Dismissal imminent...desperate...

Bendigo

Hi all,
Just a quick query as to if I can be dismissed when I am suffering from depression and it’s affecting my work?
Basically, at Christmas of 2009 I made an error at work and my boss made a massive deal of it and downgraded my end of year Performance rating. He left 3 months later but I was never given a fresh start by his replacement. Around this time my confidence went and I became more insular and down.
2010 was awful at work and I regularly asked to go back to my old role, from which I was promoted. But I was constantly told there were no roles around.
I stumbled along doing my job, to the best of my ability, scared witless of making errors…when I dropped a clanger at over Christmas.
I returned to work in January and was moved from a stage 1 to 2 in the performance programme. I was ‘seconded’ back to the old role (funny that, they found a place for me) and ended up being off sick with stress related illness. My body just seemed to give up. I was then diagnosed with depression; I’d actually had it for ages but, being a big daft bloke, didn’t go Drs. Now I’m on 40mg Citalapram and go to counselling.

The thing is, my secondment is for just 3 months and my new boss is unhappy with my work. I feel so low, due to depression, and the conditions I’m working under are awful. I am trying my best to turn it around but am struggling. I’m making progress but not at the rate they want.

As it stands I’m going to get dismissed 21st April. I have a mortgage, married and 2 small kids. God knows what I’ll do if I get sacked. Can’t face anymore of this crap.

I’ve applied for loads of jobs and waiting to hear if I’ve been successful in one tomorrow. Wish me luck.

But can they sack me if my depression is linked to work? Where do I stand?

I’m scared.

ChefBungle

Hey,

Didn't want to read and run, your situation seems quite similar to mine about 6 months ago.

Firstly, good luck on the job interviews - like you I struggled on in my job thinking it must be me, but changing jobs was the best thing I ever done. Yes I had to take a salary drop, but it's been worth it to get my mental health and self-confidence back. I was systematically bullied by my boss over the course of 4 years - she was a horrible person and I detest her for what she did to me.

Not sure how big a company you work for, but do they have an HR dept? If so, I would go and see them and ask to be sent for an Occupational Health referral citing the recent diagnosis of your doctor. This would be good for you (they can make various recommendations back to your employer) and it would be good for the company (being able to demonstrate they have acted with care and consideration in the event of a possible tribunal).

It is possible to be dismissed on medical grounds, but there is usually a set process a company has to go through in order to achieve this and an occupational health assessment is part of this process 99% of the time.

If you are dismissed based on capability grounds (ie unable to perform your job duties) and it was clear there was a medical condition that had arisen as a result of the job and was subsequently impacting on your ability to carry it out, then the employer would be on very shaky ground if they proceeded with the dismissal without following due process as mentioned above.

The key thing is being able to demonstrate that you have brought this issue to their attention and have asked for help - that way they cannot turn round later on and say they knew nothing about it.

Employment tribunals very much rely on factually-based evidence, so I would put your concerns in writing either directly to your line manager or the HR dept if you have one and ask for written confirmation that your letter has been received. I'm not saying your case will end up in a tribunal, but if they see you're not going to be fobbed off then it will hopefully encourage them to be a bit more understanding.

But ultimately, it sounds like you're trying to fit a square peg into a round hole - I would suggest a change of company/career would do you the world of good.

I wish you well.

Bungle.

welshmoneylover

Bendigo wrote: »

Hi all,
Just a quick query as to if I can be dismissed when I am suffering from depression and it’s affecting my work?
Basically, at Christmas of 2009 I made an error at work and my boss made a massive deal of it and downgraded my end of year Performance rating. He left 3 months later but I was never given a fresh start by his replacement. Around this time my confidence went and I became more insular and down.
2010 was awful at work and I regularly asked to go back to my old role, from which I was promoted. But I was constantly told there were no roles around.
I stumbled along doing my job, to the best of my ability, scared witless of making errors…when I dropped a clanger at over Christmas.
I returned to work in January and was moved from a stage 1 to 2 in the performance programme. I was ‘seconded’ back to the old role (funny that, they found a place for me) and ended up being off sick with stress related illness. My body just seemed to give up. I was then diagnosed with depression; I’d actually had it for ages but, being a big daft bloke, didn’t go Drs. Now I’m on 40mg Citalapram and go to counselling.

The thing is, my secondment is for just 3 months and my new boss is unhappy with my work. I feel so low, due to depression, and the conditions I’m working under are awful. I am trying my best to turn it around but am struggling. I’m making progress but not at the rate they want.

As it stands I’m going to get dismissed 21st April. I have a mortgage, married and 2 small kids. God knows what I’ll do if I get sacked. Can’t face anymore of this crap.

I’ve applied for loads of jobs and waiting to hear if I’ve been successful in one tomorrow. Wish me luck.

But can they sack me if my depression is linked to work? Where do I stand?

I’m scared.

Sounds to me as if you're suffering work related stress, its a killer. Best thing for you healthwise to do is to channel your energies in finding another job.

Good luck,

skintbint_2

get some advice from the C.A.B or are you a member of a union?

crazygal27

Depression can be covered under the Disability Discrimination Act. Firstly, are your employers aware of your illness? You were signed off with stress so did you submit "fit for work" notes and did these state stress / depression and more specifically stress related to work?

Has your company referred you to occupational health or got any sort of medical advice at all? You would likely have had to sign a medical consent form so should be aware if they have done this.

Have they suggested any suitable adjustments which could be made to support and accommodate you? You mentioned you are on a performance programme - as part of this have they discussed your illness or have they just focused on your errors, rather than the possible causes of the errors?

Do you know what improvements in your performance they want to see before 21st April for them not to dismiss you?

In short, depending on the severity of your depression you can be dismissed when suffering from depression but it is very, very risky for the company and unless they have done any of the above they are on very dodgy ground.

ohreally

crazygal27 wrote: »

Depression can be covered under the Disability Discrimination Act

The disability discrimination act(s) have been repealed.


OP have a read through http://www.equalities.gov.uk/pdf/401727_GEO_EqualityLaw_Rights_acc.pdf P3, join a trade union as you're going to need help to deal with this.

http://odi.dwp.gov.uk/docs/wor/new/ea-guide.pdf

Good luck.

ovoreo

If your now stage 2, I assume at stage 1 they gave you objectives? Have you met those? Don't worry about anything else, just those objectives. Hopefully they would have related to specific tasks, rather than big vague ones like 'improve productivity' etc. If you can show you've met those objectives you have a fighting chance. Make sure they understand your background. Are there any managers left who remember you pre-these issues? They may be able to vouch for you and explain this is out of character of you. I also think it is very disappointing that a company promote you then don't support you. Actually I think it's awful and maybe a point you try and help them arrive at (on their own). Good luck.

wuzzypoo

Hi,

It sounds like an awful thing to be going through, but if you do have an occupational health department/person in your company you do not need to wait for personnel/HR to refer you, you can book yourself an appointment. As folk have mentioned above, you may be able to come under the DDa and then your company have to make arranegements for you, this includes accepting that you may have to have more sick days off and may make allowances in your work. You need to do this as soon as you can. Occ Health will tell personnel (not all of the details you talk about, you will have to agree with the practitioner what will be told and what won't), then your manager will be made aware by personnel. If you join a union now they won't help you as you do need to have been a member before the problem you are being dismissed for started, also, most of the you have to be a member for 13 weeks before they will represent you as well, sorry if this isn't helpful, but it's true. the Direct Gov website has some good information and places to try to get advice. also, try ACAS, they may be able to help you.

i do hope you get this sorted.

Best wishes
Wuzz