Lost job due to mental health issue - advice required

AdviceSought

So, about 2/3 of the way through my initial probation period, I've had my employment terminated.

My workload has been very light, and I've had a recent relapse with depression, and my GP and the psychologist I've been seeing for CBT appointments believe that has been down to having very little to occupy my mind.

When I've asked for other stuff to do, there's not really been anything forthcoming.

After my most recent CBT appointment, I made a proposal, based on the discussions with my GP and the psychologist that, in the interim, I work part-time, which would still allow me to get through my workload and build the hours up over the next two or three weeks to full-time again.

My employer has rejected this out of hand, not offered any alternative options, and came back with this...

a part time role is not acceptable to us under any circumstances. We have decided to terminate your employment as you cannot meet the requirements of the position

I realise that I'm unlikely to have any legal rights here due to being in the probationary period, but it just seems wrong that an employer should actually be allowed to behave like this...

k3lvc

AdviceSought wrote: »

So, about 2/3 of the way through my initial probation period, I've had my employment terminated.

My workload has been very light, and I've had a recent relapse with depression, and my GP and the psychologist I've been seeing for CBT appointments believe that has been down to having very little to occupy my mind.

When I've asked for other stuff to do, there's not really been anything forthcoming.

After my most recent CBT appointment, I made a proposal, based on the discussions with my GP and the psychologist that, in the interim, I work part-time, which would still allow me to get through my workload and build the hours up over the next two or three weeks to full-time again.

My employer has rejected this out of hand, not offered any alternative options, and came back with this...



I realise that I'm unlikely to have any legal rights here due to being in the probationary period, but it just seems wrong that an employer should actually be allowed to behave like this...

Their response seems very extreme - what exactly did your proposal say and had there been any issues raised with you before your proposal ?

AdviceSought

k3lvc wrote: »

Their response seems very extreme - what exactly did your proposal say and had there been any issues raised with you before your proposal ?

I proposed 50% hours next week, and scaling up over rest of the month to be back full-time by the last week of the month.

Given some days, I'd literally only had a couple of hours work to do...

And no, they'd not previously raised any issues with me.

Ozzuk

Sounds like you've gone about this all wrong. If you have an occ health you could have gone through them, pursued a temporary change in hours that way. I know ours still pays full time wage even if you are on reduced hours due to health.

If you've asked for a time reduction due to workload then actioning that can cause a lot of issues for companies, pension, tax, holiday - could all need to be changed. Its odd they didn't just say no though, have you made comments that you are bored? Underused? Not able to work?

ReadingTim

Even if you were out of your probationary period, it is entirely within the remit of employment law to terminate someone's employment if they are no longer able to carry out the job you employed them to do. The only thing you can influence here is the length of time it takes them to do it.

It is not the role of the employer to support people who can no longer work - that is the role of the state and the social security system.

shortcrust

AdviceSought wrote: »

So, about 2/3 of the way through my initial probation period, I've had my employment terminated.

My workload has been very light, and I've had a recent relapse with depression, and my GP and the psychologist I've been seeing for CBT appointments believe that has been down to having very little to occupy my mind.

When I've asked for other stuff to do, there's not really been anything forthcoming.

After my most recent CBT appointment, I made a proposal, based on the discussions with my GP and the psychologist that, in the interim, I work part-time, which would still allow me to get through my workload and build the hours up over the next two or three weeks to full-time again.

My employer has rejected this out of hand, not offered any alternative options, and came back with this...



I realise that I'm unlikely to have any legal rights here due to being in the probationary period, but it just seems wrong that an employer should actually be allowed to behave like this...

I find that very difficult to believe.

BorisThomson

ReadingTim wrote: »

Even if you were out of your probationary period, it is entirely within the remit of employment law to terminate someone's employment if they are no longer able to carry out the job you employed them to do. The only thing you can influence here is the length of time it takes them to do it.

It is not the role of the employer to support people who can no longer work - that is the role of the state and the social security system.

This is poor advice. The OP has not said they can no longer work, but that they may need adjustments to their role. It is the role of the employer to make reasonable adjustments for a worker with a disability, and given the OP's history they may well qualify as disabled.

Having said that, I would echo Ozzuk's comments, that the OP has approached this in the wrong way. Occupational Health would have been the way to go here, they could have worked with the OP and the employer to find ways to keep them in work.

OP, does your employer know of your mental health history? If so, you may have grounds to complain that they failed to consider reasonable adjustments, especially given their blanket statement on part time employment, that's a strong indicator of discriminatory behaviour. You'd need to speak to a solicitor who has all the information in front of them to fully assess your case. Personally I would let it go, any award will be low and it will be a very stressful process. It certainly won't help your health.

For your next employment, get advice before you do anything potentially contentious.

BorisThomson

shortcrust wrote: »

I find that very difficult to believe.

Boredom can exacerbate depression. It's of the reasons that work can be good for mild to moderate depression, to occupy your mind.

elsien

Your depression could potentially count as a disability under the equality act, depending on its impact on your day to day life and how longstanding it is.
https://www.citizensadvice.org.uk/law-and-courts/discrimination/protected-characteristics/disability-discrimination/

That doesn't mean you they can't get rid of you but it does mean they should be more careful in how they manage you. You would need to get some more specialist advice as to whether you are protected by the Equality Act or not.
How have you gone about making and discussing the request? Face to face? By letter? Email?
Something about their response looks like you've put their backs up somehow. How long were you actually off sick for - it may be that is hasn't been long enough for them to consider adjustments are needed. What were they like as an employer before you went off sick?

shortcrust

BorisThomson wrote: »

Boredom can exacerbate depression. It's of the reasons that work can be good for mild to moderate depression, to occupy your mind.

I understand that, both from theory and from personal experience. What I don't believe is that the GP and Psyc said it was the cause of the relapse. It's just not the sort of thing a health prof would say. They might have agreed that it might be a contributing factor but that's about as far as they'd go.

ReadingTim

BorisThomson wrote: »

This is poor advice. The OP has not said they can no longer work, but that they may need adjustments to their role. It is the role of the employer to make reasonable adjustments for a worker with a disability, and given the OP's history they may well qualify as disabled.

Much as you might wish it wasn't the case and this was poor advice, as a basic principle, being sick or being disabled is not a "get out of jail free" card, and employment law recognises this. Employers pay those who can work, the state pays those who can't.