About to be fired for gross misconduct...need advise

Genuineguy03

Xxxmessupxxx

Thanks, I total agree with what you posted.

And maxman, forgot to mention in my last post. But you do have a protected characteristics too, it would seem from what you said.

ds383

Genuineguy03 wrote: »

Manxman

Its clear from the op's very first post. The first paragraph even.

Its also clear that the OPs anxiety effects his day to day life, and has do for a long time. Therefore it is a protected characteristics under equality act 2010. And also support in case law J v Piper 2010. Note don't necessary have to have suffered 12 months or more, just need to show how it effects your day to day life and that it is likely to continue long term.

Also if one suffers low moods along with there anxieties is known as clinical depression. Depression and anxiety usually go hand in hand. So if you have 1, you likely suffering from both to some degree.

People seem to be getting confused as to what is a mental illness and protected by the equality act, no doubt largely do to a certain tribunal claim made by a teacher called Mr merry (if remember correctly). He claimed his stress was a protected characteristics, however was unable to prove it effected his day to activities, other occasionally effecting his dyslexia (I have that, and when stressed it can be worse). Tribunal also found his stress was from his perceived unfair treatment at work. Basically he didn't like how he perceived he was being treated and felt he was being treated unfairly and refused to return to work.

However there is also another case that shows, in cases of anxiety and depression, that being advised by your GP to refrain from work is enough to show substantial effect on day to day activities Rayner v turning point.

Hope the above helps maxman.

OP put today behind you, follow the advice given here to getting support and you will beat this, trust me. As you said your anxiety is effected by social situations (I assume you mean mixing with others). I'd suggest you look at tackling that, by signing up to local community based part time educational courses or volunteering (the courses usually pay you a bursary for travel and food expenses that don't effect your benefits - well not uc) its a great way to get to know people and is actually good at combatting anxiety. Plus isolating yourself would only make things harder for you. The course providers can also offer students support with other things too via their student support workers.

You've already taken the hardest and biggest step, that being acknowledging you need help, now you just need to keep moving forward one step at a time.

Thanks so much for your advice

Genuineguy03

@ds383

Your more than welcome. I wish your circumstances had been different as then could have done more for you, but unfortunately they weren't so there was nothing that could be done. But as, others have said, treat it as a blessing in disguise and focus now on combatting your anxiety/depression and drinking in order to get better. And don't be afraid to ask for help in future, there's no shame in it. And as you can see here, there's others that are suffering from one thing or another all around you, even people you know personally have had some form of mental health issues at some point in there life's. Your more normal than you think.

I use mindfulness excersises and even have positive/inspiring quotes on bathroom/bedroom mirror, to remind myself to think positively every morning. Hell I even have a load printed on A4 printer in one corner of my living room above the television. I call I it my possy (for positivity) corner. So if I ever feel negativity creeping into my mind, I can see those positive notes and give myself a kick up the rear. And it works. Might work for you too.

Manxman_in_exile

Genuineguy03 wrote: »

Xxxmessupxxx

Thanks, I total agree with what you posted.

And maxman, forgot to mention in my last post. But you do have a protected characteristics too, it would seem from what you said.

I don't know - I wouldn't have said I did. Mind you, I was a little surprised when I looked up the med I'm on. I expected it to be used for mild symptoms of depression but it's actually used for "major depressive disorder".


Having worked in mental health for 25 years (albeit a non-clinical role) I appreciate the difference between being "depressed" and "clinical depression", so I'm a bit surprised my GP prescribed it so quickly. (Wish I'd had it before I retired!).


Interestingly it's also used for OCD (I've never been diagnosed but I definitely have it!) and I think that has had far greater impact on my daily activities - both at home and work.

Comms69

Genuineguy03 wrote: »

Mental health - Anxiety, likely depression too. He/she's prescribed medication for it by their doctor - therefore has been diagnosed. So his mental health is the comptibutory factor to Hus drinking, there's probably an underlying cause to his mental health issues such as something in his/her past.

Mental health isn't a protected characteristic though.

Comms69

Genuineguy03 wrote: »

Xxxmessupxxx

Thanks, I total agree with what you posted.

And maxman, forgot to mention in my last post. But you do have a protected characteristics too, it would seem from what you said.

EVERYONE has protected characteristics...

Manxman_in_exile

Genuineguy03 wrote: »

@ds383

Your more than welcome. I wish your circumstances had been different as then could have done more for you, but unfortunately they weren't so there was nothing that could be done. But as, others have said, treat it as a blessing in disguise and focus now on combatting your anxiety/depression and drinking in order to get better. And don't be afraid to ask for help in future, there's no shame in it. And as you can see here, there's others that are suffering from one thing or another all around you, even people you know personally have had some form of mental health issues at some point in there life's. Your more normal than you think.

I use mindfulness excersises and even have positive/inspiring quotes on bathroom/bedroom mirror, to remind myself to think positively every morning. Hell I even have a load printed on A4 printer in one corner of my living room above the television. I call I it my possy (for positivity) corner. So if I ever feel negativity creeping into my mind, I can see those positive notes and give myself a kick up the rear. And it works. Might work for you too.

I agree. It is far more important to sort out the alcohol/depression/anxiety problems than worry about losing a job. OP may not agree at the moment but it's true. I'm not sure if OP has admitted their drink problem to their GP but they must do so. (As you say, there should be no shame in it - though perhaps easier said than done. It can be daunting). OP also needs to ensure their GP carries out appropriate tests - blood tests (liver and kidney function at least), abdominal ultrasound, and referral for a fibroscan (which tests your liver for scarring and has replaced the old hit and miss needle biopsy).


Mindfulness and "positivity" are two of the several coping strategies that CGL advocate. People who "want" (as opposed to "need") to change find them very helpful and successful.


OP - you are young enough to change your life around. You may still be physically OK, but it will catch up with you. Keep with CGL and agree a planned safe reduction re alcohol. It's a more dangerous drug than heavy smoking.


Thread's gone a bit off topic but hopefully people find it helpful. Maybe it would be more beneficial to continue this discussion on the "Health..." board.

Genuineguy03

Comms69

Mental health/illness is a protectioned characteristic, if it effects your day to day activities. If you disagree, then provide evidence that would dispute what I have stated.

Maxman

I know where your coming from, a lot of people don't feel there mental illness or disability would be protected, whether its because they feel the effect on their daily lives is a big deal (where's may think it is) or they not ready to accept they are I'll just yet. Either way it doesn't change the fact their condition is protected under law.

Even say a short term disability or mental illness is protected, if it effects there day to day activities. For example, broken hip in need of replacement, can take months or as much as 2 years to fully recover there mobility from, say could be said about broken leg, 10-12 weeks to recover, but doesn't mean they can work in certain types of employment with some reasonable adjustments even if means giving them a desk job. Same if its depression from grieve of losing a loved one, bereavement period is always long enough, and if said depression effected there day to day activities their protected though usually recover fully after a few months.

And I think the problem with some here is they are reflecting on their own issues or past issues, don't necessary recognise they may have been protected characteristics, and therefore advising to others with similar issues that they are not protected characteristics. When really the advise should be according to law, not personal opinion. There was one thread where some one said IBS wasn't a protected characteristic - it is. and another where chronic pain wasn't a protected characteristic - when it is. Though in both cases it depends on if the conditions adversely effect the sufferers day to day activities compared to if they weren't sufferring from the conditions.

Comms69

Genuineguy03 wrote: »

Comms69

Mental health/illness is a protectioned characteristic, if it effects your day to day activities. If you disagree, then provide evidence that would dispute what I have stated.


actually it's you that needs to provide evidence. There's 9 protected characteristics:
age
disability
gender reassignment
marriage or civil partnership (in employment only)
pregnancy and maternity
race
religion or belief
sex
sexual orientation




Maxman

I know where your coming from, a lot of people don't feel there mental illness or disability would be protected, whether its because they feel the effect on their daily lives is a big deal (where's may think it is) or they not ready to accept they are I'll just yet. Either way it doesn't change the fact their condition is protected under law.

Even say a short term - totally wrong! disability or mental illness is protected, if it effects there day to day activities. For example, broken hip in need of replacement, can take months or as much as 2 years to fully recover there mobility from, say could be said about broken leg, 10-12 weeks to recover, but doesn't mean they can work in certain types of employment with some reasonable adjustments even if means giving them a desk job. Same if its depression from grieve of losing a loved one, bereavement period is always long enough, and if said depression effected there day to day activities their protected though usually recover fully after a few months.

And I think the problem with some here is they are reflecting on their own issues or past issues, don't necessary recognise they may have been protected characteristics, and therefore advising to others with similar issues that they are not protected characteristics. When really the advise should be according to law, not personal opinion. There was one thread where some one said IBS wasn't a protected characteristic - it is. and another where chronic pain wasn't a protected characteristic - when it is. Though in both cases it depends on if the conditions adversely effect the sufferers day to day activities compared to if they weren't sufferring from the conditions.

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.



What ‘substantial’ and ‘long-term’ mean

• ‘substantial’ is more than minor or trivial, eg it takes much longer than it usually would to complete a daily task like getting dressed
• ‘long-term’ means 12 months or more, eg a breathing condition that develops as a result of a lung infection
  

Genuineguy03

@comms

I think you'll find you can't sack someone for having to spend ten - 12 weeks recovering from a broken leg. Nor can you treat any time off recovering as an absense. You'll likely find their protected under other legislation and even employers own policies. Same for any short time illness or disability.

As for the example off depression caused by love of a loved one, where it could be months before they return to work. Well you take into account that treatment is likely ongoing for a longer period and that they were signed off by a GP and therefore advised refrain from work. So the Raynor v turning point case law applies and therefore they be protected.

If fact the Raynor v turning case law would likely apply to the broken leg example if signed off by a GP and/or if they suffer other issues, related to the initial injury, that would require long term treatment, such as chronic pain arthritis etc.

Its not just as simple as what is written in black and white, and cut and pasted here.

I know what you referred to what I stated about short term, and I probably should have been clearer in regards to possible on going treatment. But then I'd expect other with experience here to know depression doesn't go away over night and that a broken leg can result in other conditions long term conditions as a direct consequence. I also probably should gave mentioned the Raynor case to start with.