Depression and Review Forms

bluangel1239

Hello

We've recently been taken over by a new manager and now one of the objectives on our half year review forms is to manage sickness levels in line with our colleagues.

I have 3 other colleagues, one of which has alot of sick time, but the other two very rarely have time off.

I suffer from depression and have done for nearly a decade now, and as a result I do have time off during periods of high stress (mostly work related) due to sickness, but only a day or two.

As a result, and after explaining to my manager that my depression does make me ill more often, I've still been marked down on my review form for this. I've been told that as I don't come in when I'm sick, this doesn't show dedication to my job.

I understand that even though we are a small team and even one person being off can effect everything, something like this which is out of my control, shouldn't be held against me.

Going forward, is there anything I can show my manager or help them understand this? Am I covered by the equality act in a situation like this? Or am I being unreasonable?

Thanks

Gingernutty

Hi OP.

Someone more knowledgeable than me might see this soon but try here as a first call

https://www.gov.uk/rights-disabled-person/employment

System

I think your manager is wrong, and out of order in saying that if you don;t come in when ill you're not showing dedication ro your job. In fact i'd go as far as to say in a way you're being proactive in trying to manage your illness and minimize time off (as i'm guessing if you did go in when ill, this could lead to your condition deteriorating and thus lead to you being off for an even longer period of time). Do you have an occupational health department? I have bipolar and before my managers were aware of it, my sickness did trigger and absence review, but one they had a doctors not (detailing adjustments) they have no in effect given me a bit of leeway in regards to time off sick. They know i wouldn;t call in unless i really was too ill to work. In fact i've turned up to work several times when ill and its actually caused them more hassle as i've clearly been unfit to work, so they;ve had to send me home and arrange cover at short notice, i've now been told in no uncertain terms that i don;t feel up to it, don't come in and they will sort it out. Does you boss not realise that essentially telling you to come in wwhen you're not up to it will either a)lead to you being off longer or b)possibly result in you having to be sent home and her getting cover at even short notice?

I think as you have had this for over a decade, it would come under the equality act, though you may want to look at getting some professional advice to confirm this. Companies should by law ( if you are covered )make efforts to make reasonable adjustments, which could include how they apply sickness reviews.

some links:

http://www.time-to-change.org.uk/your-organisation/support-workplace/where-do-i-stand-legally

http://www.nhs.uk/Conditions/social-care-and-support-guide/Pages/Equality-Act-disability-discrimination.aspx

http://www.mind.org.uk/information-support/legal-rights/disability-discrimination/

(this is more aimed at employers) http://www.acas.org.uk/media/pdf/n/8/Equality_Act_2010_guide_for_employers-accessible-version-Nov-2011.pdf

bluenoseam

Have to remember that the equalities act will only cover you so far - it will not however stop an employer from being able to deal with absence which they deem excessive. I understand your depression issues OP, but if you're taking increased days off over your colleagues it's also the case that someone's having to pick the work up.

It's hardly unreasonable for an employer to bring up sickness if it reaches a level whereby it's above the average - it may only be a day or two but you also say it's during times of high stress. You then say that's "mostly work related" which makes me wonder if this correlates with periods where it's busy, at which point suitability must come into play. There's also the fact that it may only be 1-2 days, but that's not saying how often that can be - 1-2 days a year is acceptable, 1-2 days a quarter is borderline, 1-2 days a month is WAY unacceptable.

Is it a large employer? If so the manager's probably under pressure from above to sort their sickness levels out, after all, sick days cost time & money. Clumsy, possibly a little, but unreasonable, well, that's depending on your viewpoint, I don't think it's unreasonable, but I'm not the one in the cross-hairs.

bluangel1239

Thanks for the replies.
I have had 9 days off this year, mostly as I've been on new medication/ New diagnosis which I've been struggling with and have made them aware of. Generally in the past my sickness level isn't too bad and my work has never been called into question as I do work extremely hard, which is why I don't understand why I've been marked down.

Our work load is always extremely high as the company have just overstaffed the department with temporary workers which hasn't helped, so it doesn't matter when anyone takes time off sick. My work isn't covered either when I'm off sick, if anything it's other people's work not being done when I'm off sick as I help them.

I just don't feel it's reaonsable to have absense on a review form for an employee who is already managing a sickness for a decade.

d70cw6

wish i could have an extra 2 weeks off work a year with no career impact

tomtontom

d70cw6 wrote: »

wish i could have an extra 2 weeks off work a year with no career impact

I'll work your two weeks in exchange for a lifetime of depression. Deal?

OP, have you looked at stress management techniques? I find mindfulness helpful.

bluenoseam

9 days off this year is a fair bit if we're taking it from January, 9 days off if we're taking it from April is bordering on dangerous territory. You think they're being unreasonable because you're in the position where you're in the line of sight, I'm not so sure it's the case it's unreasonable.

You do however have mitigating circumstances (new medication) but ultimately your employer is allowed to have sickness as a KPI. Especially as that's at the bare minimum 4 periods of sickness - which is more than enough to trigger almost any sickness measures in most work places.

missbiggles1

How long have you worked there?

sangie595

bluangel1239 wrote: »

I understand that even though we are a small team and even one person being off can effect everything, something like this which is out of my control, shouldn't be held against me.

One must assume, unless you are suggesting that your colleagues are pulling sickies, that sickness is always out of a persons control. Someone no more chooses to have flu as they choose to have depression. Even covered by the Equality Act, that does not mean that you are automatically entitled to more time off sick, or to have certain sickness disregarded. The employer might consider a request for this to be the case, but you aren't entitled to get it just because you have a disability. And it is also unlikley that the employer will disregard all related sickness too - you may geta slight incraese in the target for sickness absences, but I can't think of any employer that would allow all or most to be discounted.

There is certainly nothing illegal in the manager marking you down as having been absent too often - if that is the case then it is the case. The law exists to give people with disabilities an EQUAL opportunity - not a better one. The question is what happens as a result of being marked down, and whether or not that consitutes discrimination or unfair treatment. Only an employement tribunal can decide that, and if you are at that stage, then you have bigger problems than being marked down.

BoJangles_2

Regardless of whether your sick days are deemed too high or not, in my opinion, there should be company guidelines and it shouldn't be a case of you bringing your sick day record in line with your colleagues.

Did you speak to your previous manager about your depression and was he/she understanding?