Company offered to pay me off after illness

kathjune

Today my boss has offered to pay me off from my job. I was pretty shocked and could do with some advice.

I have had depression that has rumbled on for months and that is classed as a disability - I've had two weeks off but other than that have been into work and done my job. I've not had any negative feedback during this time and have met all my targets.

The depression is on the work record as a disability. Despite this, no adjustments have been made for me.

My boss said that I could go for voluntary redundancy as she thinks I'm 'not happy' in my job. This was such a shock - depression is nothing to do with being unhappy.

I would have thought that if I'm not deemed able to do my job because of illness (i.e. depression) there should be a capability process started, and if they want to make me redundant then they should do that. Is it legal to offer someone voluntary redundancy for being depressed? To my mind this borders on discrimination, and my partner agrees.

PS I do know that they are trying to get rid of me - I'm not that naive!

Any thoughts?

marybelle01

They made you an offer. Where is the discrimination? If you don't want to take it, you say no.

ohreally

kathjune wrote: »

I have had depression that has rumbled on for months and that is classed as a disability

Who has decided this? Ultimately an employment trib makes the determination.

What adjustments have you requested?

CIS

This was such a shock - depression is nothing to do with being unhappy.

It can be in some people.

kathjune

The occ. health doc. has stated that it's a disability on record three times. The doc has also stated that the depression is directly related to stress in the job. I have requested to work from home, which was denied. No other kinds of adjustments have been offered.

marybelle01

They don't have to make adjustments that you want. They only have to make reasonable adjustments, and that is a very different thing. But it is still the case that your manager only said that you seem unhappy and you could ask for voluntary redundancy. That is hardly discrimination.

ohreally

kathjune wrote: »

The occ. health doc. has stated that it's a disability on record three times. The doc has also stated that the depression is directly related to stress in the job. I have requested to work from home, which was denied. No other kinds of adjustments have been offered.

Most likely what has happened is the oh doc has submitted a report to management setting out that its his opinion your depression may be covered by the equalities act 2010. This is advice and opinion only and the employer has decided to ignore the report.

In terms of home working, is it reasonable to accommodate this and what reason did the employer provide for refusing?

What do you want to happen to resolve the situation? (as this may dictate your next step).

Terrylw1

marybelle01 wrote: »

They don't have to make adjustments that you want. They only have to make reasonable adjustments, and that is a very different thing. But it is still the case that your manager only said that you seem unhappy and you could ask for voluntary redundancy. That is hardly discrimination.

It may be inexperience or someone wishing to defuse the situation by "losing" a member of staff thus saving that manager all the work to come.

corbyboy

You seem to be very preoccupied with things being "recorded" and "registered" as a disability.

But what do you actually want? You don't want to be paid off, but you don't mind them sacking you under the capability process?

Are you wanting to work full time from home or just when you feel you can't come into work? What is your job?

Googlewhacker

I feel you are reading far to much into the offer from the manager...

kathjune

I wanted them to help me with my job, not pay me off. I was really surprised that the next step from the discussion about adjustments - which they wouldn't make - was the suggestion of being paid off. It seemed pretty extreme.

The job is just an office job - nothing special. But it's been very stressful due to having to cover bit of other jobs as well as my own.

I'm seriously considering taking the cash. Just wanted to know if what was going on was normal and legal as it's a major decision.