OCD Action

Caps
Key Master

Here is another example of the law against disability discrimination working. It is important to note that employers must take reasonable steps to accommodate people who become disabled and that includes mental as well as physical disability.

"Twenty-two year old Hayley Tudor has won Â£20,000 damages against a former employer who had sacked her after she had a stroke and became blind. The case was supported by the DRC, Action for Blind People and Trafford Law Centre.

Hayley was dismissed from her job as an animal nursing assistant by Spen Corner Veterinary Surgery after she had a stroke in May 2005. She lost her sight as a result of her stroke. In July, Hayley phoned her employers to say she was out of hospital and could resume work only to be told she had already been sacked.

The Veterinary surgery had made an assumption without seeking any advice, that there was no point in even trying to continue to employ Hayley after her stroke. However, considering her job mainly consisted of receptionist duties, it would have been easy to make some reasonable adjustments for her.

Bert Massie, DRC Chairman, welcomed the legal judgment:

"This was a very clear case of direct discrimination because Hayley's employer made assumptions about her ability to carry out the job after she became disabled. Her employer also did not consider any reasonable adjustments to enable her to remain in employment. It is one of the first cases where the tribunal has had to consider direct discrimination and sets a standard for ensuring disabled people have equal rights in employment.""

Caps

Fri Jul 7 2006 17:06:25 #
leigh
Member

hi

i was sacked a year ago for having ocd i worked in a school and they saw me as a danger to children. I have gone on to be very sucessful in a tribunal which has only been part heard due to illness of one of the witnesess. I have been assesed at overall chances of winning unfair dismissal and disability discrimation at 75%. I am due back in court on 13th december however i have been offered a very large sum of money to settle out of court. I am still negotiating with my solicitor but feel this is very much a victory not just for myself but for everyone with ocd.

leigh

Tue Nov 6 2007 12:28:04 #
trisartpersonalposting
Member

Leigh, thank you for sharing your experience with us. It must have been very stressful for you to have taken your ex-employer to tribunal (and especially difficult given the nature of OCD symptoms) but it sounds like you have been successful so far. You have been very brave and quite an inspiration. You are obviously prepared to fight for what you know is right and this can only help employers and employees alike to realise the implications of disability discrimination.

Please do let us know how you get on.

Wed Nov 14 2007 10:36:59 #
swan
Member

Hi,
I have been in my present employment for nearly nine years, although when i was initially diagnosed reasonable adjustments were made. now i am being sent back to occupational health for third time and my ability to do my job is being questioned and i may possibly be offered redeployment which could be anything. ive started process of disability discrimination to protect myself for the future, so that i can be off sick without having my ability to do my job continually questioned which in itself effects my self confidence and self esteem ect ect ect.

Mon Mar 3 2008 19:02:42 #