mental health discrimination

[APerson]

I am on sick leave from work. I have anxiety and stress due to bullying and discrimination which I have a grievance against my manager about.

My GP has encouraged me to do as much as possible to keep my mind active and to distract myself. So I have been going to the gym, walks with my dog and I have started a Psychology course online. I also told work OH when I was referred and OH also agreed it would help with my MH. I told my HR manager who also said the course sounded interesting. I am using my own money.

Now my line manager is complaining that I shouldn't be studying if I am off work sick with stress.

Is this discrimination? I am saying it is but now HR (the same HR who said it was okay) are saying "why do you think it is discrimination"?

I got the okay from GP and OH, and also HR but now its a problem? I'm trying to keep my mind distracted and aid my recovery.

@curlsnotfrizz bullying at work can lead to depression and other clearly recognised mental health conditions which are disabilities so are covered under the law.

In addition employers mustn't harm an employee's health and this includes their mental health.

All this has been tested out in court.

OP you need to clearly tell your HR department (and have a record) if you think your mental health conditions are a disability as then your LM will be told not to have any contact with you to avoid their actions the actions being classed as victimisation.

@curlsnotfrizz bullying at work can lead to depression and other clearly recognised mental health conditions which are disabilities so are covered under the law.

I know that. But OP said she was signed off with stress because of bullying. That is not quite the same as a disability.

Just to clarify when MH can be considered a disability:

A mental health condition is considered a disability if it has a long-term effect on your normal day-to-day activity. This is defined under the Equality Act 2010.
Your condition is ‘long term’ if it lasts, or is likely to last, 12 months.

‘Normal day-to-day activity’ is defined as something you do regularly in a normal day. This includes things like using a computer, working set times or interacting with people.

That's good news, OP. Hopefully, that will help your recovery!

l got some good news late last night from my union rep that my manager is going to be disciplined. Is that not breaking confidentiality?

In fairness to @JustInCaseCakeHappens the point being made is that if the OP is doing well with all other aspects then surely eliminate the work side of things? It may help? I'd never want to work anywhere I was bullied and would probably feel down if that was the case.

I will wear my flame retardant jacket......
I am interested in the debate about the stigma of mental illness & how labels are applied & perceived
I have no doubt that some work places are toxic & some managers create a hostile work environment & this may create stress & lead to significant anxiety & depression in some individuals. They may do well when out of that environment & may be able to socialize & study to the point where others question if thay are really ill. Going back into that work place culture may precipitate a relapse if adjustments are not made. If adjustments cannot be made there is a very legitimate question as to whether the person might be best advised to find another job.

I also have no doubt that there are employees who perform poorly & when this is raised with them they claim they are being bullied & go off sick. There are also people who have interpersonal difficulties with colleagues & contribute to a difficult work environment.

I make no judgement on the OP & I wish her well but I think some of the different opinions expressed here may be a reflection of people's different experiences of good & bad work environments & colleagues.

I also think once someone is signed off due to workplace stress or bullying the road to rehabilitating them back into the workplace can be challenging for all involved..

@JennyWoodentop

It’s an interesting conversation (I am also interested in this conversation from several angles), but perhaps would be kind to start another thread rather than use this one?

Yes it may be a confidentiality issue but that's between my rep and HR, I'm staying out of it. I guess he was just trying to make me feel better as I've really struggled with the way I'm being treated.

And yes, there is definitely a perception that I'm in a little huff about the workload (very heavy workload, doing work higher than my grade!) rather than me being genuinely ill (feeling suicidal).