My employer is discriminating using my previous episode of mental health

[Skysha]

Hello everyone, hope you are all well.

So I have a query that I'd like to seek advice for. It's pretty confusing and lengthy but I'd like to know if anyone has experienced something similar or has advice they can offer.

I work in a primary school as an Early Years Practitioner. I had a set of twins and was on mat leave for a full year. I was meant to return to work in Jan 19. I was on sick leave until March 19. I went through post natal psychosis and wasn't allowed to return to work and had a sick note. I was then issued a maybe fit to note work as long as I worked less days as my employer refused my request for flexible hours( part time hours). The school didn't allow me back yet and had constant reports sent between occupational health and my psychiatrist. Since March my psychiatrist has said I am fit to work and even then my school kept asking questions like am I fit to work with children etc. The reports not once stated I am not fit to work or that I have to be supervised but yet the school keep claiming I am not fit to work. They now have said they will offer me a settlement rather than harshly sacking me. The reason behind this is because they said I have safeguarding issues which I will explain.

During my maternity leave I spoke to my schools child protection officer. My son also goes to the school I work in and wanted to seek some advice and disclosed some information like I wanted to drown my twins when they were born. I know it's very harsh to hear that but I was having a psychotic episode. Anyhow I told her several times I am speaking as a parent of my son not as a staff. She told my employer (the school). Surely if she had concerns she could have contacted my social worker who was fully aware of everything. The school then used what she said in a report to Occupatinal health.

So what id like to know is do I have any rights? And did the school breach confidentiality in terms of the conversation I had with the child protection officer. Even if she had concerns of me as an employer she could have told the school that I am experiencing some thoughts and I should be reviewed by occupational health. Surely if I was working in another school and told her then she wouldn't call my employer to tell them?
I am with a union who have agreed I can decide which way I want to go about things. I would have accepted a settlement but I am not willing to be judged on my episode of maniac I had and then be told I have safeguarding issues. The craziest part is they even said to me they will give me settlement alongside a glowing reference. How does that even make sense, they say I'm not fit to work with children but then we will offer you a good reference to go work in another school. I feel like I am being discriminated.

P.s in all the occupational health reports they haven't mentioned during my episode I had thoughts of harming the children so the only way the school could have come up with the idea that I have safeguarding concerns is because of the child protection officer who shared what I spoke about without my consent. And for anyone wondering I have gotten much better and have come a long way.

If you say something that raises a possible child protection concern, as you did, that takes away any right to confidentiality. The child protection officer was absolutely right to share what you said with the school. They should also have told the LADO.

It seems they may be discriminating against you on the basis of your mental health. However, I am sure they would argue that, even if this is discrimination, their actions are a proportionate means of achieving a legitimate aim. The aim of safeguarding children is clearly legitimate so the question is whether dismissing you would be a proportionate means of achieving that aim. If the tribunal accepted that the school's actions were proportionate a discrimination claim would fail.

As they have offered you a settlement agreement, they are giving you a way out without taking them to tribunal. The amount offered will be less than a tribunal would award if you won but it takes away the stress of going through tribunal with the possibility of losing and ending up with nothing.

Ultimately it is up to you but it is clear the school doesn't want you back so, in my view, your best route is probably to get the union or your lawyer to negotiate for an improved settlement - it is quite likely that they will be willing to give you more than their initial offer.

If you are confident that these thoughts have truly gone, and you no longer experience these thoughts, I would fight it. Get the job back, work for few months to prove a point and then leave.

I'm not sure if your confidentiality was breached (i dont work in these places), but surely they are supposed to report what could harm the children? If something happens and your records are fetched, and they were found to have covered up what would have prevented the issue, they'll be in trouble.

Yes they had a duty to disclose what you said. If you say you intend to harm yourself or others they are not bound by confidentiality. I'd get tour union to negotiate your settlement and look for work elsewhere.

Get the job back

Once a settlement agreement has been offered, continuing to work for the employer is rarely a realistic option.

The OP's employer clearly doesn't want her. If she refuses the settlement the most likely outcome is that she will be sacked and will have to take her employer to tribunal if she wants a settlement. If she goes down this route she may end up with more than is on offer but she may lose and end up with nothing.

Thank you all for your responses and yes I suppose the child protection officer had her rights to inform my work place.
I do have a union rep who is trying to sort this out. My case referred to LADO but closed as I didn't meet the criteria and the school did not attempt to contact them either. And the thoughts that I had were when my girls were less than 4 weeks. Now my girls are over 1.5 years old. So it was a while back and was dealt with.
I now wonder how much I could claim in a tribunal and if it's worth me accepting a settlement. It's actually such a shame because I used to love working in that school and was a great practitioner.

I agree that it's not realistic to think you can go back, all that's left is negotiating the appropriate amount. They will need to pay for you to get your settlement agreement checked and receive advice on it. Whilst someone from a trade union can do this, I would suggest you instruct a competent employment solicitor locally to you. They will among other things be able to advise you on what a realistic award at a hypothetical tribunal might be (as well as how long the process would take, what's involved etc), and should be able to negotiate the amount up a bit.

Quick update so my employer went back to occupational health and I have finally returned. It's a phased return and in Jan 2020 I'll be back to full time. I'm so happy they reconsidered. No way should people have to loose their job because they had PND. Women shouldn't even have to fear speaking up and risk loosing their occupation. Thank you everyone who comments