Need advice been off work ill long term health condition - now might not have a job ?

Unkwown79

hi

ive been off for 7 mths with long term mental health problem
i wanted to go back - but now being told im might not have a job to go back to in same dept - if thats the case - myself and HR will have 2 mths to search for another job for myself within company - if i dont find one my contract will be terminated as the reason other - does anyone know if i would have to be paid off - or just lose my job with no payment at all - i was a top performer within the dept - so cant be laid off for performance reasons - there is a rumour that redudancies will take place with main criteria as poor performance next mth

any input on this would be appreciated

SarEl

In the final analysis, if there is no job for you then this may be a dimissal on the grounds of capability rather than redundancy, and that appears to be the route the employer is considering. Why are they saying that you have no job to go back to - what has happened to your job?

Unkwown79

The department work load has gone down so i have been removed off the head count - can i be dismissed for my mental health - even if my performance is fine and im not on any warnings for absense - would i not be covered by the dda act etc? would it not create a case for unfair dismissmal ?

Unkwown79

i forgot to add on my last review - i had the top scoring and was ranked number 1 out of over 300 employees - will this not get taken into account?

I had also had a beverment of a very close relative in this time which didnt help my health> Ive worked very hard to get my health back on track putting a lot of hard work in.

SarEl

Yes you probably do have a disability under the Equality Act - the legislation has changed - but the protections are not as clear cut as you might think. I am afraid we need much more detail - how was it decided to take you off this job, what is your job and do your terms and conditions permit you to be shifted to other work. The more detail you can give the better the advice we can give.

dmliverpool

We need more on your conditions. I would say that mental health problems that have medically diagnosed to likely to last a extended period them you have a disability and your employer should make reasonable adjustments for the new you. I would get another job for your health that won't stress you out and will give you a fresh start. This is from someone who just thinks moving on is better.

Uncertain

Statistically, the chance of making a successful return to your job after seven months are not high I'm afraid. I suspect that most of those that do manage it have suffered from a serious physical illness or injury rather than a mental problem.

As SarEl says, you may well have a disability (in the legal / employment sense) and that does give you some protection. However this only requires your employer to make reasonable adjustments to help you. What is reasonable depends on so many things including the size of the company. A large organisation (which yours would seem to be) will be expected to do more than a small company in this area.

Are you still receiving company sick pay? Have the company asked for a report from your doctor or from an occupational health specialist? In case you are not aware, you do continue to accrue paid holiday (at least at the statutory rate of 28 days per year) for the whole time you are off sick. Also you cannot lose this entitlement if it happens to cross the end of the firm's holiday year and you are unable to take the leave due to sickness.

Given more information, we can help further.