Depression

Sarah69

Hi, I started a new job on the 23rd February this year and have a 3 month probationary period. Unfortunately I'm off sick for the second time, both times due to sickness and diorhea. I work in a hospital. I also seem to be having a bad bout of depression too, I dread getting up in the mornings and I haven't felt like getting dressed. I've had depression before so I know what it is, am going to Drs tomorrow anyway. My question is this, can I be sacked in this probationary period because of this depression?

HappyMJ

Sarah69 wrote: »

Hi, I started a new job on the 23rd February this year and have a 3 month probationary period. Unfortunately I'm off sick for the second time, both times due to sickness and diorhea. I work in a hospital. I also seem to be having a bad bout of depression too, I dread getting up in the mornings and I haven't felt like getting dressed. I've had depression before so I know what it is, am going to Drs tomorrow anyway. My question is this, can I be sacked in this probationary period because of this depression?

Yes...you can have your employment contract ended for any reason at all in the first two years. They must pay you SSP until you are fit enough to return to work or run out of SSP then they can finish you. You can then claim ESA to continue to get money.

If you're working for the NHS they should be able to work with you to find some work to fit around your depression so you should try asking and see if they can help you.

Takeaway_Addict

HappyMJ wrote: »

Yes...you can have your employment contract ended for any reason at all in the first two years. They must pay you SSP until you are fit enough to return to work or run out of SSP then they can finish you. You can then claim ESA to continue to get money.

If you're working for the NHS they should be able to work with you to find some work to fit around your depression so you should try asking and see if they can help you.

This part isn't true, you can be dismissed whilst off sick.

No they cannot sack you if you are suffering from depression and are covered by the equality act.

But ultimately if they give a non descript reason for dismissing you then you'd have a battle to prove you were dismissed for discriminatory reasons which is likely to be long and stressful in itself.

sangie595

Takeaway_Addict wrote: »

This part isn't true, you can be dismissed whilst off sick.

No they cannot sack you if you are suffering from depression and are covered by the equality act.

But ultimately if they give a non descript reason for dismissing you then you'd have a battle to prove you were dismissed for discriminatory reasons which is likely to be long and stressful in itself.

To be clear, this part is misleading. The Equality Act does not prevent employers from dismissing staff with disabilities (assuming this depression qualifies, which I doubt since the OP's description doesn't appear to describe something that is ongoing and long-lasting, but more something they have had before and which they have had a short period of time now). Too much sickness absence alone can make dismissal and option, and two periods in less than three months (neither of which are due to depression anyway) is an awful lot of sickness. But if someone is off sick with something which is disability related, they can be dismissed, just as any other employee could be. The employer might, if they could, make some reasonable adjustments, but that doesn't include not dismissing them.

grell72

My question is this, can I be sacked in this probationary period because of this depression?

The company can't fire you with this reason. How, this has a big influence on the final decision.

ohreally

Op, become pro-active and arrange a self-referral to occupational health especially if you suspect your depressive condition may be workplace related.

Takeaway_Addict

sangie595 wrote: »

To be clear, this part is misleading. The Equality Act does not prevent employers from dismissing staff with disabilities (assuming this depression qualifies, which I doubt since the OP's description doesn't appear to describe something that is ongoing and long-lasting, but more something they have had before and which they have had a short period of time now). Too much sickness absence alone can make dismissal and option, and two periods in less than three months (neither of which are due to depression anyway) is an awful lot of sickness. But if someone is off sick with something which is disability related, they can be dismissed, just as any other employee could be. The employer might, if they could, make some reasonable adjustments, but that doesn't include not dismissing them.

Yes my apologies, I was not clear.

Takeaway_Addict

ohreally wrote: »

Op, become pro-active and arrange a self-referral to occupational health especially if you suspect your depressive condition may be workplace related.

This is good advice, OP if you are not proactive and helpful to the employer, keep them informed and an idea of returning then your employer is less likely to be acommidating. Most employers want to be kept up to date and it does go along long way.

Sarah69

I have been taking anti depressants since 2009, which was for not being able to work due to chronic pain. This problem was sorted out and I've slowly been coming off them. I've no idea what has caused this depression, I have lots in my life to look forward to. The job I have is one I've wanted for a very long time. I work as a healthcare assistant in a hospital. There has been norovirus on the ward which is what I've been off with. I'm not one to keep having time off sick in my previous job of two and a bit years I was off sick about 5 times maybe. I'm seeing my Dr this afternoon so I'll see what she says.

ohreally

Sarah69 wrote: »

There has been norovirus on the ward which is what I've been off with

What's the policy re norovirus absence?