Am I being discriminated at work against post natal depression which has lasted for more than 12 months?

[Skysha]

Hello everyone I hope you are all well....
So I'd like to ask for some advice if anyone has the spare time to lend me some as I am going out of my mind thinking of all the potential possibilities.
I had a set of twin girls in Feb 2018 and was meant to return to work as a Nursery Practitioner in a school at some point in Jan 2019
Since Jan I haven't returned, I was signed off until March due to PND(post natal depression) and since then I haven't returned even though I am fit to return.
There were various messages back and forth from occupational health to my psychiatrist to the school etc. Anyhow I recently had a new report from occupational and they have said, that due to the nature of the PND I should have a phased return to work in a supernumerary supervised capacity. I'm not entirely sure what that even means.
However, I have a very big gut feeling that the school will refuse and say they cannot accommodate around those reasonable adjustments and will want to sack me. The reason of sacking they will most likely put down to 'concerns of safeguarding'

So do I stand a chance of taking them to a tribunal?
Has anyone been in a similar situation?

It's a very confusing situation because they have been paying me since Jan 2019 when I should have returned. Part of me feels like they genuinely want me to return, but if they did then surely they would make those reasonable adjustments?

You haven't said that they have refused to make these adjustments, just that you have a gut feeling about it. You cant take them to a tribunal if they haven't done anything wrong yet

They haven't actually done anything wrong yet.

You need a meeting with them to discuss your return.

Well maybe they will make the adjustments? What makes you think they won’t? Have they previously prevented you returning even though you say you’re fit to work?

Reasonable adjustments are part of the equality act. If you have a proper diagnosis and recommendations from a psychiatrist, you should be covered. However, if it continues for a long time, a business is not expected to just keep paying . The company should have a policy with these time scales written down. You need to get hold of that sickness policy.

They have been suggested before by OH that I should have a phased return in a supervised condition that could be met environmentally and they said they cannot accommodate to that. That's why I think they will reject again.

I have had a proper diagnosis and have had my psychiatrist suggest I return on a phased return

Your posts seem a bit contradictory. Have they turned down a phased return or are you worried that they might do?

I'm a bit confused too. You say that you haven't worked since March, even though you are able to. Why is that? What has been happening for the last 7 months? Are you still on paid sick leave?

Since Jan I haven't returned, I was signed off until March due to PND(post natal depression) and since then I haven't returned even though I am fit to return.

Why have you not returned to work for the past 7 months?

So OH have suggested in a report that was made in March that I come back on a phased return and have a supernumerary supervised capacity but my school said they couldn't not accommodate that. So the same outcome has come again and for that reason I think they will refuse. Although I have been fit to work, they medically suspended me and i haven't returned at all and have been getting paid since Jan.
I did go through some manic episodes and I was hearing voices for more than a year. I was also very suicidal and all of this my employer found out from OH findings. But I'm better now I dont hear voices anymore I dont feel suicidal anymore etc.

I would have loved to returned, but I was off sick from jan to march. Since march I have been fit to work even my psychiatrist said so but because of what I experienced during post natal depression, the voices, the thoughts, overdosing on medicine, suicidal attempts my employer now believes I am a risk to myself and others around me. So they have been writing back and forth to OH and I'm having meetings here and there which ofcourse I'm more than happy to attend to.

How long are they proposing when they say ‘phased’ return OP? If it’s a couple of weeks it would be very hard to argue that they can’t accommodate it, especially as they’ve been paying you and presumably another worker to do your sick leave at the same time for months.
If I remember correctly ignorant comments have been made by the safeguarding lead at the school that you’re not safe to be around children due to the nature of your voices/psychosis...?

So my original job has been taken over by someone else on a permanent basis. she has been offered it and accepted it whilst I was pregnant but the school could still offer me other positions that they have available. My school is a 6 form entry so in total there are 6 classes per year great and it's a very big school, thus there are always jobs available. And yeah they are saying there are safeguarding concerns around the voices and psychosis that I heard which is my opinion is utterly unfair. I have worked so hard to get better and now that I am, I'm feeling like iv been judged the whole time.

Have you asked the school about the recommended phased return - I'm not clear as you start saying you think they will refuse and then that they have refused. If there are others in post could you shadow them as clearly you cannot return ft unsupervised. Presumably they have to put this supervision in place which may not be straightforward. Is your mh under control now? You could approach ACAS or Access to Work for their suggestions. Are you still classifed as off sick?

I have recommended to a phase return and work as an extra adult but they refused the offer in the past as in March when OH suggested too that's why I'm convinced they will reject again. And yes my MH is under control and I have gone so much better. And I have been fit to work since March but they medically suspended me. So since March I am deemed fit to work.

Looking at your thread in Employment Issues last month, it seems you have said things which raise child protection concerns for your employer. The fact that a phased return to work has been recommended is irrelevant if they are concerned that you may not be safe to work with children.

You need to call ACAS. There could potentially be discrimination if they refuse to make reasonable adjustments without good reason. Not sure if the safeguarding concern is considered good reason or not but I am struggling to understand why their word trumps the word of a psychiatrist as to your mental health status.

Have you got legal cover with any of your insurances or via work? Free specialist employment advice may also be available via your local Citizens Advice or via a local legal advice clinic. I would get further legal advice about this one if I were you due to the complexity.

Not sure if the safeguarding concern is considered good reason or not but I am struggling to understand why their word trumps the word of a psychiatrist as to your mental health status

The underlying issue is that the OP has said things which raise safeguarding concerns. That is completely independent from whether or not the psychiatrist thinks she is fit to return to work.

I'm sure I saw you on a pregnancy/line check thread earlier...are you concerned about a re-run if you have another child?

Luckily the pregnancy didn't last long and I ended up miscarrying, I probably would have terminated it anyway but I'm not concerned about the pregnancy or anything. And although there are safe garuding concerns it's more of what I felt and said during my psychosis period, and ofcourse I wasnt well so I cant possibly be held accountable for what I said when I was in a manic state?

Hi OP,

I think you need advice from someone in maternity employment law. Or someone who deals with HR issues and mental health. Due to equality legislation someone who has recovered from an episode of bad mental health cannot be discriminated against (get a lawyer to check). And your employer has to make reasonable accommodation - again, it seems they should be able to accommodate you on a short term basis.

If you are employed by the government could they transfer you to another school which is more flexible?

Post partum psychosis does raise the likelihood of further psychotic episodes (relapses) significantly. I’m not sure of discrimination legislation in this specific case, but just for yourself- do YOU feel that you could go back to work in a childcare setting without it being detrimental to your mental health/ levels of anxiety etc?

To say again, from the OP's previous thread I do not believe this is about the employer refusing to make reasonable adjustments. Based on a thread she posted last month, it appears to be about the school where the OP works being concerned that she is a safeguarding risk to pupils as a result of information she disclosed to the school's child protection officer.

There's not a lot of 'reasonable adjustments' that schools really want to do with an employee who discloses that they want to harm children.

yeah I did once disclose I wanted to harm my children. Bearing in mind I had a set of twins and was sleeping 2 hours a day with no extended family help. My husband was working extra as extras cost alot more. Anyhow I hallucinated etc and yes I disclosed some sensitive stuff but that doesnt mean I deserve to be refused to return to my old job because I said something. Plus my school aren't using that as a safeguarding concern, they used my mental health as a concern over what I disclosed.

This does sound to have been poorly managed for you OP, adding to your worries and stress, no doubt.
I'm not an expert, however having a disability under the equality act doesn't mean that your employer couldn't instigate capability procedure.
Can you speak to ACAS, CAB or an employment lawyer for proper advice?