Do I have options? Signed off for mental health

KiKi

That's good - you have protection against unfair dismissal, at least (so they can't just get rid of you without following due process).

flashnazia

I think, if there is no possibility of you being able to continue in your current role, you should be straight with your employer and ask for an alternative role. If there is no effort made you could then quote The Equality Act and the obligation to make reasonable adjustments i.e. an alternative role (if there is one available).
If there aren't any alternative roles available then you need benefit advice; can't help you on that subject sorry!

ButtonF1Fan

flashnazia wrote: »

I think, if there is no possibility of you being able to continue in your current role, you should be straight with your employer and ask for an alternative role. If there is no effort made you could then quote The Equality Act and the obligation to make reasonable adjustments i.e. an alternative role (if there is one available).
If there aren't any alternative roles available then you need benefit advice; can't help you on that subject sorry!

Ok, sounds like benefits advice it is then, as there is no alternative role unless I relocate to another city/town. But would be the same job, in a different shop so wouldn't help... plus if I relocated that involves selling a negative equity house, so impossible really.

You guys are helping, even if My replies aren't giving much info. x

(I am dreading benefits office as they are pretty mean, i remember last time I was in there 3 years ago just before I got my current job - I was refused help then I cried and said honestly what should i do, 2 kids and zero in the bank and food cupboads empty and they called security on me,,,, which was nice.)

Uncertain

flashnazia wrote: »

If there is no effort made you could then quote The Equality Act and the obligation to make reasonable adjustments i.e. an alternative role (if there is one available).

That relies on the OP's illness being a disability (in the legal sense). Although these type of problems can be under certain circumstances I doubt this is yet.

Sorry.

flashnazia

Uncertain wrote: »

That relies on the OP's illness being a disability (in the legal sense). Although these type of problems can be under certain circumstances I doubt this is yet.

Sorry.

I am leaning towards the opinion that it might be.

Yorkie1

flashnazia wrote: »

I am leaning towards the opinion that it might be.

For the Eq Act to apply, the disability must meet the definition of ‘substantial’ and ‘long-term’ negative effect on a person's ability to do normal daily activities.

For conditions such as mental health, 'long-term' means more than 12 months.

As OP has only been off for a number of weeks, without further information it appears that the Eq Act cannot yet kick in. As Uncertain said, such conditions can in some circumstances be covered - but not yet on the information we have.

https://www.gov.uk/definition-of-disability-under-equality-act-2010

flashnazia

Yorkie1 wrote: »

For the Eq Act to apply, the disability must meet the definition of ‘substantial’ and ‘long-term’ negative effect on a person's ability to do normal daily activities.

For conditions such as mental health, 'long-term' means more than 12 months.

As OP has only been off for a number of weeks, without further information it appears that the Eq Act cannot yet kick in. As Uncertain said, such conditions can in some circumstances be covered - but not yet on the information we have.

https://www.gov.uk/definition-of-disability-under-equality-act-2010

Yes, I am familiar with the legislation thanks

My reasoning was based on the thinking that it could be that the 'severe depression' is 'likely' to be long term and/or something that recurs:

3. Long-term effects

The substantial adverse effect must also be long-term, ie 12 months or for the rest of the worker’s life if less than 12 months. It does not matter if, at the time of the discrimination, 12 months have not yet passed. However, if the tribunal hearing occurs before the year is up, it will be necessary to prove the effect is likely to be at least 12 months in total.

Again, ‘likely’ simply means ‘could well happen’.

The law covers impairments with fluctuating or recurring effects if these are still likely to recur beyond 12 months after the first occurrence. Examples of impairments with recurring effects could be rheumatoid arthritis, epilepsy, or clinical depression. See also “episodic effects” below.

Whether or not the substantial adverse effect is likely to recur must be judged by assessing the evidence available at the time of the discrimination. It is irrelevant to consider what in fact happened subsequently. The tribunal can consider medical evidence obtained after the event as long as it relates to circumstances at the time.

Long-term and recurring effects are dealt with at section C of the Guidance.

http://www.equalityhumanrights.com/uploaded_files/Questionnaire_guides/proving_disability_and_reasonable_adjustments_workers_guide_final.doc

I think this bit in the op is what struck me towards leaning towards it being covered:

I have severe depression and social interaction is a big issue.

Having said that though I do agree with you about the lack of information and it being ifs and buts at this stage.

ButtonF1Fan

Heya,

I wouldn't want to call myself disabled, but yes, it is long term. I've had several times in last decade that I've had depression / MH problems. I would say I have had depression over 15 years and all that changes is the severity of how I feel from slight depression at a good time, my normal is moderate depression, to how I am now and how I was after the birth of my second child = severe depression.

The effects are social isolation, I had a panic attack just waiting in doctors waiting room, I have to take my son to school late to avoid as many parents as possible. I can only leave house alone in certain situations, I have to have a reason like school run, I cant walk there have to use my bicycle so I can move faster, I can't go anywhere without my mobile. If its something like I need bread/milk I have to go straight there and back by shortest route, and could take me hours to get the guts to do it alone, so normally everything is done after school pick up whilst youngest is holding my hand. I can't go outside if I've recently seen a dog (one of my many phobias), I can't go out if its dark, if I've heard neighbours argueing I can't walk near the shouting without being so scared I'll be shaking.

mazza111

First things first. You are seeking treatment, so that's the best thing you can do. MH resources seem to have been cut to the bone everywhere, so may not happen fast enough for you. Has your GP suggested counselling or antidepressant medication?

For SSP I think you're either allowed 26 (or maybe 28 weeks) off sick. Sorry not sure exactly on the times. 26 makes sense to me, but something in my brain is saying 28. You would then make a claim for ESA. This is as an out of work due to ill health benefit. It's becoming increasingly hard to claim for MH problems. As you've been in work for 2.5 years you should qualify for Contributions based (depending on amount of hours worked for your contributions) but it's also dependent on an ATOS work capability assessment at around week 13. It's after the contributions based runs out that a lot of people are now finding it a problem. Especially if they have a partner to support them.

But let's not think about that at the moment.

The best thing you can do right now, is keep in touch with your employer and let them know how things are going. I would advise not to quit your job. Maybe with the right treatment you could get back to it. Or maybe your employer will offer some sort of ill health retirement. A lot of the bigger companies do offer something like this.

I know that's not an option you want to explore at the moment. Take each day as it comes, and hopefully with the right treatment you'll be back in no time.