employment lawyer help/HR- fatigue and mental health illnesses covered by equality act and other questions...

[Coppergold]

Is stress or post viral fatigue covered by the equality act? Where can one find detailed guidance with what is covered?

Everywhere I have searched only mentions ME and depression? There is a vague bit that says if someone has a mental illness for 12 months plus. What does that mean? Is the start of 12 months the day it was declared to employer rather then the day when it actually occured. Hope this makes sense!

Also, how about redundancy, what is the employees rights during redundancy with those conditions? If they do have rights does it have to be declared to employer via fit note or what if someone does not reveal it on a fit note but discusses it confidentially to workplace occupational health?

[flowery]

Is this your own condition?

Assuming it is, the following might be useful:

detailed guidance about deciding whether something is a disability

definition of disability

here about what an employer must do in the event of a redundancy situation to avoid discriminating against disabled staff.

The 12 month thing is in the detailed guidance. Basically to be a disability a medically recognised condition must be having a substantial long term adverse effect on day to day activities, and long term is defined as having lasted for 12 months or expected to last for 12 months.

I think it would be unusual for stress to be considered disabling. Don't know about post-viral fatigue but Chronic Fatigue Syndrome usually would be.

But if you think your condition is a disability after reading the guidance I've linked to you should flag it up with your employer as such.