Help lost job due to unacceptable level of sickness

donnajt

I have worked for the same public sector company for almost 14 years, I have mental health issues which have caused these absensces. Now March this year, I went deaf suddenly, my employer refused to let me work, they did back track on this, however, this was the start of a long period March/August of ill health - I have suspected me/cfs and bipolar, cut a long story short as I'm not sure if I am posting on the correct forum - I was dismissed mid August, I have since been diagnosed with bipolar and starting physio to assist with me/cfs, I am sure I am protected by the disability act, I could have appealed their decision, but am still too ill to work, due to bipolar I am currently withdrawing from an antidepressant I have depended on for 9 years, but I am starting to feel like I have been treated badly as reality is I have no prospect of gaining employment ... who would want me in my current position???? Has anyone been in similar situation or have any knowledge in this area? Thank u all so much for taking time to read x

sangie595

The "disability act" doesn't protect you at all! You have had significant levels of sickness -/you can be dismissed for that, disability or not. But by my counting, you have had what, six months offv with sick pay? That seems rather odd after 14 years in the public sector. Six months full and six months half is the norm. Can you please explain what sickness you have had in total, and the procedure that they went through? Are you in a union?

There is a basic truth - employers expect employees to be at work, not off sick. I'm not being harsh, simply saying it like it is. Dismissal is inevitably the result of significant levels of sickness amongst all types of employers now. The only thing that matters is that they have followed a fair process. Which they probably have, but there is mileage in looking into that, which is why I am asking the questions.

Tigsteroonie

You speak about the "disability act" (I presume you mean the Equality Act) but do you consider yourself disabled? Did you ask your employer to note your disability of mental illness (some diagnoses do class as life-affecting conditions), and to make any reasonable adjustments to accommodate that?

Your post reads as though your mental health issues started before this year; how long have you been undergoing diagnosis and was your employer aware of your issues?

[Deleted User]

donnajt wrote: »

who would want me in my current position???? Has anyone been in similar situation or have any knowledge in this area? Thank u all so much for taking time to read x

Employers who put this and alike in their job adverts:
"We are committed to supporting well being for all employees and are a signatory to the MINDFUL EMPLOYER Charter for Employers who are Positive About Mental Health."
(Well I was pleased to see it this morning.)

My absolute sympathy - own disabled brother was dismissed end of August after close on 11 years service, (must state private sector who never coped particularly well after the life changing accident with his physical or mental state), he appealed and least got to see the pretty basic reference they would provide, whilst hitting every other brick wall imaginable, it's been a real eye opener so the small things are good to see x

theoretica

sangie595 wrote: »

But by my counting, you have had what, six months offv with sick pay? That seems rather odd after 14 years in the public sector. Six months full and six months half is the norm.

Public sector employers are also under pressure to save money and will not want to pay the sick pay if they can justify not doing so, perhaps having a reason for thinking the worker unlikely to return within the year. Long sick pay need not mean kind attendance policies.

sangie595

theoretica wrote: »

Public sector employers are also under pressure to save money and will not want to pay the sick pay if they can justify not doing so, perhaps having a reason for thinking the worker unlikely to return within the year. Long sick pay need not mean kind attendance policies.

I don't suggest it did. Quite the reverse since I know exactly how public sector employers handle such things. Which is why I asked the question. There is case law that says that employees cannot be dismissed before they exhaust occupational sick pay unless they are paid the full remaining sick pay. Otherwise it is breach of contract. Yippy cannot contact to pay something, then sack someone before the end of that contractual commitment. I do actually know what I am doing.