Breakdown at work - facing disciplinary action

tokyogoldfish

Hi, 

I was wondering if anyone’s got any advice on where I stand, as I’m currently facing disciplinary action for having had a breakdown at work. 

Basically, while representing the company at an event, my mental health took a turn, and I ended up breaking down, which ultimately involved swearing at a colleague, then leaving the event, expressing suicidal ideation to my manager and just basically losing it completely/becoming hysterical. 

Which I do hold my hands up and accept that it’s unacceptable behaviour - but you don’t typically plan a breakdown in advance. They happen when they happen, and this was unforseen. 

But my question is whether I can actually be fired for gross misconduct as a result of it? I’ve been at the company for a year, so I know my options are limited if it goes that far, but since the breakdown directly correlates to a pre-existing mental health condition, it feels like I’m being punished for an action arising from a disability.

Up until now, I’ve had no complaints. I’ve always done my work to a satisfactory level (albeit, home working) so the only time something like this has happened was while at a stressful in person event. 

And honestly, the not knowing right now is making things feel 1001 times worse. I can’t afford to lose this job. So tldr; I just wondered if I have any recourse to claim mitigating circumstances for the behaviour, since it relates to a disability, or if I’m stuffed.

Any advice, would be really appreciated, please. 

Bradden

Is your employer aware of your disability?  If they are then I would expect them to be supportive - however the other issue in my mind is whether these events are part of your regular work? If you are regularly representing them at public events but are unable to do so so in the future it may complicate the issue. The employer has a duty of care and may need to look at changing your job role.

From an employer's perspective if they were not aware of your disability before the incident they may interpret this as an employee playing the "mental health card" to excuse inappropriate behavior. I've had a member of staff facing disciplinary after threatening a collegue use mental health in mitigation... after having an argument the night before with their girlfiend

Obviously this isn't the case here.. hoping you have a medical diagnosis and have informed your employer - in which case I'd hope that they would be understanding after putting you in this position.

Undervalued

tokyogoldfish said:

Hi, 

I was wondering if anyone’s got any advice on where I stand, as I’m currently facing disciplinary action for having had a breakdown at work. 

Basically, while representing the company at an event, my mental health took a turn, and I ended up breaking down, which ultimately involved swearing at a colleague, then leaving the event, expressing suicidal ideation to my manager and just basically losing it completely/becoming hysterical. 

Which I do hold my hands up and accept that it’s unacceptable behaviour - but you don’t typically plan a breakdown in advance. They happen when they happen, and this was unforseen. 

But my question is whether I can actually be fired for gross misconduct as a result of it? I’ve been at the company for a year, so I know my options are limited if it goes that far, but since the breakdown directly correlates to a pre-existing mental health condition, it feels like I’m being punished for an action arising from a disability.

Up until now, I’ve had no complaints. I’ve always done my work to a satisfactory level (albeit, home working) so the only time something like this has happened was while at a stressful in person event. 

And honestly, the not knowing right now is making things feel 1001 times worse. I can’t afford to lose this job. So tldr; I just wondered if I have any recourse to claim mitigating circumstances for the behaviour, since it relates to a disability, or if I’m stuffed.

Any advice, would be really appreciated, please. 

Whilst a significant mental health issue can amount to a disability, for employment law purposes, it is not automatic by any means. In any case the employer would need to have been formally made aware of the condition, unless it was so obvious that a non medical person should have been aware.

Unless the above tests are met then, sadly, with less than two years service the employer could simply dispense with your services. That is not to say they will, the fact that they are holding a formal hearing is perhaps a good sign as they could simply have dismissed.

All you can do if put you hand up, apologise and present as much relevant mitigation as you can.

TELLIT01

First step is to get an urgent appointment with your GP.  If you had a breakdown to the level described, rather than just 'losing your rag' momentarily due to frustration, you need to look for help now.  Don't wait for it to possibly happen again.

Marcon

tokyogoldfish said:

Hi, 

I was wondering if anyone’s got any advice on where I stand, as I’m currently facing disciplinary action for having had a breakdown at work. 

Basically, while representing the company at an event, my mental health took a turn, and I ended up breaking down, which ultimately involved swearing at a colleague, then leaving the event, expressing suicidal ideation to my manager and just basically losing it completely/becoming hysterical. 

Which I do hold my hands up and accept that it’s unacceptable behaviour - but you don’t typically plan a breakdown in advance. They happen when they happen, and this was unforseen. 

But my question is whether I can actually be fired for gross misconduct as a result of it? I’ve been at the company for a year, so I know my options are limited if it goes that far, but since the breakdown directly correlates to a pre-existing mental health condition, it feels like I’m being punished for an action arising from a disability.

Up until now, I’ve had no complaints. I’ve always done my work to a satisfactory level (albeit, home working) so the only time something like this has happened was while at a stressful in person event. 

And honestly, the not knowing right now is making things feel 1001 times worse. I can’t afford to lose this job. So tldr; I just wondered if I have any recourse to claim mitigating circumstances for the behaviour, since it relates to a disability, or if I’m stuffed.

Any advice, would be really appreciated, please. 

There's not enough detail for anyone to comment with any authority or certainty, but the crumb of comfort which does jump out from your post is that you appear to have been fine (or at least coped) while WFH. If your job doesn't require you to attend events, or can be restructured in a way which means you can avoid them entirely (and thus ensure there is no repetition of what was, quite frankly, appalling publicity for your employer, as well as ghastly for you), then that might be something you could propose.

You say you are facing displinary action and 'feel you are being punished' but what else could your employer possibly do given the way in which you behaved? They haven't sacked you; they are investigating what happened and why.

Simply apologising and promising not to do it again, while simultaneously claiming you have a disability which underlies the behaviour (i.e. 'it could happen again and it's not under my control'), isn't going to cut it. No sane employer would take the risk.

MalMonroe

tokyogoldfish said:

Hi, 

I was wondering if anyone’s got any advice on where I stand, as I’m currently facing disciplinary action for having had a breakdown at work. 

Basically, while representing the company at an event, my mental health took a turn, and I ended up breaking down, which ultimately involved swearing at a colleague, then leaving the event, expressing suicidal ideation to my manager and just basically losing it completely/becoming hysterical. 

Which I do hold my hands up and accept that it’s unacceptable behaviour - but you don’t typically plan a breakdown in advance. They happen when they happen, and this was unforseen. 

But my question is whether I can actually be fired for gross misconduct as a result of it? I’ve been at the company for a year, so I know my options are limited if it goes that far, but since the breakdown directly correlates to a pre-existing mental health condition, it feels like I’m being punished for an action arising from a disability.

Up until now, I’ve had no complaints. I’ve always done my work to a satisfactory level (albeit, home working) so the only time something like this has happened was while at a stressful in person event. 

And honestly, the not knowing right now is making things feel 1001 times worse. I can’t afford to lose this job. So tldr; I just wondered if I have any recourse to claim mitigating circumstances for the behaviour, since it relates to a disability, or if I’m stuffed.

Any advice, would be really appreciated, please. 

Hi, I'm assuming that you're not actually working at the moment because of being ill?  You said "the breakdown directly correlates to a pre-existing mental health condition" - but has that actually been confirmed by any specialist or doctor?

I'm asking because I suffered a terrible breakdown at work several years ago, it was unexpected and sudden, as was yours. I left that job on that day and never returned. My job was busy, stressful and quite high-powered and my home life was also very stressful at the time and to my utter horror, I just had a complete meltdown. Didn't swear at anyone but said I needed to leave immediately and was allowed to do so.

Next day I went to see my GP who was very supportive.

The thing with breakdowns is that they are unpredictable, even if you have an underlying illness or condition. There's absolutely no way you could have prepared for it and it may be that the two things are not connected. 

If you haven't already, I would definitely see your GP and explain the whole thing, including the fact that you're waiting to be summoned for a meeting with your employer to discuss your future working situation. You do need support. 

I would also contact acas - https://www.acas.org.uk/contact

and have a read of acas information here - https://www.acas.org.uk/supporting-mental-health-workplace

Employers who discriminate against those who suffer from mental illness can find themselves in hot water, so I'm glad that your employer is taking the matter seriously because that's to your advantage. They can still be taken to Tribunal for discrimination, no matter how long someone has been an employee. In fact, some employers can be taken to Tribunal as early as the recruitment stage - so before any potential employee has even had any opportunity to be appointed (I did that myself in the past and I didn't lose).

acas will be able to advise you further though and sadly they don't always get a good press on this site but I found them to be extremely helpful and knowledgeable when I needed their help.

Savvy_Sue

If you're a union member, they'd be more use than ACAS.

Own_Worst_Enermy

I'm sorry after nearly 5 years working for IHG / Yes, Holiday Inn yes, they can be horrid. I worked for the nationals never single francished Holiday Inn so it was low wages and fake smiles all the way through the 2008 crash.

I have protection for employment through basic home insurance premiums paid through the bank. In my latest industry the parcel one the industry is present more so than hospitability industry of 2001. cannot think why.

I'm sorry but after over 4 years' service to one and the same hotel, hospitality action (a hospitality charity) arranged the help I needed at the time.

elsien

Own_Worst_Enermy said:

I'm sorry after nearly 5 years working for IHG / Yes, Holiday Inn yes, they can be horrid. I worked for the nationals never single francished Holiday Inn so it was low wages and fake smiles all the way through the 2008 crash.

I have protection for employment through basic home insurance premiums paid through the bank. In my latest industry the parcel one the industry is present more so than hospitability industry of 2001. cannot think why.

I'm sorry but after over 4 years' service to one and the same hotel, hospitality action (a hospitality charity) arranged the help I needed at the time.

I don’t think the OP mentioned Holiday Inn or hospitality did they? 

Undervalued

MalMonroe said:

tokyogoldfish said:

Hi, 

I was wondering if anyone’s got any advice on where I stand, as I’m currently facing disciplinary action for having had a breakdown at work. 

Basically, while representing the company at an event, my mental health took a turn, and I ended up breaking down, which ultimately involved swearing at a colleague, then leaving the event, expressing suicidal ideation to my manager and just basically losing it completely/becoming hysterical. 

Which I do hold my hands up and accept that it’s unacceptable behaviour - but you don’t typically plan a breakdown in advance. They happen when they happen, and this was unforseen. 

But my question is whether I can actually be fired for gross misconduct as a result of it? I’ve been at the company for a year, so I know my options are limited if it goes that far, but since the breakdown directly correlates to a pre-existing mental health condition, it feels like I’m being punished for an action arising from a disability.

Up until now, I’ve had no complaints. I’ve always done my work to a satisfactory level (albeit, home working) so the only time something like this has happened was while at a stressful in person event. 

And honestly, the not knowing right now is making things feel 1001 times worse. I can’t afford to lose this job. So tldr; I just wondered if I have any recourse to claim mitigating circumstances for the behaviour, since it relates to a disability, or if I’m stuffed.

Any advice, would be really appreciated, please. 

Hi, I'm assuming that you're not actually working at the moment because of being ill?  You said "the breakdown directly correlates to a pre-existing mental health condition" - but has that actually been confirmed by any specialist or doctor?

I'm asking because I suffered a terrible breakdown at work several years ago, it was unexpected and sudden, as was yours. I left that job on that day and never returned. My job was busy, stressful and quite high-powered and my home life was also very stressful at the time and to my utter horror, I just had a complete meltdown. Didn't swear at anyone but said I needed to leave immediately and was allowed to do so.

Next day I went to see my GP who was very supportive.

The thing with breakdowns is that they are unpredictable, even if you have an underlying illness or condition. There's absolutely no way you could have prepared for it and it may be that the two things are not connected. 

If you haven't already, I would definitely see your GP and explain the whole thing, including the fact that you're waiting to be summoned for a meeting with your employer to discuss your future working situation. You do need support. 

I would also contact acas - https://www.acas.org.uk/contact

and have a read of acas information here - https://www.acas.org.uk/supporting-mental-health-workplace

Employers who discriminate against those who suffer from mental illness can find themselves in hot water, so I'm glad that your employer is taking the matter seriously because that's to your advantage. They can still be taken to Tribunal for discrimination, no matter how long someone has been an employee. In fact, some employers can be taken to Tribunal as early as the recruitment stage - so before any potential employee has even had any opportunity to be appointed (I did that myself in the past and I didn't lose).

acas will be able to advise you further though and sadly they don't always get a good press on this site but I found them to be extremely helpful and knowledgeable when I needed their help.

As has been explained repeatedly to you, that is only true if the MH condition amounts to a disability and the employer was made aware of the condition (or should reasonably have been aware). It is not automatic by any means.

Even then the employer only has to make reasonable adjustments. It does not, by any means, give the employee complete protection against dismissal in all circumstances.

prowla

Spare a thought for the people at work too, wondering when the next incident will happen.

I had a job where there was someone like that and I was the one on the receiving end on several occasions; the company had supported the person since before I joined and there was no sign of any intent to change things (in fact the person told a colleague that they could do whatever they liked).

Whilst I appreciate that they had/have issues, it was not my duty to be on the receiving end and I never felt comfortable there, nor any allegiance to the company.

Whilst there is a for compassion, the company has a duty to its other employees too.