Returning from sick leave my job has gone...PLEASE HELP

[BelleBoo]

Hi, I hope you can help, I'm not sure what to do.

I have been off sick due to stress & clinical depression (diagnosed as Bi-Polar) for 18 months and I am much better now and am in the process of returning to work. On the surface my company has been very supportive of this return but I have now discovered that during my absence they have given my job to someone who used to work for me!

They are now talking about alternative roles as if this doesnt matter and is if they think this is whats best for me. I wasn't consulted and I kind of found out by accident.

Please can someone tell me what my options are. I just want to stay well and avoid stress etc but I do feel agrieved by this. I also don't want to be out of pocket or benefits in any way at all. I was earning a very good wage before I fell ill.

Your help is much appreciated.

Regards, Belle

[Weird Al Yankovic]

Well for a start you are now considered disabled so your employer needs to recognise this in their treatment of you.

Did work cause your condition?

Is your new position a demotion?

Have you a cut in pay?

What is the nature of your job?

Length of employment?

And they should have consulted with you too.

[BelleBoo]

Hi and thanks for the reply. Your first comment is interesting, I'm not sure I would consider myself as disabled. I guess you mean from the point of view that my illness needs to be managed to not make it worse in future.?

In relation to your other questions, work was a contributory factor but certainly not the only cause. Also its not possible with many mental health problems to identify the absolute 'cause', just circumstances that can make matters worse.

My new role is not really confirmed as yet but I suspect it ill be very different from the old one. Is it a demotion? I guess that is quite subjective depending on your view of things but in the context of the role and the company, yes probably.

As for salary, again nothing confirmed as yet. This is one of my main questions. Can I ask that I am no worse off in terms of basic and bonuses than in my old role. Can I insist on this?

I have been in continuous employment for 5 years.

When you ask about what was the nature of the job can you be more specific?

So on the basis that they didn't consult with me and the info above, what can should I do. Obviously before I discuss this with them formally I would like to have an idea about where I stand.

Your input is appreciated. Thanks

[Batfink]

First of all, welcome to the bipolar club

Are you a member of the MDF (Bipolar organisation)?- they're a fab charity (I think) that help those of us with BP. The website is at MDF > Home . Membership is about £20 a year (less if you're unwaged) and gives you access to a really good employment law helpline. The forum on the website is really helpful too.

And yes, you are considered as disabled under the terms of the Disability Discrimination Act and therefore your employer needs to tread very carefully in terms of what they do and how they treat you...The Disability Rights Commission is another good place to look for assistance.

Hope that everything goes OK for you. I've been diagnosed now for five years (?) and have been in full time employment since. I'm now in a supervisory role with a very supportive employer - so it can be done!