschool that I am likely to be covered by the disability at work Act, but am not sure what this means.

Do I tell my employers that I have a disability? When I am on Ad's, I usually function very well, but when off them I don't. As yet I haven't settled on an AD as all have caused terrible terrible anxiety side effects. I am on another now, but only at low dose, which hasn't caused the any awful side effects yet.

Am I disabled? What if I have another wobble on phased return? What do I tell them? Have 3rd meeting with incerdibly patient Head on Tues who is trying her best to get me back to work.

Help. What do I tell them?

[olgaga]

Qualifying for protection through the Disability Discrimination Act doesn't mean you are "disabled", it means your employers need to take the provisions of the Act into account in their dealings with you because you meet the criteria of disability as defined by the DDA.

That's why Occ Health are recommending these steps to your employer - they are "reasonable adjustments".

All anyone can tell you really is to try it and see.

You can read about the DDA on the ACAS website here:
www.acas.org.uk/index.aspx?articleid=1859

[orangeandlemons]

But when do they stop taking it into account?

If I am not disabled why do I qualify?(Sorryfor being thick)

[Ben10NeverAgain]

I;m confused Olgaga. Why would you say that the OP isn't disabled? She appears to be very disabled by her symptoms.

OP I'm in a very similar position. Off 18 months already and signed off for a nother 2 months - with a physical condition though. I do qualify under the Equality Act I understand. Given this Under the Equality Act 2010 a person is classified as disabled if they have a physical or mental impairment which has a substantial and long-term effect on their ability to carry out normal day-to-day activities. The OP definitely appears to have a disability.

Long term is having had or is likely to last 12 months.

I can't help you but I understand the need to get back to work completely. You just need to listen to the medics sometimes though. If you are ill you are ill, no matter what the reason is.

[orangeandlemons]

Am I disabled? Do work need to know?

Thanks for your help so far ladies

[Ben10NeverAgain]

I think that you have a disability. OH have told your school/LA that you are covered under the Equality Act. That means that

Your employer must not treat a disabled person less favourably because of something connected with the person?s disability.

They are putting the reasonable adjustments in place.

www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

I would call your consultant's secretary and get her to tell him what the CBT is saying to you about going back and see what he says. If your CBT has only been seeing you for a couple of weeks I would be loath to put their opinion ahead of a consultant. Obv my viewpoint is from a physical problem rather than an anxiety/depresssion pov.

As you work in a school can you "go back" at the end of July ie at the start of the school holidays so that your phased return can include any planning etc that you do in the holidays but means that you don't have to deal with pupils until July?

[orangeandlemons]

That's what OH said, but I am bored at home

[Ben10NeverAgain]

I get that. I've been here since Nov 2010. I really understand.

I did try to go back twice. Once I got there and managed 2 hours and ended up in tears. The other time I didn't even get to the motorway. Now I am resigned to the fact that being at work at the moment won't help me recover.

[orangeandlemons]

Ben10

Are you in touch with your workplace still, by that I mean colleagues. Obviously I know sick notes must still be going in.

[olgaga]

I;m confused Olgaga. Why would you say that the OP isn't disabled? She appears to be very disabled by her symptoms.

I did say that it is clear that OP was protected by the Act. OH have recommended to the employer that is the case and they appear to have accepted that as they have offered reasonable adjustments. (Many employers dispute it). But many people who are protected by the Act would not consider themselves to be disabled in the sense of being able to apply for disability benefits, for example.

OP was asking the question "Should I tell them (work) I am disabled?" but as the OH will already have recommended to them the measures they have put in place to comply with the Act, so there is no need.

The DDA formed part of the Equality Act which came into force in 2010 - sorry for any confusion.

It's important to remember that none of this means you can't be dismissed on capability grounds. It just means they have to comply with the provisions of the Act before they dismiss you.

^For example: an employee who has been off sick for a long period of time
because of his or her disability and cannot say when he or she will be fit for work. If the employer dismisses this person this is discrimination arising from disability. This dismissal may be justified depending on the nature of the job, the size of the employer and the period of absence because the job cannot be held open for a long period of time. If your employer?s actions are justified, then your claim for disability discrimination would not succeed.^

Full document here:
www.dls.org.uk/advice/factsheet/employment/employment_rights_under_the_DDA/Employment%20Rights%20Under%20the%20Equality%20Act.pdf

[Ben10NeverAgain]

I'm in contact by FB with my colleagues. My line manager calls me v occasionally

[olgaga]

Your line manager will be contacting you enough to ensure you are in touch and haven't been forgotten about - but employers are wary of contacting employees who are off sick very frequently (particularly in workplace related anxiety) in case it prompts a complaint of harassment.

You really shouldn't go back in any circumstances if you feel it will have a detrimental effect on your health.

I think you should tell your HoD what you have told us:

As yet I haven't settled on an AD as all have caused terrible terrible anxiety side effects. I am on another now, but only at low dose, which hasn't caused the any awful side effects yet.

You just have to give these things time.

CBT is all very well - it does give you useful techniques - but you have to be well enough to put them into practice. If you have a clinical condition only medication will help you long term. Don't forget that CBT's are counsellors, not clinicians.

I think if your consultant is saying July and your GP is saying it's up to you, you should take your consultant's advice.

When does your paid sick leave run out?