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Can I be sacked for having anxiety and depression?


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I have a sick note saying from the drs that I have anxiety and depression and am I'm in quite a bad way tbh. I feel quite unwell but my manager is being awful about it and says she will sack me.

 

Now I've been looking online if I have any rights and read this...

 

 

I’ve had to take time off work due to mental illness, can I be fired? Or not paid?

No. It’s illegal for your employer to not pay you, or fire you, if you’ve had to take time off. Make sure you read your company’s sickness policy, as what you’re entitled to differs from company to company.

 

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Source: http://www.thesite.org/work-and-study/workers-rights-and-pay/mental-health-at-work-1359.html

 

So can I take her to court if i get sacked?! Where do i stand?

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

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longer term, if you are unable to fulfil the terms of your contract, you can be let go

 

how long have you worked there?

how long will your absence last do you think?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I think you can go to a tribunal. Do you have a contract of employment.

 

Not everyone is entitled to go to tribunal. It depends on the job and if reasonable adjustments could be made or not.

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I work in a school as a cleaner (part time) and my manager has been keeping me on by the looks of things. Yes I do have a contract I have worked there for 14 months now and been off ill for 6 months. She is still keeping me on by the looks of things as I am keeping her informed by phone call every 2 weeks on a Monday.

 

I should be going back at the end of April.

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

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the first thing is you are under 2years so they could say this is not working also have you thought you might be in the wrong job , i know you have been signed off by the drs but 6 months out of 14 month working there you have been off sick it does seem to be rather high without judging

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I work in a school as a cleaner (part time) and my manager has been keeping me on by the looks of things. Yes I do have a contract I have worked there for 14 months now and been off ill for 6 months. She is still keeping me on by the looks of things as I am keeping her informed by phone call every 2 weeks on a Monday.

 

I should be going back at the end of April.

 

In general, you can be dismissed without any recourse without a reason, if you have under 2 years service.

The exception is if the dismissal is based on a "protected characteristic" (such as gender, sexuality, or disability), where no minimum period applies.

 

On the face of it, your illness is likely to be classable as a disability, so protecting you from an unfair dismissal based on your disability, even with under 2 years service.

 

However, if after making any "reasonable adjustments" for your diasability, your employer still found you not capable of performing your job : you could be dismissed, and that wouldn't be unfair (or protected against on grounds of disability).

 

Off ill 6 months of only 14 months employment?

I suggest you should be looking for a new job (if any is more suitable to your condition), or a robust plan to get you well and back to work in your current post........

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if it can be said that you are unable to complete your job then I would of thought the employer would lay you off with notice due to your health problem being a priority, no company will allow others to flog themselves to cover for long periods, or say pay you and then pay somebody else as well to do your job?? common sense must prevail! this is a real world, unfortunately people are taken ill but sick pay on last short time, and medical notes looked at and decisions be made for the company to operate under contract! it is a real world.

:mad2::-x:jaw::sad:
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  • 2 weeks later...

You would think that but I have had no letters letting me go, emails, texts or even phone calls saying im no longer with them. So im at a loss. I do ask if im still with them and she just says yes so im confused.

 

Maybe she does want me back but when im well enough?:|

RLP are a con PLEASE DON'T PAY THEM TO DO MORE! IGNORE ALL LETTERS AND CALLS! :)

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Your employer should taek teh bull by the horns and either invite you to be assessed for your fitness to work or take the proper steps to dismiss you on capability grounds. As for not being pid, that will be down to your employment conditions but generally there is a qualifying period for receiving pay whilst absent due to illness. However, you will still be eligible to your holiday pay accrued during your period of employment.

If you didnt flag up a PERMANENT or long term illness or disability then they cant be held liable for failing to make adjustments for that disability.

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