Do I have options? Signed off for mental health

ButtonF1Fan

Hello MSErs,

I was signed off work for mental health on the 8th October. I'm due to return on 8th November.
I don't mind working, but not in my current job. Its in a shop, as manager. I have severe depression and social interaction is a big issue. Being with strangers (ie customers) makes me very nervous - think panic attacks and locking myself in stockrooms crying, or feeling physically sick just being in town/shops. Was pretending to cope, then had a breakdown, hence the sign-off.
I don't wish to explain more, but to give you guys an idea.

I have a doctors appointment this week, to talk about medications and situation I'm in. Also due to have an operation in 2 and a half weeks time, which would make me unable to walk for 1 to 2 weeks - (then signed off for that)

If I'm told to go back to work, what are my options?
If I resign would I be allowed something like incapacity benifit?
Like I said, willing to work, if its a team-work based job, non customer facing. I don't even care if less money.

If I am signed-off again, am I morally/legally allowed to be seeking more suitable alternative employment?

I don't want to mess my current employer arround, but fear I'll be sacked or let go somehow if I level with them that I never want to go back, but in honesty it was keeping/making me more ill.

KiKi

ButtonF1Fan wrote: »

If I'm told to go back to work, what are my options?

If you're well, according to your GP, then you will have to reconsider the work that you do. You could ask your company if they have non-customer facing, but they're obviously under no obligation to do that. In which case, if you can't do the job, you will need to look for other work.

If your mental health issues are a disability, and you declared this as a disability to your employer, you could request reasonable adjustments from your employer under the Equality Act, which they have to consider. IF they can meet the reasonable adjustments on a permanent basis (eg, a different role) then they may offer that to you.


Similarly, the fit note may say you 'may be fit for work' - ie, you can do some work but require reasonable adjustments from your employer. Under these circumstances it is up to the employer to decide if they can accommodate these for the period of time that your doctor has suggested (ie, until declared fit for work again).


The fit note may say 'not fit for work' in which case you continue to be off sick.

If I am signed-off again, am I morally/legally allowed to be seeking more suitable alternative employment?

Of course you're allowed. And if you are signed off again when your job is causing so much stress, it may be very sensible to do so.

Your current employer has to consider adjustments under the Equality Act if your MH issues are a disability, but they are not obliged to implement any adjustments if they are not reasonable. So you may have to a make a decision - level with them, and ask for the change in role, or look for another job.

HTH - sorry, I can't answer your question about incapacity benefit.

KiKi

p.s. Hamilton over Button EVERY time!!

ButtonF1Fan

Thanks again KiKi. Does anyone else have any advice please?

OneYorkshireLass

Speak to the Disability Employment Advisor at your local Job Centre. You can do this even if you are currently employed and not looking for work. They will advise you on issues such as staying in your current job, or what you other jobs are out there to suit you in your current situation.

Mistral001

Why is the OP at home worrying about work and going back to it? The whole point of the sickness leave is to get you better and that usually means getting a total rest from even having to think about work.

Has the doctor only given you anti-depressants or have you been advised about other things that will help recover from depression, such as eating regularily and as well as you can, some exercise and trying to keep to regular sleeping hours.

ILW

Mistral001 wrote: »

Why is the OP at home worrying about work and going back to it? The whole point of the sickness leave is to get you better and that usually means getting a rest from work including not having to think about it.

Has the doctor only given you anti-depressants or have you been advised about other things that will help recover from depression, such as eating regularily and as well as you can, some exercise and trying to keep to regular sleeping hours.

Maybe OP has commitments and cannot afford not to work.

Yorkie1

OP, your doctor won't sign you back to work unless they think you are ready to go back. I know everyone is different, but do not be surprised if you do not feel ready to return on 8 Nov. That is OK; don't beat yourself up about it.

If you've been given new medication, that will take a couple of weeks to start to kick in, and I think it also takes time to get your head ready to face work again if that has been the trigger. Also, depending on how bad you felt when you went off sick, you need to be in a right place before being able to benefit from talking therapies (has your doctor referred you?).

What will be, will be. Don't allow yourself to be forced into a position; wait until you're ready before doing anything.

Good luck for this week.

ButtonF1Fan

That's right, can't afford finacially not to work. Can't affford mental health-wise, to go back to that job.

Employer just emailed, "its been 4 weeks since you phoned me, are you ready to return this week?"

Uncertain

ButtonF1Fan wrote: »

Employer just emailed, "its been 4 weeks since you phoned me, are you ready to return this week?"

Send a vague reply promising an update after your next doctor's appointment.

Generally speaking it is best to be gently proactive. Send the employer an occasional email update even if doesn't really say anything e.g. "I saw my doctor today and he has asked to see me again in two weeks"!

KiKi

How long have you worked there, OP?

ButtonF1Fan

Uncertain wrote: »

Send a vague reply promising an update after your next doctor's appointment.

Generally speaking it is best to be gently proactive. Send the employer an occasional email update even if doesn't really say anything e.g. "I saw my doctor today and he has asked to see me again in two weeks"!

Thank uncertain. I did that.

Kiki, 2 & a half years I've worked there.