Depression - Employer's responsibilties

FredG

Guest101 wrote: »

Why would I be upset? Seems abit of a strange thing to say when someone is helping you

Only playing my friend. I do appreciate you reading and replying.

Undervalued

FredG wrote: »

My friend has been signed off work with depression and anxiety, her GP and counsellor strongly agree with her that her working environment has been the trigger to this.

The may do and they may very well be right. However that will carry very little weight legally as they will only have heard one side of the story. They are qualified to diagnose her current condition but cannot for certain state that work in the cause. For all they know the real cause could be some other issue in her life which she is choosing not to disclose.

Sorry, but that is what the employer's lawyer will contend if it ends up at a tribunal. She would need hard evidence that shows real problems in the work environment that are actually the employer's fault.

Cases can be won on this basis but it is quite rare as it is so hard to prove.

FredG

BJV wrote: »

As an employer yes I think that they are wrong. BUT and it is a big but, if your friend is unwell and her job is a route cause would it be a healthy place for her to be.

I think that the employer however has to be very careful. Clinical depression once diagnosed is classed as a disability. They are then running the risk of not only being held up for unfair dismissal but also discrimination.

That said I hate to say it but if an employer wants you out they will get you out and they could make it very difficult for her, which in her current health could do a lot of damage.

P.s Good luck and I sincerely hope she gets better. 1 in 4 of us are going to suffer some depression in our life time so I think it is about time we wake up to it and the fact that depression will be a part of the working environment.

I didn't realise that clinical depression becomes a protected characteristic for discrimination so that's really helpful so thank you.

Yep, it's a real tough place to be in and I've seen a lot of people who suffer tarred with the stigma of being weak, lazy or troublemakers by their employers. This one however has acted particularly badly in my eyes over the past year so anything I can get to help me stand up for her and assist is amazing. Thanks again for your time.

FredG

Undervalued wrote: »

The may do and they may very well be right. However that will carry very little weight legally as they will only have heard one side of the story. They are qualified to diagnose her current condition but cannot for certain state that work in the cause. For all they know the real cause could be some other issue in her life which she is choosing not to disclose.

Sorry, but that is what the employer's lawyer will contend if it ends up at a tribunal. She would need hard evidence that shows real problems in the work environment that are actually the employer's fault.

Cases can be won on this basis but it is quite rare as it is so hard to prove.

This is helpful, thank you. I personally think it's going to be counterproductive to butt heads with them for some minor damages when the real prize would be to get out of there and start fresh.

polgara

I didn't realise that clinical depression becomes a protected characteristic for discrimination so that's really helpful so thank you.

Only when it has a long-term effect on your normal day-to-day activity