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What are your rights as an OCD sufferer?

(9 posts) (4 voices)
  • Started 5 months ago by
  • Latest reply from wannabefree
  • This topic is Not a support question
  1. Avatar Image


    Unregistered

    Hi everyone,

    I came across a website called OCD Today. It appears to be a UK-based OCD information website, and I was reading through some of the information packs on there. I have cut and pasted some information from the OCD Today website, which relates to employees' rights. (Employees who have been diagnosed as suffering from OCD.) This may be useful to some readers who are having difficulty at work.

    (Please note: I have simply cut and pasted the information below from the OCD Today website. The below information is not my opinion; I did not write this information. So feel free to disagree with anything it says; I am simply bringing this article to everyone's attention, as it may be of interest to some of us.)

    For Employees -- How to manage your OCD in the workplace:

    OCD sufferers should make the conscious decision as to how to manage their disorder. One factor to consider is whether the individual needs to make their disorder known to colleagues and their employer. This can be a particularly difficult choice to make as they may fear being treated differently and discriminated against by others. The decision to disclose your OCD is a personal choice and a difficult one to make but people with OCD choose to do so because they need adjustments made to their working environment, others may want to educate people about their OCD or others may feel they do not want to hide something from their employer and colleagues, whatever the reason it's your decision.

    The Safeguards

    The Disability Discrimination Act 1995 (“DDA”) has been replaced by a new law called the Equality Act. This change came into place from the 1st October 2010. All the same rights disabled employees had under the Disability Discrimination Act 1995, such as the right to reasonable adjustments still carry on as before.

    The Equality Act 2010 as with the previous Disability Discrimination Act aims to protect disabled people and prevent disability discrimination. A person is defined as disabled under the Act if they have a "physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”.

    The four different elements of the definition above would need to be examined further to determine whether the disability is satisfied under the Act. There are many different types of mental health conditions which can lead to a disability. In this instance, OCD is clinically recognised, and depending on the varying degree of the condition.

    The new Equality Act is good news for carers of disabled people too. It offers carers protection from direct discrimination and harassment because of their association with a disabled person.

    It's understandable for a person with OCD to be worried about employee acceptance and stigma in the workplace but a person with these conditions may have the same quality, experience and skills of a healthy person. There are many employers committed to employing people with a disability and actively seek to recruit a diverse workforce. There are employers all over the UK who use the disability symbol ranging from very large to small organisations in a diversity of businesses.

    The Disability Symbol is a Jobcentre Plus scheme where employers can show they are fully prepared to make certain positive commitments towards employing disabled people.

    Disability Two Tick Symbol – “Positive About Disabled People”
    Mental health could be seen as a 'hidden' disability not apparent to others. Many people with hidden disabilities often feel they are not 'physically disabled' to fit in with the disabled community. People with hidden disabilities are caught up between not being fully accepted without having a disability but as mentioned previously, OCD is a mental health condition and is recognised as a disability which may be covered by the Act.
    Read through the following list to identify how your employer or line manager can accommodate you.
    1. Are you able to have a say about the way that you do or carry out your work?
    2. Do you have any control over your work patterns?
    3. Are you able to take breaks at appropriate times of the day?
    4. Do you receive sufficient information from your line manager to enable you to do your job properly?
    5. Do you get support from your line manager and other colleagues?
    6. Do you know how to obtain the support you need?
    7. Do you receive constructive or positive feedback about your work?
    8. Do you feel that you have good working relationships with your line manager or employer?
    9. Do you feel that any problems or conflicts you have at work are dealt with appropriately and in a correct manner?
    10. Do you receive adequate and timely information about planned changes at work?
    11. Do you have the opportunity to comment or discuss on planned changes which will directly affect your work?
    12. Do you receive full training to deal with any changes to your job or working environment?

    It will be necessary for the OCD sufferer to ask for these adjustments to be made. Such adjustments can include: flexible scheduling; allocating some of the work to somebody else; working from home; allowing time off work for counselling or therapy. It is the employees responsibility to request that these adjustments are made so don’t feel afraid or guilty to ask your employer. This will benefit both of you long term.
    It should be highlighted that employees are able to have time off work for counselling or psychotherapy as they would for any other medical appointment. Your line manager may ask to see written confirmation of the appointment.
    Talk to your Line Manager, Human Resources Manager or your Health & Safety Officer. Find out what options are available to you.
    If you feel you are unable to talk to your employer then please refer them to this website or let them get in touch with us where we will be happy to discuss any further questions they want answered.

    You may want to take the following into consideration:

    You will find a lot of organisations will include a medical questionnaire with every application form. By giving false information may prejudice your application and, later on, may even result in you being dismissed.
    The new Equality Act introduces completely new provisions that limits what an employer can ask a job applicant about their health before offering them a job.
    More details about the new Equality Act 2010. Directgov

    By law, if your employer is considering taking disciplinary action or dismissing you, they must comply with the statutory minimum three-step disciplinary procedure listed below.

    Step one: the written statement
    Step two: the meeting
    Step three: the appeal meeting

    For further information about the above please visit your local Citizen Advice Bureau or visit their website.

    Mon Dec 5 2011 17:14:20 #
  2. Avatar Image


    Unregistered

    Hi again,

    the OCD Today website also contains an information pack for Employers, explaining their duties to any employees with OCD. I have cut and pasted this information below.

    (Once again, please note that I did not prepare this information, so I am simply bringing it to everyone's attention, so that they can look at it and decide for themselves whether or not this information is correct.)

    For Employers:

    It is hoped there is a high number of employers who take great care in the health of their employees. Protecting the Health, safety and welfare of employees in the workplace would establish good occupational health standards. Looking after the health and well-being of your employees needn't break the bank balance but provide a productive workforce.

    Each week one million workers take time off work because of sickness. Don't let your business and employees add to this statistic! Work together with your employees and their trade unions to prevent illness leading to prolong sickness absence.

    Many employees feel they can't talk to their employers or line managers because of the stigma surrounding OCD and the mental health implications of being labeled 'mad' and also the fear of being stereotyped and victimised. Being bullied in the workplace leads to higher absence and lower productivity. Limiting or refusing to adapt an OCD sufferer could lead to self-esteem, isolation and hopelessness leading to low performance and productivity. Consider training for managers to help them understand this complex disorder or direct them to this website where we will be happy to answer any questions they may have.

    Considerable benefits can be delivered if employers and employees work in partnership. Employers can improve business performance if sickness levels are managed by delivering a better workplace relation. Give your employees the opportunity to discuss their concerns and matters regarding their performance or attendants.

    In fairness it can be difficult for employers to support their employees who have mental health problems should the employee choose not to discuss their disorder. Having an open and supportive environment in the workplace is paramount combined with addressing the stigma of mental health problems. This will benefit confidence in colleagues and encourage them to come forward and speak out about their disorder.

    We all know there is still a strain attached to mental health issues but this can be changed if the individual and the employer create a environment where people can seek help without fear of being stereotyped or discriminated against by others.

    Duty to make reasonably adjustments

    The duty to make reasonable adjustments is governed by the Equality Act 2010 (Disability Discrimination Act 1995 was replaced by the Equality Act in October 2010). This imposes a duty on the employer to take steps that are reasonable in all the circumstances to prevent the disabled person from being placed at a substantial disadvantage in comparison to others.

    Be aware that not all people who suffer from OCD will need adjustments in order to perform their jobs and a majority may only need a few.

    Employers could benefit from learning more about OCD and depression. In doing so it will prepare them should an employee voluntarily disclose any health problems. If such behaviours affect job performance or appear to be a threat to your employee’s health it is essential that the correct help is sought and action is taken accordingly.

    Questions to think about:
    1. What disadvantage is the employee with OCD experiencing?
    This can vary. One example could be that the OCD sufferer is finding it difficult to handle money because of hygiene. Another is over concerns with preciseness, order and neatness.
    2. How do these disadvantages affect the employee?
    A person with OCD doesn’t want to have these thoughts as they find them very unsettling.
    3. How do these disadvantages affect the employee’s job performance?
    An OCD sufferer will spend most of their time thinking about feared situations which can cause anxiety and stress. They may also find it difficult to maintain concentration and stay focused on their job. This can often make it impossible for them to continue with their work.
    4. What adjustments are available to reduce or eliminate these problems?
    Allocating the OCD sufferer’s duties to another colleague or transferring him to fill an existing vacancy.
    5. Has the employee been informed regarding possible adjustments?
    It is best to inform the employee as soon as possible with regards to any changes that have been made. The symptoms combined with the endless search for reassurance fall completely under the diagnosis of OCD. The quicker the employee receives reassurance, the better.
    6. Once adjustments are in place, would it be useful to meet with the employee to evaluate their effectiveness and determine whether anything additional needs to be put in place? This will play an important part for any organisation to maintain and enhance employee morale.

    If you’re an employer or line manager and want to talk to someone from OCD-TODAY please feel free to contact us and we will be happy to answer any questions you may have. Or alternatively you can refer your employee to our website.

    Remember that any medication can cause side effects on things like dangerous machinery and critical tasks.

    Mon Dec 5 2011 17:23:25 #
  3. I'm quite new joining the site an this has definitely been worthwhile reading reading as I having been having this problem recently that I haven't disclosed to my employer and as a result of alot intrusive thoughts daily sometimes I find it hard to focus on my job and have heard from others that as a result of this my boss thinks I'm a bit slow in the head, which is really quite the opposite as most of you will know.
    I'm still in 2 minds on disclosure but none the less thanks to this and the leaflet on the advocacy I was kindly directed to at least I now understand the pros and cons a little more and my legal standing thank you.

    Mon Dec 5 2011 17:56:13 #
  4. For information about employment and disability rights see our Advocacy section - just click on "Advocacy" at the top right hand side of the page. If you need personal advice contact Jude our Advocacy Manager - her contact details are given there. Jude is a trained professional in these matters and together with her team has been able to help many people with OCD in employment, housing, university and other issues.

    The Advocacy service is a unique service provided by OCD Action.

    Nimrod

    Mon Dec 5 2011 20:13:52 #
  5. Avatar Image


    Unregistered

    Thanks Nimrod,

    I haven't used the Advocacy service yet, but I have printed off and read the information packs from Resources, which are excellent. (Especially the one about "OCD & Work -- Your Rights".) I used this information pack a lot when I was negotiating with my employers for some "reasonable adjustments".

    I listened to Jude talking at the OCD Action conference, and was really impressed by what I heard about the Advocacy service.

    I have attached some links / info below:

    Link for the Advocacy section:

    http://www.ocdaction.org.uk/support-info/getting-support/advocacy/

    Link for the "OCD & Work -- Your Rights" info pack:

    http://www.ocdaction.org.uk/files/2011/01/OCD-and-Work-web-FINAL.pdf

    Contact details for Jude and the Advocacy service:

    If you have an issue that you would like help with then please contact our Advocacy Manager Jude Wynne who can be accessed via our helpline number or via e-mail:
    Tel: 0845 390 6234, Email: jude@ocdaction.org.uk

    Wed Dec 7 2011 16:27:00 #
  6. Hi Londoner... How are you getting on? You help us all on here, but are you okay too? Just wondering...
    wannabe

    Wed Dec 7 2011 20:50:53 #
  7. Avatar Image


    Unregistered

    Hi Wannabe,

    thanks for asking!

    I'm doing great, thanks. I think like a lot of other people on here, I get really excited when anyone has any good bits of news to tell the forum. And it seems like there's a lot of good news at the moment!

    There are at least 3 people who have started CBT this week / last week, which is brilliant.

    It's so great that there are all these people helping each other out on here.

    Every time someone gets pointed towards their GP, or a course of CBT, or even a useful link or website, it feels like it's one in the eye to OCD!

    I just wish I'd discovered the OCD Action website a long time ago! (But I'm very happy to have found it now!)

    Wed Dec 7 2011 21:16:34 #
  8. Avatar Image


    Unregistered

    Also,

    I love it when people are really positive on here. At the OCD Action conference, Rob Willson kept banging on about how important it is not to get bogged down in negative thinking.

    He said that it's really important to have people cheering for you, when you're stuggling with OCD. He said that can actually be one of the most important factors in your recovery; having friends, family, or an OCD support group, cheering you on and telling you how well you're doing. And that's what everyone does on here, which is brilliant.

    OCD is horrible -- but OCD people are good people!!!

    Wed Dec 7 2011 21:22:13 #
  9. Hi londoner good to know you are doing great, that is really good, I agree with everything you say, I too wish I'd found this site a long time ago
    It is truly inspiring the posts on here, it is a group of very caring people who are plagued by a shared interest, the OCD monster, and as you quite rightly say, we are beating it together, and it's brill when it's happening, which it is, all around us now!!
    wannabe

    Wed Dec 7 2011 21:42:47 #

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