Does the Disability Act cover depression?

[claw3]

Im posting here because you guys really know your stuff.

Since an accident a couple of years ago, DP has suffered with depression.

He has worked at the same place for about 6 years now and has a supervisor who really has it in for him. This supervisor is always running to the boss to report dp, even though his allegation are always proven to be wrong. For example he will report that dp hasnt done 'enough' work, yet when the work dockets are checked, dp has done twice as much as him etc,etc. Supervisor crosses his own name off of work dockets and writes dp's name on them. But still his supervisor continues to report these non existence things to the boss on a daily basis. He also slags off dp to anyone who will listen and refers to DP as a piss taker for taking time of work with depression. Supervisor refuses to even speak to DP or be in the same room as him.

DP made a complaint about his harassment to Head Office. Manager came and spoke to them both and arranged another meeting, which was then cancelled.

Since then dp has received a letter from his boss stating that Head Office want to meet with dp to discuss. (reported to them by supervisor)

1. why he left work early one day (he had permission from his boss to leave)

1. why he was late for work one morning (he had phoned to say he was going to be late)

1. Why he was late back from lunch one day (in the 6 years he has worked there he has NEVER taken a lunch break, this was the first time that he not worked through his lunch break)

So supervisor has the hump because dp has taken time off with depression. DP finally complains to Head Office, Head office ignore his complaint, then turn the tables on DP.

What do you think?

I think the current definition is in the 2010 Equality Act:

A person (P) has a disability if?
(a) P has a physical or mental impairment, and
(b) the impairment has a substantial and long-term adverse effect on P?s ability to carry out normal day-to-day activities.

Is he a member or can he quickly become a member of a trade union? Then would be able to get free legal advice or might have some free legal advice via household insurance?

Thanks Agnes, no he is not a member of a trade union. He has just shown me the letter, its more than a letter its an investigatory meeting and it ends 'we also put you on notice that subject to our findings potential or possible outcomes could be warnings, demotion or dismissal.

Meeting is tomorrow!

Seems they want rid of dp because of the time he has taken off sick with depression, which isnt helped by the constant raising false allegations of under performance by his supervisor over the last 2 years.

Was just wondering if the disability act would apply in this situation.

Just had a quick look in my employment law book... depression is covered, however it may fail to meet other aspects of the definition of disability - for example it may not have a substantial adverse effect for as long as 12 months.

I'll read on and post anything else i can find that may help

It looks as though the worker will need to provide proof that he has a disability. I suppose this means medical evidence... did your DP get a report done by a psychiatrist after his accident? Could he get a copy of this to provide proof?

Apparantly simply producing copies of medical certificates isnt enough, especially if they use words like 'anxiety, stress' etc as they describe symptoms, not necessarily illnesses.

He has taken anti depression medication since the accident.

His leg was run over by a 3 ton truck and it caused a lot of damage and scarring, and he now walks with a limp etc, etc. He is currently being assessed by a psychiatrist, but no report as yet, its ongoing.

His GP has written depression on sick notes.

It's a condition he has had for more than a year and the employer knows this? If yes, then it is covered by disability act as far as I can see.

Does it affect him in the way he does the job? An example would be difficulty concentrating.

Has the employer made 'reasonable adjustments' to allow your DP to do his work despite his disability? This could be something like being able to be flexible about breaks due to his lack of concentration.. or something like that. If they haven't so far, then they should - they cannot just sack someone who is disabled.

Yes he has had it for about 2 years now and his employer is aware of this.

It affects him, as in he has good/bad days, some days he cannot sleep or he cannot even get out of bed or function. So he is either fine and at work or totally down and unable to function.

The constant criticism and persistent false allegations on a daily basis for 2 years from the supervisor have really affected his depression.

Claw, As I understand it the Equality Act has been passed but is not law until October.

This is from the government site

www.direct.gov.uk/en/DisabledPeople/HealthAndSupport/MentalHealth/DG_10023351:

The Disability Discrimination Act

If your mental illness has a substantial, adverse and long-term effect on your ability to carry out normal day-to-day activities then you are likely to be covered by the Disability Discrimination Act. The Act also covers people who have had a disability in the past.

The Act does not provide a list of impairments that are covered, but instead considers the effects of an impairment on a person.

For example, someone with a mild form of depression with only minor effects may not be covered, while someone with severe depression with substantial effects on their daily life is likely to be considered as disabled under the Act.

It is against the law for an employer:

?to discriminate directly against you if you are disabled or because you are associated with someone who is disabled, for example, your partner or child
?to treat you less favourably because of your disability - including recruitment and selection, terms and conditions, dismissal and redundancy.
?not to make reasonable adjustments to the workplace to enable you to work or to continue to work
?to harass you if you are disabled
?to victimise you if you take legal action because of discrimination against you, or if you help someone else to take legal action because of discrimination.

Employers can treat disabled people less favourably only if they have a sufficiently justifiable reason for doing so, and only if the problem cannot be overcome by making 'reasonable adjustments'.

Just to add that this can get a bit complicated.

The case of the London Borough of Lewisham v Malcolm [2008] UKHL 43 says that in deciding whether the disabled person had been treated less favourably, the court must compare his/her treatment with that of any other person who acts in the same way. If the treatment was the same, there is no discrimination.

However, I understand that the Equality Act (just received assent this month but not yet in force) has made changes so that a new ground of disability discrimination, called ?discrimination arising from disability? sidesteps the effects of Malcolm. It also introduces indirect disability discrimination.

Employers will now have more freedom to dismiss absent disabled employees, even if the absence is disability-related, so long as they can show that a non-disabled employee with the same level of absence would have been treated in the same way.

However, employers will still need to comply with the duty to make reasonable adjustments under the Disability Discrimination Act (DDA) before deciding to dismiss a disabled employee on the grounds of absence and this case should not be seen as a green light to ignoring obligations towards disabled employees.

Lots of cutting and pasting from various sites above but CAT me if you think I can help further.

Good luck.

Sorry, that should say 'Under Malcolm, Employers will now have more freedom to dismiss absent disabled employees, even if the absence is disability-related, so long as they can show that a non-disabled employee with the same level of absence would have been treated in the same way.

However, employers will still need to comply with the duty to make reasonable adjustments under the Disability Discrimination Act (DDA) before deciding to dismiss a disabled employee on the grounds of absence and this case should not be seen as a green light to ignoring obligations towards disabled employees.'

But this is to change with the Equality Act

Thanks Debs, perhaps i will just leave the Disability Act out of it.

This supervisor is just making dp working there a nightmare for him. Dp hasnt taken that much sick leave because of it, most days he is fine, but he thinks its unfair that dp gets to take sick leave for depression and is constantly on dp case.

Thanks again Debs, I prepared a statement for dp (he just feels like telling them to F* off)

This supervisor makes no secret of the fact that he is hostile towards dp because of his depression. A supervisor who refuses to speak to him or even be in the same room as him because he has taken time off work with depression!

I did quote some of your DDA and point out that despite previously complaining to Head Office in writing they have taken no action and have chosen instead to arrange a meeting to investigate minor or unsubstantiated allegations against dp.

All i need right now is dp losing his job!

It may be worth getting some advice from CAB or ACAS about constructive dismissal.

ACAS have lots of really good advice on their website about employment law, employees rights and such so it could be worth a surf before you write anything.

Thanks Al1son, i will have a look at the website.

Unfortunately they only gave dp the letter yesterday arranging a meeting for today at 11am.

The supervisor is a right sleaze, he gives all his work (which is supposed to shared between him and dp) so dp is now doing all the work, then complains to the boss that dp is not getting enough work done. He literally crosses off his name from the work docket and writes in dp's name in front of dp and other employees! (to make up for the time, dp has taken off with depression)

I had to arm dp with something in written this morning, as dp has really had enough and just wants to smack this guy one!

hope all goes well today, claw.

I htink you're doing brilliantly - juggling lots of different balls. Do try to take anafternoon/evening off for yourself - don't get lost in all this; it's a marathon, not a sprint

Silver, thank you just seems to be one thing after another at the moment and im always having to be the 'strong' one.

Still these things cant be helped i suppose and there is never a 'right' time for things to happen!

I went shopping with ds1 (16) yesterday, just me and him, to buy a prom suit and ate out etc, which was nice and he looked so handsome in his suit so its not all doom and gloom thank god.

Claw, hope it all went ok today. These things do come in clumps of crap don't they? It's hard not to feel like the world is after you!

Let us know how he got on. It's hard enough coping with depression without dealing with this type of jerk

Just spoke briefly to dp to see how it went. Seems the statement worked (i emailed the Head Office a copy last night)

He said there was lots of back tracking going on and the meeting amounted to nothing. I pointed out in the email that dp works through his lunch break and is generally a real team player taking on work which is not his responsibility etc and how petty they were being etc. Apparently the meeting turned into singing dp's praises

The meeting that was cancelled to deal with dp's harassment has been made for the 1st June.

Apparently lady from Head Office via video link, told dp she had received the email but hadnt had a chance to read it yet!.....yeah right

So all is well again in the Claw household!

Thanks for your help Debs

Claw... you are really a one-woman whirlwind!! It must be great to have you on side. Well done and I'm really glad things have eased a bit. It is the last thing you need.

Always be aware too that the new Equality Act will bring in the concept of 'associated disability' - this already applies in employment (Coleman v Attridge Law) - which means that carers may be covered by disability discrimination too.

LOL a whirlwind indeed!

Thanks for info Debs, i will look forward to using that one on school, all this over anxious mother marlarky

well done, claw, thatmust be a weight off your mind fr now (although your poor dp still has the issue of his supervisor )

at least oyu have a hearing date for your dp's claim now, as well. one more thing ot work towards and then cross off as achieved

Thanks Silver, dp has booked the next 2 weeks off of work too, starting from Monday. That should please his supervisor, having to do all of dp's work while his off! ha ha!