Disciplinary delayed by ill health

[Imploded13]

Hi,

Has anyone much experience of the process of disciplinaries delayed by ill health. I was suspended from work 4 months ago. Occupational Health got involved and I have been off since on full pay with severe anxiety and depression. My employers are covering themselves I guess. My GP has confirmed that I have been suffering from stress for at least the last 4 years, but I didn't address the situation [did not admit to not coping]. Having now received professional treatment its clear that I had been suffering from anxiety and stress for some time. The current delays are not helping my health. As I said my employers are probably just covering themselves but this cannot go on indefinitely. I guess I am too late to be covered under the DDA, given my employers will say diagnosis was post events, although my medical records will point to stress symptoms.

[chesham]

Not at all, there is no proof which can say that you were not suffering from stress before the period of which you have not been at work. In fact, stress is the diagnosis but you were clearly showing symptoms prior to this event. Therefore, it is irrelevant that you were diagnosed before or after this.

However, the reason why you were suspended is still there, irrespective of what ailments you had been suffering from, and what you are suffering for at the moment. Depending on the type of company you work for, they will either continue to suspend you or will eventually drop it.

The DDA will only cover you in regards to the employer not treating you unfairly or differently from an "able bodied" person, i.e. someone who does not suffer from a condition covered by the DDA. This piece of law, although very helpful, cannot be used as a defence in any disciplinary action unless you have evidence which shows the disciplinary has been brought about through their unfavourable treatment.

They will be reluctant to take any action if you are off with stress, but to them it could appear as a way to indefinitely put off things. However, depending on why you have been suspended, stress could be used as a mitigating factor as to why the event occurred (if applicable).

To sum up, being off sick (genuine or otherwise) will not negate any disciplinary procedures which may be due to take place, but it could help to explain any circumstances or reasons as to why it took place in the first place.

[Imploded13]

Thanks, I have done wrong. I am under the care of a clinical psychologist and a consultant psychiatrist and therefore my illness is clinically certified and genuine. I do have a Union Representative, who I think should be speaking to the Unions lawyers for opinion as to how to handle this going forward. In May I requested to attend a hearing however my medical team advised they would only consent when they genuinely believed I was ready given my mental state. My own lawyers have suggested a compromise agreement may be a possibility. Ultimately I have to accept my own personal failings contributed to this although irresponsible senior management only exacerbated the situation. One has since been removed from the organisation due to reputation as a seasonal bully, the other left on redundancy.

[Imploded13]

I attended a further Occupational Health [OH] medical yesterday. I'm still on a disciplinary but my Company will not contact me until they get the all clear from OH. I had someone accompany me yesterday given my psychological state.
It was clear I am still not fit to attend a hearing as the medical was halted when I had a panic attack. My friend took notes and has written to my medical team with his observations. I do have a Union Rep but he hasn't been proactive with seeking solutions with my Employers and may be he is out of his depth with this one. If my medical people confirm my mental health issues were pre existing and likley cause of misdemeanours, there may be a possibility that Ill Health Retirement may be considered. I am still diagnosed with severe anxiety and depression and on the maximum strengh of Citalopram - 60mg tablets.
I do not have the strength to sort this out on my own. I am also easily confused and incoherent. I accept my own personal failings of not seeking professional help at an early stage, but my employers are obviously concerned about my welfare given my illness is genuine and continue to offer me support. I'm not sure how this is going to be resolved. I have been off work over 6 months now. It's a shame my employers didn't show the same duty of care when I was actively at work.

Possible options

1) Hold a hearing without me being present and dismiss me.
2) Ill health retirement
3) They mark on a further period to support me [in the hope of getting me better] before continuing with the conduct process.

If anyone has any experience to share of such situations it would be good to hear from you. It cannot go on indefinitely.

[Imploded13]

My hearing has come through for next week even though Occupational Health advise I am not fit to attend but my employers are now proceeding in any event. My Union Rep called me today and my employers would accept my resignation prior to the hearing, however my reference would be "resigned pending disciplinary proceedings". Alternatively I will be dismissed for gross misconduct at the hearing. Not sure what option is better for getting future work as both references are negative. That said I am not fit for work at present. I was hoping for a bland reference merely confirming position and duration of employment. Also I would not be entitled to benefits should I resign. I may get incapacity benefit. Catch 22.

[gemspan]

Hello there

Im so sorry to hear that you have been so ill.

I thought the whole thing about having a hearing is that both sides are "heard". It seems to me that your employers have made up their mind about the outcome already!!! I am no expert but this doesnt seem right to me!!!

I hope somebody else will come along that is more experienced in these matters. I wish you the best of luck anyway and hope you get better soon.

Kind regards
Gemspan

[Imploded13]

Basically representation can be made in writing. I just need closure now and will speak to an Employment Lawyer on Wednesday. I guess they want me to resign so avoiding the cost of holding a hearing!