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Jerusalem76

Suspension from work due to mental health reason

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I was on medical leave for 4 months, due to work-stress and depression and then I returned to work. My working environment didn't change for the better and workload increased even more. 3 months passed, and I couldn't handle it anymore. Unfortunatley, I was no longer eligible to take sick days when I returned to work. Therefore, I submitted a leave without pay to my boss, and while waiting for the approval, I was suspended from work with pay (leave with pay) instead of a medical leave, since my boss thought I was not 'fit' to work efficiently, due to my mental health reason.

A month later, HR sent me to their specialist to examine my health status, and his report concluded that I have a serious mental health issue and that he doesn't recommend that I return to work.

 

It looks like they are about to put a 'closure' of my case.

I've been sitting home and waiting for this for over 2 months.

At this point, can they fire me for poor work performance?

My employer has both short-term medical leave and long-term disability, however, I am not understanding why they 'suspended me' instead, when they already know this is a mental health issue.

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They are probably trying to cover their backsides in case they are held responsible for exacerbating your condition.

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Depending on the severity of your condition, your mental health problems could be classified as a disability. If so, then they should be attempting reasonable adjustments to allow you to return to work. If they just sack you without doing so then they are in breach of the disability discrimination act on the grounds of 'failure to make reasonable adjustments'.

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Thank you, Elenathion. Yes, my Union as well as my psychologist, all believed that I was going to be sent to a disability. The specialist from HR clearly wrote that I have a severe personality disorder, which hinders me from well performing my job. He recommended that I continue my psychotherapy on a regular base, and also I take a personality testing which will confirm officially the illness I have. He diagnosed me that I didn't meet the minimum score to be considered 'functional'.

I'm expected to receive a letter from the HR, with their final decision this week. I am not looking forward to this. Sure, the Union will file a grievance for not accomodating my case and simply putting a closure to this case.

However, it will take 2-3 years before we go to the arbitration and settle this case.

I was so naive I believed this all along, that they were trying to accomodate my disability. I'm really devastated at this.

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It won't take 2-3 years. If they dismiss you, file a grievance for failure to make reasonable adjustments. If this fails, consider going for an employment tribunal.

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Actually if they dismiss you, your grievance should be for failure to make reasonable adjustments and unfair dismissal as a result of that.

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