Disciplinary hearing or resignation?

Bmaiia

So from March 2018, I was signed off work for 3 months due to depression and anxiety. I had a complete breakdown, which resulted in me attending the doctors to which they signed me off.

Work advised for me to see their in house counsellor whilst I was off. I did this for several weeks. She was aware of everything that I was doing whilst I was off and encouraged me to try and do normal things and not close myself away in the house(easier said than done)

Whilst I was off, I had two holidays pre booked. One with my partner and one with my mum. I also had a concert pre booked.

A member of the public/customer saw my Instagram page whilst I was signed off work and made a complaint that I had gone on a foreign holiday. The mood I was in, checking my Instagram was on private was the last thing on my mind.

My team leader who I have on Facebook also made a complaint taking a screenshot of a picture of me on my hotel balcony from Facebook. (I did not post any other photos on facebook). She then also saw a picture of the concert I went too.(this photo consisted of Foo Fighters, I was not in the picture)

In her complaint she has advised that there was no previous indicators to my depression and in my photo I look happy.

2 weeks before returning to work on phased return they advised that I will have to attend an investigation. I am now 3 weeks into my phased return and they have advised that I need to attend a disciplinary hearing, due to misrepresenting the extent of my health.

I am medicated on 150mg Sertraline, and this is not easing me into being back to work. The depression was linked to a range of home life troubles and stress from being under staffed at work.

Luckily before I returned I asked to be in a different department so I didn't have to sit with the team leader that has made the complaint.

Now this is where I am unsure what to do. I am really struggling being in work, I have come home crying everyday whilst this investigation/Disciplinary hearing has been going on.

Do I hand in my notice before the hearing, just to get myself out of the toxic environment and for my own mental health? Or do I sit through the hearing and get an outcome and then appeal/tribunal?

marliepanda

When you were first signed off what did you say about your health. They say you misrepresented the extent, did you say you were too anxious to leave the house? Too depressed to get out of bed etc.

Whilst its entirely correct that you are allowed to do enjoyable things whilst off with stress of depression there is also the flip side. Everyone would rather not be at work and doing fun things, thats life, so whilst yes you can do stuf, if everyone was too ~stressed~ to go to work but totally able to function in their social life that is going to rub people up the wrong way who are covering your workload.

So, long story short, in hindsight dont put public pictures of yourself having a jolly old time whilst youre telling people youre too anxious and depressed to go to work. It doesnt matter how true it is, it will annoy people. If we pretend you were signed off with the flu or S&D it would be frowned upon if my next instagram was me getting bladdered at a hen party. Whilst mental health is different, I feel you should take the same precautions.

If you are unable to function at work without going home crying then I would absolutely leave as that is very unhealthy.

GreenTreen123

Will it be marked on your record that you quit whilst you had an investigation?

Hama4075

I'm sorry you're going through such a difficult time.

I can't know what you should do, but I would suggest that whatever you decide you get as much support as you can.

If you go to the Disciplinary meeting/s, will you have someone with you? (Depending on the type of meeting, you have the right to be accompanied by a union representative or a work colleague. Your company might allow you to be accompanied by someone else, although it's not a legal entitlement.)

Can your GP refer you for counselling or psychotherapy? Or can you get counselling through a charity or church, or even pay privately? The counselling you had through work sounds like it was short term, and might be tricky now because it's associated with your workplace. I realise it can take time to arrange this and there might be a wait, but I would suggest looking into it as soon as you can. It sounds like you're struggling and could do with support and someone to talk things through with as you go through the next few months (whatever route you decide to take).

nicechap

Bmaiia wrote: »

So from March 2018, I was signed off work for 3 months due to depression and anxiety. I had a complete breakdown, which resulted in me attending the doctors to which they signed me off.

Work advised for me to see their in house counsellor whilst I was off. I did this for several weeks. She was aware of everything that I was doing whilst I was off and encouraged me to try and do normal things and not close myself away in the house(easier said than done)

Whilst I was off, I had two holidays pre booked. One with my partner and one with my mum. I also had a concert pre booked.

A member of the public/customer saw my Instagram page whilst I was signed off work and made a complaint that I had gone on a foreign holiday. The mood I was in, checking my Instagram was on private was the last thing on my mind.

My team leader who I have on Facebook also made a complaint taking a screenshot of a picture of me on my hotel balcony from Facebook. (I did not post any other photos on facebook). She then also saw a picture of the concert I went too.(this photo consisted of Foo Fighters, I was not in the picture)

In her complaint she has advised that there was no previous indicators to my depression and in my photo I look happy.

2 weeks before returning to work on phased return they advised that I will have to attend an investigation. I am now 3 weeks into my phased return and they have advised that I need to attend a disciplinary hearing, due to misrepresenting the extent of my health.

I am medicated on 150mg Sertraline, and this is not easing me into being back to work. The depression was linked to a range of home life troubles and stress from being under staffed at work.

Luckily before I returned I asked to be in a different department so I didn't have to sit with the team leader that has made the complaint.

Now this is where I am unsure what to do. I am really struggling being in work, I have come home crying everyday whilst this investigation/Disciplinary hearing has been going on.

Do I hand in my notice before the hearing, just to get myself out of the toxic environment and for my own mental health? Or do I sit through the hearing and get an outcome and then appeal/tribunal?

What sort of organisation acts on a 'complaint' form a member of the public/ customer that someone has gone on a foreign holiday?


You cannot abdicate this faux dilemma to strangers on the internet.


You have to decide what you want from your life and then how you will go making it happen. Do you want to earn a living, do you enjoy the job, do you like the people you work with - you've already managed to be removed from the team leader. Is being unemployed better or worse for your health? your bills? your family? etc etc


Just as your team leader has presented a one sided account of what you've been doing, you can present your truthful account to rationally explain what you've been doing to manage your health.


There's been a number of similar threads posted in the last few days, read them and see how others are tackling things.

JReacher1

You were signed off work by a doctor and are on medication.

I do not know how your current employer can ignore this and instead base a disciplinary hearing on social media posts.

pinkshoes

Did you contact work to book the holiday from your entitlement?

[Deleted User]

There is nothing more annoying for existing work colleagues to have extra pressure when someone is signed off sick to find them enjoying holidays and nights out, the general thought is that if they are well enough to go out socially they are well enough to attend work.


Having said that I would do what's best for you, if you love the job then fight for it, if you don't then leave and look for other jobs when you are recovered.


From personal experience we had a guy at work do exactly the same as you and although he kept his job he lost friendship / respect from his team and left shortly after anyway,

ohreally

Did your GP advise you that due to your health issues a holiday would aid your recovery and speed up your return to work?

Sssssss

Hi,
I'm so sorry to hear that your company is giving you a hard time when you are clearly suffering.

I've been there myself, in fact my GP even recommended that I go away for awhile, change of air would do me good.

A few things come to mind

1. your GP signed you off, he knows you and your health problems. Your company or team leader or customer have no right to question this!

2. Do not quit, you've done nothing wrong.

3. Clearly if you are going home crying that is not right, please go back and see your GP and get signed off. 3 months is not long enough to pull your life back together after a breakdown.

Be strong, think of you health first!

sangie595

Sssssss wrote: »

Hi,
I'm so sorry to hear that your company is giving you a hard time when you are clearly suffering.

I've been there myself, in fact my GP even recommended that I go away for awhile, change of air would do me good.

A few things come to mind

1. your GP signed you off, he knows you and your health problems. Your company or team leader or customer have no right to question this!

2. Do not quit, you've done nothing wrong.

3. Clearly if you are going home crying that is not right, please go back and see your GP and get signed off. 3 months is not long enough to pull your life back together after a breakdown.

Be strong, think of you health first!

Actually, the employer definitely has a right to question it, and the law and regulations say they do!

Pinkshoes has hit a nail on the head. Did the OP book the annual leave that they took, or even discuss going away on holiday with their manager? Because events would suggest they did not. During sick leave ALL terms and conditions of employment continue to exist - otherwise you wouldn't get paid! That means that you cannot simply take off on holiday unless you have that holiday approved, just as you would if you were physically present in work. Look at it from the employers point of view here - holiday continues to accrue during sick leave, so the OP gets all their holiday entitlement PLUS two extra holidays! If you were paying the wages, what would you be thinking? And like many physical illnesses, some mental illnesses are easy to either fake or over egg. I'm not suggesting that the OP is doing so - more likely they have foolishly not considered talking to the employer before they went on holiday - but the employer knows this as well as I do, and they have no reason to believe the OP didn't do so.

At this stage, the only reason to resign is that the OP does not want to go through the disciplinary - any reference can stipulate to the fact that they resigned prior to a disciplinary, so there's nothing to be achieved. And if they are going to take your advice and go off sick again, even with good cause, they may as well resign - whilst I can't disagree with the rationale that if they are not fit they shouldn't be in work, going off sick when facing charges like these is the worst thing to do, and will pretty much guarantee a bad outcome.

I'd also have to say that a tribunal outcome would be far from guaranteed - the employer appears to be in the right, legally, and the OP did not have permission to take holiday. And has helpfully provided the employer with evidence of that fact thanks to their social media posts. Social media posts, if your are intent on using it, should always be set on private, and even doing that won't help if your are daft enough to think that your customers and your employers / colleagues/ managers are your friends. How often do people need to get ratted out by people they friended before they learn that lesson?

Given a date has been set for the disciplinary now, it can't be that far off, so if the OP is able to, they should attend and explain that they didn't realise they had to book holiday if off ill and apologise profusely for the impression they have given. All things considered, they are likely to get away with a sanction less than dismissal, and right now, keeping their job is the best option. If this is stressful, then unemployment will be more so. I would suggest that they submit a written statement - a script, if you like- of what they want the disciplinary to hear. That way they won't forget anything.