Depressed, had enough of work. What is the best way to deal with this?

decoo

I have been working at a big household company for nearly 21 months now and I am sick off the place and I want to leave.

I have been off with depression since febuary and I have been sending in sick notes in that time. I am still not well to get back into work and my manager keeps on pushing me to get back into work. I have been off sick due to losing a friend and bulling from a member of staff, which was only dealt with a talking to. I had phone the company's confidential line.to complain about the member of staff who was bullying me.

I want to file a grevience with them and potential discrimination filed due to their lack of understanding, however, I have only worked for them for 21 months, should I wait until I have been employed for 2 years?

I am due in work tommorrow and I can't stand going in, I am not well yet I will get there but I am not 100% there. I have 7 weeks holiday untaken yet what ever happens, I am dismissed, I leave, will I get my 7 week unbooked holiday?

thanks

bluenoseam

21 months I'm surprised they haven't started proceedings to have you terminated due to ill health! If you leave you'll be paid for holiday accrued although 7 weeks does sound like an awful lot! But here's a word of warning, you've been there 21 months, you can be sacked for no reason whatsoever - so be warned, they may decide to do that.

purpleshoes_2

You can raise a grievance at any time. Its a tribunal claim you cant lodge (for certain issues, some you dont need to be employed for 2 years) in most cases until youve been there two years.

KiKi

decoo wrote: »

I want to file a grevience with them and potential discrimination filed due to their lack of understanding, however, I have only worked for them for 21 months, should I wait until I have been employed for 2 years?

You can be dismissed for any reason up to 2 years employment (with a few exceptions relating to protected characteristics). If you think they are likely to dismiss you if you put in a grievance, then it would be sensible to wait, yes. But given your health and absence, I'm surprised they haven't already started reviewing your employment with them - and they can still do that after 2 years, they just have to be more careful following due process as you have legal recourse after that.

When you say 'file' for discrimination, what do you mean - in a court? Discrimination only applies for 'protected characteristics', ie, because of your gender, race, disability etc - and you'd need evidence to be able to prove that you had been discriminated against. You'd have to show what they have done unlawfully which has discriminated against you - being unkind or difficult isn't necessary unlawful.

I am due in work tommorrow and I can't stand going in, I am not well yet I will get there but I am not 100% there. I have 7 weeks holiday untaken yet what ever happens, I am dismissed, I leave, will I get my 7 week unbooked holiday?

thanks

If you are dismissed you are entitled to be paid for any untaken leave which is owed to you. It will be calculated up to the point of your dismissal.

HTH
KiKi

purpleshoes_2

bluenoseam wrote: »

21 months I'm surprised they haven't started proceedings to have you terminated due to ill health! If you leave you'll be paid for holiday accrued although 7 weeks does sound like an awful lot! But here's a word of warning, you've been there 21 months, you can be sacked for no reason whatsoever - so be warned, they may decide to do that.

The OP has been off for 4 months, employed 21 months. There are procedures the company would need to follow to try and terminate the contract due to depression.

decoo

Many thanks for your replies, can someone explain how a grevience works, and how it would work in my possession?

Can I leave and file a grevience? I will tell them I am leaving and ask that my unpaid holiday is paid

Many thanks

KiKi

A grievance is a complaint. You make a formal complaint, it's investigated by someone in the company, and the outcome is communicated to you. There's little point pursuing it if you're going to resign.

You can't just say you're leaving - you need to communicate your resignation and agree your final 'working' day, and then there will be a notice period that you're entitled to be paid for if you remain off sick, in addition to your unpaid leave.

decoo

KiKi wrote: »

A grievance is a complaint. You make a formal complaint, it's investigated by someone in the company, and the outcome is communicated to you. There's little point pursuing it if you're going to resign.

You can't just say you're leaving - you need to communicate your resignation and agree your final 'working' day, and then there will be a notice period that you're entitled to be paid for if you remain off sick, in addition to your unpaid leave.

Ok thank you, Also, I have been off sick since febuary and I didn't get paid a penny last month even though ive been signed off sick from doctors. When speaking to Hr about not being paid I was told 'well you haven't been in haven't you''

Is this right? Am I not entiled to 6 months SSP?

Also is there any legal comebacks if I were to say I've had enough I am leaving and I do not want to come back? Also is there any templates available online on how to word my resignation? Should I ask them as part of me leaving they will give a good reference?

thanks

fufu_banterwaite

decoo wrote: »

Also is there any templates available online on how to word my resignation?

Surely you can look that up yourself?

Takeaway_Addict

decoo wrote: »

Ok thank you, Also, I have been off sick since febuary and I didn't get paid a penny last month even though ive been signed off sick from doctors. When speaking to Hr about not being paid I was told 'well you haven't been in haven't you''

Is this right? Am I not entiled to 6 months SSP?

Also is there any legal comebacks if I were to say I've had enough I am leaving and I do not want to come back? Also is there any templates available online on how to word my resignation? Should I ask them as part of me leaving they will give a good reference?

thanks

You need to start being a bit more proactive, do a search on SSP and see if you meet the criteria and as above, do a search for a suitable letter template.

As for the reference, you can ask and see what they say but unless you get it agreed in a settlement agreement they are under no obligation to provide you with a good reference (in fact they can legally give you a bad reference)

RuthnJasper

Sorry for your situation, OP. Has your GP referred you for hospital support? If so, have you been assigned to a CPN? They can be very helpful; mine was, I wouldn't be here now if it hadn't been for him.

Alternatively, have a look on here - https://www.mind.org.uk/information-support/ Mind is a mental health charity which has been incredibly helpful in my case.

Wishing you happier times ahead. x