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    • SUPERWOLFPAWS
    • By SUPERWOLFPAWS 28th Sep 17, 7:20 PM
    • 13Posts
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    SUPERWOLFPAWS
    Job want me to resign because of Mental health
    • #1
    • 28th Sep 17, 7:20 PM
    Job want me to resign because of Mental health 28th Sep 17 at 7:20 PM
    I have been going through a bad patch with depression,nervousness, and weight loss. I have seen a psychiatrist who recommended i take a further month off work (i have already been off 3 weeks). I showed the letter from the doctor to HR, and they were not happy about it at all and said they think i'm not well enough to do the job ever .
    They want me to reply back saying i will resign. but i realy liked this job and feel when i m better i can do it at reduced hours.

    I 'm worried if i argue with them, they might just sack me instead so i won't get notice pay or a reference etc, i have nearly been there 2 years just a few weeks off. I feel like they are putting pressure on me because they want me out before i am there for 2 years.

    I also feel pretty low about everything like no one else will give me a job if they find out i suffer MH problems.

    is my best bet now just to resign?
Page 1
    • JReacher1
    • By JReacher1 28th Sep 17, 7:34 PM
    • 2,633 Posts
    • 3,647 Thanks
    JReacher1
    • #2
    • 28th Sep 17, 7:34 PM
    • #2
    • 28th Sep 17, 7:34 PM
    They can't force you to resign so don't let them make you.

    They may try and dismiss you but that will take months and it's dodgy ground if you've got a signed off sick note.

    One thing I would say is they don't have to give you reduced hours so I wouldn't rely on that.

    Try and put them off until you've got to the two years point. Tell them you want to think about it
    • fryedslyce
    • By fryedslyce 28th Sep 17, 7:41 PM
    • 34 Posts
    • 72 Thanks
    fryedslyce
    • #3
    • 28th Sep 17, 7:41 PM
    • #3
    • 28th Sep 17, 7:41 PM
    Do not resign, ask to be referred to occupational health.

    If your mental health problems have been ongoing or are likely to last 12 months or more then they can be classed as a disability.

    Asking for reduced hours would be considered a reasonable adjustment, to quote from the Government website,

    "Reasonable adjustments include:
    allowing employees who become disabled to make a phased return to work, including flexible hours or part-time working"
    • SUPERWOLFPAWS
    • By SUPERWOLFPAWS 28th Sep 17, 8:17 PM
    • 13 Posts
    • 0 Thanks
    SUPERWOLFPAWS
    • #4
    • 28th Sep 17, 8:17 PM
    • #4
    • 28th Sep 17, 8:17 PM
    They can't force you to resign so don't let them make you.

    They may try and dismiss you but that will take months and it's dodgy ground if you've got a signed off sick note.

    One thing I would say is they don't have to give you reduced hours so I wouldn't rely on that.

    Try and put them off until you've got to the two years point. Tell them you want to think about it
    Originally posted by JReacher1
    thankyou for your reply.

    they also didnt like the letter from the doctor, they think that is was not a proper piece of evidence that i'm ill. I'm going to the GP to get a note.

    I thought they can just sack me without giving a reason? because i have not been there 2 years yet, it would not be unfair dismissal?.
    • Diamandis
    • By Diamandis 28th Sep 17, 8:35 PM
    • 56 Posts
    • 101 Thanks
    Diamandis
    • #5
    • 28th Sep 17, 8:35 PM
    • #5
    • 28th Sep 17, 8:35 PM
    thankyou for your reply.

    they also didnt like the letter from the doctor, they think that is was not a proper piece of evidence that i'm ill. I'm going to the GP to get a note.

    I thought they can just sack me without giving a reason? because i have not been there 2 years yet, it would not be unfair dismissal?.
    Originally posted by SUPERWOLFPAWS
    You should provide fit notes rather than letters.

    Most companies have disciplinary policies they would go through before letting someone go. I'd just say that you plan to return once the fit note runs out so don't want to resign from the position. If you plan to work part time when you go back though, you should really discuss that soon. They may refuse if they want you to resign anyway though.
    • Comms69
    • By Comms69 29th Sep 17, 10:07 AM
    • 1,292 Posts
    • 1,048 Thanks
    Comms69
    • #6
    • 29th Sep 17, 10:07 AM
    • #6
    • 29th Sep 17, 10:07 AM
    How far off of 2 years employment? It's quite important at this stage


    If it's more than 3 weeks I think you maybe in trouble
    • SUPERWOLFPAWS
    • By SUPERWOLFPAWS 29th Sep 17, 7:47 PM
    • 13 Posts
    • 0 Thanks
    SUPERWOLFPAWS
    • #7
    • 29th Sep 17, 7:47 PM
    • #7
    • 29th Sep 17, 7:47 PM
    How far off of 2 years employment? It's quite important at this stage


    If it's more than 3 weeks I think you maybe in trouble
    Originally posted by Comms69

    thankyou
    I think i am about 14 days until i have been there 2 years.
    I have given a back dated sick note by email, i will send a letter just in case there is a problem.

    they think my contact with them has not been so good as it was done by email .

    I suspect they may try saying i am in breech of contract because of lack of contact by phone.

    I suppose it is possible they can get me sacked or try to get me to resign again.
    • iammumtoone
    • By iammumtoone 29th Sep 17, 7:57 PM
    • 5,355 Posts
    • 11,019 Thanks
    iammumtoone
    • #8
    • 29th Sep 17, 7:57 PM
    • #8
    • 29th Sep 17, 7:57 PM
    I suspect they may try saying i am in breech of contract because of lack of contact by phone.
    Originally posted by SUPERWOLFPAWS
    Check what your contract states.

    Mine says I have to ring a dedicated sick line and leave a message before a certain time of the day of sickness. Unless I have prior approval from HR then I have to ring the line every day I am off sick.

    If you haven't followed the procedure for sickness that is in your contract then they may get you on a 'technicality'.
    Sealed pot challenge ~ 11 #017 - Open 1st Nov


    • SUPERWOLFPAWS
    • By SUPERWOLFPAWS 29th Sep 17, 8:04 PM
    • 13 Posts
    • 0 Thanks
    SUPERWOLFPAWS
    • #9
    • 29th Sep 17, 8:04 PM
    • #9
    • 29th Sep 17, 8:04 PM
    Check what your contract states.

    Mine says I have to ring a dedicated sick line and leave a message before a certain time of the day of sickness. Unless I have prior approval from HR then I have to ring the line every day I am off sick.

    If you haven't followed the procedure for sickness that is in your contract then they may get you on a 'technicality'.
    Originally posted by iammumtoone
    yes , i think that is what they will probably do. lol good thing i m drugged up to my eye balls.

    Do you think they are able to give me a bad reference if they did find a way to sack me? like would they say, 'employee breach contract due to illness' . or something..? thanks
    • lincroft1710
    • By lincroft1710 30th Sep 17, 4:00 PM
    • 10,040 Posts
    • 8,101 Thanks
    lincroft1710
    Do you think they are able to give me a bad reference if they did find a way to sack me? like would they say, 'employee breach contract due to illness' . or something..? thanks
    Originally posted by SUPERWOLFPAWS
    Providing it is truthful, an employer could give an uncomplimentary reference. However many will only just state the dates a person was employed with them
    • Masomnia
    • By Masomnia 30th Sep 17, 5:36 PM
    • 17,118 Posts
    • 37,750 Thanks
    Masomnia
    When you say 'they want me to resign' have they said that to you directly? Or been daft enough to put that in writing to you? Or is it the impression you have?

    If you didn't call in then yes it is a disciplinary matter and they'd be within their rights to take action on it, unless you're sectioned or something like that then really you should be calling in.

    In your situation I think I would make it clear that you do want to return to work and you feel that you will be fit to return following the note (which will hopefully take you over two years).

    Do you have any indication as to whether or not you are covered under the equality act?
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • TBagpuss
    • By TBagpuss 1st Oct 17, 7:35 PM
    • 6,084 Posts
    • 7,832 Thanks
    TBagpuss
    thankyou for your reply.

    they also didnt like the letter from the doctor, they think that is was not a proper piece of evidence that i'm ill. I'm going to the GP to get a note.

    I thought they can just sack me without giving a reason? because i have not been there 2 years yet, it would not be unfair dismissal?.
    Originally posted by SUPERWOLFPAWS
    in the first two years they can dismiss you without having to give a reason, as long as the dismissal is not for a discriminatory reason, so dismissing you because you are ill would be risky for them, if your illness is classed as a disability.

    It would make their life easier if you resigned, but from your point of view, it would be a mistake - it could make it more difficult for you to claim benefits.

    If your illness does qualify as a disability then it would be reasonable for your employers to consider whether there are reasonable accommodations they could make to enable you to return work (and f there are accommodations they could make, you can request these)

    Good luck.
    • t0rt0ise
    • By t0rt0ise 2nd Oct 17, 3:43 PM
    • 2,934 Posts
    • 1,800 Thanks
    t0rt0ise
    Asking for reduced hours would be considered a reasonable adjustment, to quote from the Government website,

    "Reasonable adjustments include:
    allowing employees who become disabled to make a phased return to work, including flexible hours or part-time working"
    Originally posted by fryedslyce
    The adjustment is altered hours for a phased return only. So at some time you would have to go back to doing your original hours.
    • Fireflyaway
    • By Fireflyaway 3rd Oct 17, 10:37 PM
    • 1,355 Posts
    • 1,374 Thanks
    Fireflyaway
    Don't resign. You won't be eligible for job seekers for months and there is no guarantee you will find another job quick enough. I know many people mention the magic 2 years but even after that they can get rid of you. They could simply claim your role is no longer needed and then you would have to prove they have in fact lied and actually discriminated against you.
    Can you explain to them what steps you are taking to manage your MH? No business wants an employee who is off sick a lot regardless of reason. Suggest what they can do to support you. Longer breaks, later start times, sit somewhere else, alter your duties a bit etc? Try to come to a compromise and reassure them that its worth kelping you on.
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