Dismissed on grounds of capabilites - Depression

SimonKD

The previous sickness wasn't included in the hearing as it had been dismissed from my record (after I won an employment tribunal about my deafness being a disability).

IAmWales

SimonKD wrote: »

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?

Have there been any prior warnings/ meetings about your absence?

IAmWales

SimonKD wrote: »

The previous sickness wasn't included in the hearing as it had been dismissed from my record (after I won an employment tribunal about my deafness being a disability).

So you've taken the employer to tribunal, and since then you've been off sick roughly as much as you've been in work.

How long was your previous absence and what was it for?

SimonKD

IAmWales wrote: »

Have there been any prior warnings/ meetings about your absence?

Yes, it didn't come out of the blue, I was aware, but there wasn't alot I could do about being off, I'd already taken all my Annual Leave and unpaid leave when my daughter moved in and I wasn't allowed anymore.

SimonKD

IAmWales wrote: »

So you've taken the employer to tribunal, and since then you've been off sick roughly as much as you've been in work.

How long was your previous absence and what was it for?

I had to take them to a tribunal as they wanted me to do things like answer the telephone... I am deaf how am I supposed to do that?

The judge agreed they were in the wrong by a long way.

My previous absence was wiped from my sickness record as part of the deal of me returning to work.

IAmWales

SimonKD wrote: »

I had to take them to a tribunal as they wanted me to do things like answer the telephone... I am deaf how am I supposed to do that?

The judge agreed they were in the wrong by a long way.

My previous absence was wiped from my sickness record as part of the deal of me returning to work.

Why are you not answering the question? You've been asked it twice now.

While it may have formally been wiped from your record, it can still be in the mind of the panel when deciding this case, it is still part of a pattern even if in itself it is not actionable.

Have they followed the absence management procedure correctly?

lincroft1710

Simon, sorry to say this but with 101 days sickness in a 9 month period, you are not looking a good prospect for any employer. Your employer is running a business which may not function well if an employee is absent for such a long period.

Other than put you on a zero hours contract (which may not suit the business need) I don't see your employer had any other alternative than to dismiss you on capability grounds.

SimonKD

It was 3 months and offically down as depression.

They have followed it correctly yes.

IAmWales

SimonKD wrote: »

It was 3 months and offically down as depression.

They have followed it correctly yes.

You have a long term history of absences from depression.

You have had repeated warnings regarding said absences and you were aware that the next stage would be dismissal.

The employer was reasonable in dismissing you.

I'm not unsympathetic, I have a long term mental health condition and know how difficult managing work can be, but you have to see it from the employer's point of view. Unfortunately they have decided that, taking into account your history, you are unable to fulfil the requirements of your position.

Fireflyaway

From a business point of view I can see two things - you have had a considerable amount of time off sick and your condition is one that could return. If you had a long spell off due to an injury and totally recovered that's going to be viewed differently to something chronic like depression or ME or Lupus etc. They pay workers to do a job and being off so much is not a good deal for them.
That doesn't help you though! I can see how 2 life changing events could cause you time off and so I do agree that if you can show reasons why it was an exceptional thing and unlikely to happen again they should give you another chance. I know I would want to. However I guess they have to apply the company rules to everyone equally.