Can I be fired for being off work with depression/stress?

I've been signed off work for about 6 weeks now, my GP originally diagnosed "anxiety" and depression, which is mainly due to being bullied at work. I've got worse instead of better, the slightest thing can leave me tearful and incapable, I have very little concentration, so don't feel I can go back yet.
Now I am also worrying about keeping my job.
I saw a counsellor, who has encouraged my belief that I am being pushed out of the job, and my employers are trying to get me to attend a meeting which I know I can't cope with.
The last sick note said "Depression" which I am concerned my employers will interpret as "can't be bothered".
They have asked me to go in for a meeting, which I have refused, as Idon't feel I can cope with it at the moment, but they have more or less conned me into going in to see the Occupational Health nurse, so that she can refer me to the company counsellor.
One GP is telling me I should go to the meeting, another is telling me I don't have to do anything I don't feel capable of.
In the past 12 months I have had 5 days off with a virus (self-cert on the advice of my GP) and 2 separate days with migraines, which I don't feel is excessive, but they operate the Bradford Index, so in their terms, it is.
My employer knows about the migraines, which are mainly due to my working conditions, but they have done nothing about the problem.
I've been in the job 5 years, but did have a bad absenteeism record due to the migraines, and also I had a road accident and another accident on holiday which kept me off work for a while.
In the past month, I've had a couple of spates of feeling suicidal, which scared me witless, but don't want my employers to know that.
Where do I go from here?
Can they demand a report from myGP?
Can they just fire me for not being able to do the job?
«13

Comments

  • VfM4meplse
    VfM4meplse Posts: 34,269
    Combo Breaker First Post I've been Money Tipped!
    Forumite
    Sorry to hear about your medical situation.

    Do be aware that your employer is only trying to follow process, and make provision for your recovery etc through counselling, which should be entirely confidential. It does sound from your post that your mental state is unlikely to allow you to work atm, however your employer will need to make plans to cover the role whilst you are away, and an OH assessment will help with this.

    There is no conning involved. By your own admission, your absenteeism has triggered the internal threshold for action and your employer is just taking the prescribed steps within the HR process.
    Value-for-money-for-me-puhleeze!

    "No man is worth, crawling on the earth"- adapted from Bob Crewe and Bob Gaudio

    Hope is not a strategy :D...A child is for life, not just 18 years....Don't get me started on the NHS, because you won't win...I love chaz-ing!
  • Jarndyce
    Jarndyce Posts: 1,281 Forumite
    The answer to your question is 'Yes you can'.

    So if your anxiety etc really is due to being bullied you need to get a complaint together and submit it under your employer's bullying procedure, if they have one, immediately. Otherwise, you are just someone who takes a lot of time off sick. Would you employ someone like that?
  • Anna*_2-2
    Anna*_2-2 Posts: 140
    First Anniversary Combo Breaker
    Forumite
    If you have been away from work for x amount of weeks (most company's have their own internal sickness absence trigger times) you will be contacted by your HR/ER department who should refer you onto occupational health. Occ health will look into your medical history either by writing to your GP or sending you for an independent medical assessment provided you give your consent for this. You also have the right to see any report that is written about you before it is sent to your HR department. If you do not consent to any reports to ascertain whether your condition is covered under the Equality Act 2010 and whether your employer can make any reasonable adjustments for you then they can make a definitive employment decision. Occupational health are there to help and advise you.
  • Jariya
    Jariya Posts: 142 Forumite
    Yes they can I'm afraid.

    I have been bullied at work on two occasions - two different companies and two different bosses.

    The more recent behaved the same way with everyone and pretty much had a breakdown and was signed off for two months - she was eventually told that her job no longer existed as others had covered it.

    Previously I ended up being signed off for two weeks with stress. I went back and was open with HR and the Finance Director and told them what had lead to it.

    About two months later it all kicked off again and I was so fed up I waited until my boss had left and went to see HR and the FD - they literally moved mine and my boss' desks to an area visible to them both for when we got in the next day. I was so relieved and within about two months my boss left of her own accord but has tried several times to contact me since.

    If I hadn't said anything I would have been off sick again - I know that.

    I also understand how you feel as it's a very horrible situation to be in.

    Even if you think you can't do it I think you should make every effort to go to this meeting at work. They are trying to help and are following their protocol for this.
    I broke down to crying like a baby when I stayed late that night - did I care? Nope. They understood and had spotted things themselves about her behaviour towards me.

    Give it a shot..take some tissues. Take all the help you can get. The first step is the hardest bit. ((hugs))
  • fiendishly
    fiendishly Posts: 266 Forumite
    I'm under the impression that migraines can come under the DDA - disability discrimination act; as people who suffer from them (me too) are much more likely to be off sick than those who don't (odd days though, as you said). I used to work for tesco who have a notoriously strict sickness policy and they disregarded my migraines under the DDA. Do look it up though.
    :beer:
  • C_Mababejive
    C_Mababejive Posts: 11,645
    Name Dropper First Anniversary First Post Combo Breaker
    Forumite
    Yes you can be fired because quite simply, you are not doing the work they pay you to do. They are making steps to assist/interact and facilitate you and yet you are unresponsive. Have you talked to your doc about a course of SSRI's to help you through this difficult patch and get you back on track?
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • Suzykd
    Suzykd Posts: 15 Forumite
    Thank you all for your replies.
    You are right, I do need to do this meeting, and I think I am more likely to lose my job if I keep putting it off.
    My other half is going to come with me, so fingers crossed
  • Yes they can sadly, I don't agree with it as that is how I lost my job.. I worked for the hospital, and needed a operation, had the operation, and was then off for a long while as I wouldn't heal, then i had to see the occupational nurse/doctor and she said that i could go to work, but to go back gradual, 2 days a week, 3 days a week and then 4 and 5. I was in sheer agony, and saw the consultant, to find out i needed another operation, that went ahead and again i wasn't healing good, and had yet another infection, the bosses decided to call a meeting and i had to go, by this time i had a nervous breakdown and deep depression, I went to meeting where they told me as you have been unfit to do your job we are letting you go. so not only did the hospital screw up with my body, but also kicked me out of my job. then 12 months later I had another op and at present I wait still to heal and to be fit enough to have another operation, for the incisional hernia they caused on the second op... all of this was 3 years ago.... and i still have nurses every other day to dress the wounds. ... Sorry got carried away there, don't want to sound so negative for you, but i am so bitter, and depressed and fed up with waiting ... lol. I hope everything goes well for you. Big Hugs.
  • McKneff
    McKneff Posts: 38,816
    Name Dropper First Anniversary First Post
    Forumite
    Suzykd wrote: »
    Thank you all for your replies.
    You are right, I do need to do this meeting, and I think I am more likely to lose my job if I keep putting it off.
    My other half is going to come with me, so fingers crossed

    This is a more positive post, it really shows that you are willing to help yourself. Your earlier post were really negative, good luck,
    i hope things go well for you.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • elsien
    elsien Posts: 32,424
    Name Dropper Photogenic First Anniversary First Post
    Forumite
    IN our company (which is a good one to work for, and I understand that not all are the same), dismissal due to incapacity to do the role is as a last resort at the end of a long process of trying to make adjustments and doing the best to get people back to work.
    There are various options which can be considered including a phased return to work when you are feeling well enough, and which is where occupational health come in so they can advise on procedures, and set up monitoring to check that all is going as planned.
    Are you a member of a union? They will have come across these situations before and will be able to advise so you don't feel steamrollered into things. Plus advise on how to get help with the bullying issue.
    If you try to avoid things, you are likely to build them up in your head as worse than they are - I've been off work myself in the past with stress related depression, so I do know at least a little how you feel. However unless or until the bullying is sorted you are likely to encounter the same difficulties when you do return, so you do need to give some thought as to how to resolve this with your employer.

    Just another thought, if you're not sure about seeing the company counsellor, you could also ask your GP to refer you for counselling if you think it would help. Good luck.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.2K Banking & Borrowing
  • 249.8K Reduce Debt & Boost Income
  • 449.3K Spending & Discounts
  • 234.4K Work, Benefits & Business
  • 606.7K Mortgages, Homes & Bills
  • 172.7K Life & Family
  • 247.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards