After too many years of depressive illness, I had formed a strategy to return to working life which included using any of my skills on an, initially, part time basis.
I applied for work to a supply teaching agency, and to the National Probation Service both as a community service supervisor for one day per week and also as a handyman for three hours.
I started teaching and was interviewed for the other two positions. I was transparently candid about my mental health history and both posts were offered subject to Occupational Health assessment. OH advised and the offer of the community service post was withdrawn. I retained the handyman job and it was suggested that I re-apply for the other after three months after seeing how I got on. These were two posts which could not have been further removed from each other in terms of qualification.
It became clear that the decision had been made on the basis of medical information which was not up to date and I protested that my psychiatrist fully supported me in taking the post. Neither OH nor the NPS would listen and I was shunted between the two. My persistence was to no avail. I was incensed and the last thing I needed was a put-down when I was treading the slippery path back to a fruitful life. The experience very nearly put me right back to square one.
Another, very important part of my strategy was a resolve to never accept injustice, no matter how great or small and I decided to fight back.
I spoke to a couple of employment specialists but found the cost prohibitive. There was only one thing to do; I had to take it on myself. I made an application to the Employment Tribunal under the Disability Discrimination Act.
After many months of preparation of documentation with help from my girlfriend and initial guidance from the Mind Legal Dept. and of having to deal with the other side's solicitor who had the advantage of me, I represented myself at Tribunal. I had a great time; firing on six cylinders. I had my day. Nothing fazed me and I held my own. The judgement was reserved and much later I was informed that I had failed. In essence, the Tribunal deemed that it was reasonable for further health information to have been rejected. Amid my devastation, I decided to appeal but discovered that I could only do so on points of law. I sought the help of the Disability Rights Commission. They decided that my case was worth their support and represented me at appeal. We won and made an important precedent which has been disseminated widely by the DRC to those who should know. If this or similar scenario should befall anyone else, there will be available this piece of case law to refer to.
During the whole process I was offered gradually increasing inducements to drop the action but what was not realised was that for me, it was all about principle. How dare they have treated me so shoddily.
A confidential settlement was negotiated which I, in part, distributed to a number of charitable organisations as, without them all, I may not have come so far.
There were some lighter moments throughout and one which I particularly recall was thinking that the opposition must have been convinced that I was really out of my mind with mental illness when I turned down an attractive offer just before Appeal.
There were also extra points for getting important words and names associated with the whole affair when playing Tribunal, Probation or Occupational Health Scrabble. Such humour helped to maintain perspective.
Much later I approached another employment agency which was advertising for supply teachers. It was on a day when my verbal and facial tics were much in evidence. I was asked to return with required information for a formal interview. This was cancelled and over a period of time I was given a number of successive reasons why I could not be employed. I gave the company every chance to reconsider but they refused.
On this occasion, a confidential settlement was reached just before Tribunal. It was significant compared to the opening offer. I decided the level of compensation which I wanted, stuck to my guns and got it. This is now financing my girlfriend's OU studies in Law.
Mental Health Discrimination has a particularly nasty edge to it in that the very thing which attracts discrimination is itself damaged and it is the only thing available with which to fight back - the spirit.
My message is clear. Fight back. Injustice can be dealt with and there is plenty of guidance available if you have to counter it yourself. I would say also that the very act of standing up to be counted is very good for the soul and helps the healing process. Channelling the negative and traumatic into positive outcomes for self and others is quite a unique and fulfilling experience. There is a way back.
I have also taken on other Government agencies and individuals through the Courts for a variety of injustices and prevailed. The last has just been settled.
As a crowning to this story, I will be marrying my girlfriend in July and before that I will be sworn in as a Justice of the Peace in June. Both of these are powerful validations for me.
I must say that I feel so very strong now after ten year's journey back to health but the secret of that strength is that I am now fully aware of my weaknesses and can protect myself.
Be gentle with and love yourselves and don't take anything lying down.
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