Hi.

A few years ago I applied for two jobs with the National Probation Service. The first was for one day a week as a community service supervisor and the other was as a handyman for one day per week.

I was very open about my mental health history of severe depression at interviews for the two posts and was subsequently offered both subject to HR acceptance.

Following a HR health report and recommendation, the NPS then retracted their offer for the supervision job and said that I should "take the handyman post to see how I get on". There were "concerns" that I might take time off.

I went to Tribunal myself and proved that I was entitled to bring the action under DDA but was not able to prove that I should have been treated better than I had been. However the, then, DRC came to my aid and I succeeded at appeal.

I believe that an important piece of case law was made. I was re-offered the supervisor job but had to decline because, by that time, I had been appointed as a Magistrate.

I'll also mention that whilst I was a handyman at the local office, I suffered a needlestick injury from one of a dozen or so syringes which had been dumped in the plastic liner of a bin which I had to empty. This didn't help my condition as I had to wait six months before I could be sure that I had not contracted HIV or Hepatitis. There was a clear health and safety issue which I, of course, pursued and which was settled out of court.

I subsequently used the same case law to bring an action against a supply teaching agency resulting in settlement out-of-court.

I have shared all this with you to demonstrate that discrimination can be successfully opposed by those of us with mental health difficulties. The treatment meted out to me certainly brought out the latent fight in me and made me stronger.

None of this was an easy road to travel and I did falter at times but my sense of outrage kept me going.

Be well, everyone and take nothing lying down.

Paul Paul.

For info:-

Paul v National Probation Service [2004] IRLR 190, [2003] UKEAT 0290_03_1311 is a UK labour law case, concerning the duty of an employer to make reasonable adjustments to accommodate employees with disabilities.