Apologies for the slight delay, I experienced some temporary connection issues earlier. I can understand the difficult times you have been going through and it is certainly not a good situation to have been through. So it is best if I explain your legal position.

The first issue is to consider if you can be classified as being disabled for legal purposes. Disability can have a broad meaning and there is no single list of conditions that amount to a disability under law. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the definition of ‘disability’ as laid down in law.

Disability is one of the protected characteristics under the Equality Act 2010 (“EA”) and is defined as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break down this definition so that you get a better idea of the requirements necessary for a condition to amount to a disability:
• Physical or mental impairment – this can include nearly any medical condition. It includes progressive conditions, can include mental conditions such as depression and dyslexia and certain conditions (e.g. cancer, HIV and multiple sclerosis) are automatically protected from the point of diagnosis;
• Substantial effect – the effect must be more than minor or trivial;
• Long-term - the effect of the impairment must have lasted or is likely to last for at least 12 months;
• Normal day-to-day activities – these are not defined but would include anything considered ‘normal’ in one’s normal daily routine (e.g. eating, washing, driving, walking, going shopping, etc.)

If a person meets the above criteria, they would be classified as being disabled in law and would have automatic protection against discrimination. In particular, that means that they must not be treated less favourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if the employee is likely to be placed at a substantial disadvantage when compared to non-disabled employees.

So consider - is any of this linked to your condition? I presume it is unlikely so the next issue is - has this inadvertently affected your condition? I suspect the answer would be a yes. That could amount to indirect disability discrimination although it would be a matter of fact and legal interpretation.

Finally as to breach of care - this is a negligence claim and these are not that easy to prove. There are a lot of elements that you must satisfy to succeed and I do not see all of them being present here. At this stage an internal grievance, potentially leading to a discrimination claim could be your best bets.

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