Dr Saal Seneviratne Expert Witness in Psychiatry

Employment Law Matters

Private & LAA accepted

Psychiatric Assessments

Online or in person, often same day appointments. The main rate limiting step is getting access to the GP records. In many of these cases, third party information, from Occupational Health is valuable, as is a family member.

Most of these cases, arise out of poor communication between OH, HR, Line Managers, and the GP. 

In some cases, the GPs have not adequately treated a depression.

The solutions are, in many cases, straightforward, and outcomes are good for the employee – especially in terms of getting the correct treatment in a timely fashion.

Instructions

Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex, Sexual orientation are factors that may need to be explored. Discrimination – micro-aggressions or overt discrimination leads to mental health problems.

People with mental health challenges also face discrimination. 

ADHD, commonly undiagnosed in Adults, is a cause of poor performance.

Equality Act 2010

Instructions commonly ask me to explore whether there is a disability as defined in the Equality Act 2010, which prohibits discrimination on the basis of certain characteristics.

There is protection against discrimination against protected characteristics, some of which realte to Psychiatry:

Direct discrimination: treating someone less favourably due to e.g., mental illness.

Indirect discrimination: having a rule, policy or practice that applies to everyone but disadvantages people who are neurodivergent.

Harassment: unwanted behaviour related to e.g., a learning disability, or dyslexia/dyspraxia.

Victimisation: treating someone unfairly because they have made a complaint e.g., vulnerable person with mental health challenges.