Dismissed on grounds of capabilites - Depression

SimonKD

So I have been dismissed from my job on "grounds of capability". There is no question about my actual ability to do my job when I am at work it is specifically having taken time off.

This all stems from me having time off when my depression has flared up. Two events lead to my depression becoming worse than normal, one was my daughter coming to live with me (having been removed from her mothers care by social services) and the other was my own mother dying from cancer. These both happened within a month.

They have said:

"The panel did not feel that you provided adequte assurances that if faced wth similar personal traumain the future you would be able to maintain a regular level of attendance."

I have only been off sick in the last two years because of my depression (with doctors notes to prove such). I have been on medication for the last three years, the depression has never gone away, it's just easier some days than others, but when something big does happen it is hard to manage.

I know what they have written, but if you take the "PC talking" away can I argue that what they are actually saying, that because I have depression if anything else happens in the future I will need time off and they dont want to deal with it?

Nick_C

How long have you worked for the company? How much time have you taken off work because of your illness?

Undervalued

The nature of your illness is not relevant unless it amounts to a disability (for employment law purposes). Although under certain circumstances depression can qualify as a disability it does not generally do so.

Some companies run very tight sickness "management" policies and this can be perfectly lawful providing the do it properly and consistently. If you qualify as disabled then they must make reasonable adjustments and that could include relaxing the sickness policy a little. However it would still not allow you to take excessive amounts of time off.

As the previous poster asked, how many separate sickness absences have you taken and how much time in total?

SimonKD

Hi Nick, worked there for 4 years and not sure of total time off, but they are saying in the letter:

That between July 2016 to April 2017 (9 month period) I was absent for 101 working days. I've worked out 212 in total working days so I worked just over half. The sickness were long term (i.e. 79 days and 15 days)

SimonKD

They have in letters & emails that stated that they do agree I have two disabilities:

Depression and Deafness

I have been on mediciation for my depression for the last three years, have CBT counciling and regular check ups.

IAmWales

Have you had warnings prior to this?

That level of absence is way over what is acceptable even with adjustments, but it would be good practice to make you aware that this is an issue and to give you an opportunity to improve before dismissal is considered.

System

IAmWales wrote: »

Have you had warnings prior to this?

That level of absence is way over what is acceptable even with adjustments, but it would be good practice to make you aware that this is an issue and to give you an opportunity to improve before dismissal is considered.

I would agree that the level of absenteeism is exceedingly high, but how to improve a diagnosis of depression?

IAmWales

avogadro wrote: »

I would agree that the level of absenteeism is exceedingly high, but how to improve a diagnosis of depression?

Reread what I wrote, I was referring to their level of absence. It is not unfair for an employer to expect an employee to attend regularly.

(And many people with depression do improve, some to a more functional level and some completely. Here the employer is not convinced that the OP has done this, at least not to a level to maintain their employment.)

System

IAmWales wrote: »

It is not unfair for an employer to expect an employee to attend regularly.

I don't disagree, and especially if the sick leave is paid. I am just pondering on what might be the best course of action for the OP, given that their condition is not something they have control over.

SimonKD

I was back at work when the hearing was held. My argument was that the two things that had happended too me in a short space of time, had trigged my depression to spike. Normally I can keep it under control and have been attending regular therapy which has been helping enourmsly.

I understand that they can't contuine to pay me for being off and I have had alot of time off but:

I was back at work
I had a letter from my councler explaining how I had improved massivley recently.

I felt they could at the very least allow me more time to prove I was doing well?

Takeaway_Addict

SimonKD wrote: »

So I have been dismissed from my job on "grounds of capability". There is no question about my actual ability to do my job when I am at work it is specifically having taken time off.

This all stems from me having time off when my depression has flared up. Two events lead to my depression becoming worse than normal, one was my daughter coming to live with me (having been removed from her mothers care by social services) and the other was my own mother dying from cancer. These both happened within a month.

They have said:

"The panel did not feel that you provided adequte assurances that if faced wth similar personal traumain the future you would be able to maintain a regular level of attendance."

I have only been off sick in the last two years because of my depression (with doctors notes to prove such). I have been on medication for the last three years, the depression has never gone away, it's just easier some days than others, but when something big does happen it is hard to manage.

I know what they have written, but if you take the "PC talking" away can I argue that what they are actually saying, that because I have depression if anything else happens in the future I will need time off and they dont want to deal with it?

You say you have been off sick in the last two years.
So year one how many days off?
Year 2 how many days off?