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employment rights and newly employed staff

Kitten13 Avatar
8y, 8m agoPosted 8 years, 8 months ago
I need some advice, does any body know if being dissmissed due to depression, comes under the mental health act?

any advice on this topic will be greatfully recieved
Kitten13 Avatar
8y, 8m agoPosted 8 years, 8 months ago
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#1
Depends on the depression I guess
#2
http://www.opsi.gov.uk/acts/acts2007/ukpga_20070012_en_1

if you feel like reading through 23 pages
#3
FFS! She's depressed - don't be so horrible! :)
You need to have been given notice and it really depends on the individual circumstances. There has to be a way for companies to dismiss employees that are unable to work as the responsiblity for welfare is not with the employers, it's with the state. Depression is not a simple illness, it's not like having a broken leg, you can't dismiss somebody for that! You could be depressed following a tragic event and back to work quite quickly or you could be signed off for 10 years - speak to the CAB, your employers or doctor. Laws change all the time.
Get well soon :)
#4
I'm not being horrible. I'm saying that depression comes in many different forms and comes with many different things such as being suicidal which would then lead to the mental health act
#5
basicaly i was employed by a high street bank, I was told to have a week off by my doctor who gave me a sicknote, due to the fact i was very close to the edge.

I come back into work, and less than a week later I am suspended due to having an unsatisfactory reference, a refrence that they had, had for well over a month. so plenty of time to decide it was unsatisfactory.

I have an appeal for this decision next week, and need some evidence to prooce this is unfair dissmissal, and to try and proove i was gotten rid of for the wrong reasons
#6
I might be wrong but im sure if there is nothing the company can do for you to help and you are unable to fullfill your job role then they are in there rights to dismiss. But this is always one of those touchy subjects and every company has their own take on it.
#7
Depression comes under the disability discrimination act. Get them to contact the disability employment adviser at the local jobcentre plus they can help them retain thier job.
Also contact citizen advice they can help too.
#8
Just seen you reply, so are you saying you have only recently joined the company then?
#9
I was working for them from the begining of January, got offerd the job in november, but they only had a start date of jan. so plenty of time to sort out my references.
#10
Not unless the work itself caused such stress that you became depressed.

Then you WOULD have grounds to sue for unfair dismissal. Especially if others had suffered the same and left or were fired and as long as they are prepared to stand up and be counted.
#11
No way should you be sacked due to having depression or any illness unless the employer can prove it makes you unable to do your job :)
#12
advice to all, dont work for banks, they cause stress, make loads of money, sadly not reflected in staff wages.
#13
Sorry if I sounded negative towards your problem, I only ask about the start time as I know some companies have a grace period where if an employee is not what they wanted they could be dismissed, I know my company does.

Good luck with your fight though and try keep your chin up.
[helper]#14
Kitten - I'm afraid this has little to do with the mental health act. You should change the title of the thread to maybe something like "employment rights and newly employed staff". This will hopefully attract the attention of someone who knows about employment law and more accurate advice.
Cheers
Gari
#15
If they have an unsatisfactory reference then they will say it is that and nothing to do with the depression. You cant be sacked for having time off supported by a doctors note as far as i know. Unless the company states something inefficiency due to absence through sickness. It will be your word against theirs.
As for unsatisfactory references - I was under the impression that employers arent allowed to give 'bad' references. Not that I think that is right and fair as I certainly wouldnt want to employ someone who has worked 'badly' at a previous company without knowing the facts and making my own mind up
#16
May I ask, have they specified what was unsatisfactory about your references?
Does your original offer of employment state that it is subject to satisfactory references?
Have you kept all the necessary correspondence?
The advice to speak to Citizens Advice Bureau is the best.
Having been diagnosed with depression in the past I know how little of what people say can help, however, I wish you well.
#17
i didn't work badly for previosu emplyers, i went out of my way to help people. i haven't seen a copy of the reference, even though i got permission to get a copy of it, but the bank wont forward it on to me. how can i defend myself if i dont know what has been said? how is it fair.

I was working my way through deporession, and all of this has got me even closer to having a nervous break down. I hate the person all of this is making me become.
#18
thank you all for your responses, i will leave rep for you when i get home later
#19
Kitten13
I was working for them from the begining of January, got offerd the job in november, but they only had a start date of jan. so plenty of time to sort out my references.

Yep, know someone who had exactly the same done to them by a high street bank. She tried to hold on to the job - union involvement etc but the references thing is the one that can't be fought and they kept moving the goal-posts - this ref is now fine but you need 2 more and so on. Lost her job in the end, although an excellent and competent worker - got a couple of weeks suspended on full pay then out. Hope you have better luck but if they've gone the refences route you'll have to have a brilliant union official on your side. Sorry.
Oh - nothing at all to do with depression but the system works the same.
#20
not got union, bank wont accept them until u have worked for bank for a few months, got hawkio coming with me on tuesday, if need be i will contact the solisitors we have in the family, think one of them deals with employment law.

I feel as though the refrences thing is a cover up, just need to find a way to proove it
#21
kitten - i would fight this - just because you only started in jan doesnt mean that they can sack you - ok i know there is 3 month trial period etc - but because you were under your doctor - things change - companies cannot sack you under these circumstances - contact your local women and work group
#22
In all fairness, you would be wasting your time fighting this, and it will only cause you even more stress. You cannot win against a reference disissal withing the 3 month period. They do not have to give any other reason. A lot of good people have lost out in this way but I'm afraid its a fact of life. Save yourself the heartache and let it go.
#23
Kitten13;1750575
advice to all, dont work for banks, they cause stress, make loads of money, sadly not reflected in staff wages.

Do you really want to fight to retain your job if you find that job so unsatisfactory?
Does your job contract state you have a three/six month probationary period?
#24
I suggest contacting MIND - http://www.mind.org.uk/Mind+in+your+area/

They can help fight your case

Not sure how helpful your local one is, but know that mine is brilliant, really supportive and used to these sort of situations so know how to handle them and who to contact.
#25
The citizens advice people could maybe provide a solicitor if you contact them.
I think you should fight this otherwise you may find it difficult to get another job.
GOOD LUCK and remember that you have many friends here that wish you well.
Let us know what happens. :)
#26
Hi

Your employment can be terminated under the grounds of capabilities. I know this from personal experience as I was run over by a forklift and as a result lost my leg. Companies are very careful today as they cannot be seen to be discriminating against people with "disabilities". My advice would be to get a copy of the reference either from the bank or the person who wrote it. Would you really want to work for a company who shows very little compassion? I know I don't.

Good Luck :thumbsup:
#27
If you have been dismissed within one year of being employed then they can get rid of you without reason.
Try ACAS Helpline 08457 474747
#28
I know some of you feel its a waste of time her fighting it etc etc but even after all this stress etc, she wins or even doesnt win then they proceed to do the same with someone else, word gets round what place it will be to work for, IF someone (in the future) goes as far as someone complaining, someone who deals with tribunals etc may actually realise there is more behind the place and starting letting staff members win their cases against that bank.
#29
i'm sorry but the bank didn't dismiss you because of depression and maybe you shouldnt accuse them of it either
#30
jasonrat
i'm sorry but the bank didn't dismiss you because of depression and maybe you shouldnt accuse them of it either


it's just funny the way they had, had all of my refrences for weeks, and the week i come back after the sick note, I get suspended, and then fired.

A hell of alot of people I know, agree that this was the case. And if I dont fight, then this is going to keep on happening to other people. If people lay down and take it, then things never change. If I don't fight this, then I am going to struggle to get another job, as they will say on each and every reference that is requested, that I was dissmissed due to an unsatisfactory reference. How is that going to look to future employers?
1 Like #31
jasonrat
i'm sorry but the bank didn't dismiss you because of depression and maybe you shouldnt accuse them of it either


Kitten13
it's just funny the way they had, had all of my refrences for weeks, and the week i come back after the sick note, I get suspended, and then fired.

A hell of alot of people I know, agree that this was the case. And if I dont fight, then this is going to keep on happening to other people. If people lay down and take it, then things never change. If I don't fight this, then I am going to struggle to get another job, as they will say on each and every reference that is requested, that I was dissmissed due to an unsatisfactory reference. How is that going to look to future employers?



Fight it I'm a mental health nurse and this Shouldn't be allowed in this day and age (although some still live in the dark ages). However don't go in accussing them of dissmissing you for that reason press the refrence reason first then accuse them xx
#32
How did the appeal go?????
#33
I would fight it 100% if I were you but let me give you a word of warning.

Be careful when airing private grievances on a public internet forum.

You never know who could be reading your posts. As you have also supplied your picture in your avatar it makes it easier for people to identify you, if the need arises.

For all you know the bank manager, or another member of staff from the bank could be a prominent poster or a member of these forums.

Even if they are not members, this forum is accessible to anyone who wants to read it without having to register. Just be very careful when making accusations that may come back to haunt you at a later time.

:thumbsup:
#34
Look at it from an employers point of view maybe....if id just hired someone and before i know it they are banging in full weeks sick notes id be doing the same thing!!! You were not dismissed for depression, simply for taking sick leave and possibly looking unfit for the role ahead!! Oh , and you dont HAVE to take sick leave just cos the doc says so!!! And from my experience of knowing a person who suffered from manic depression, the doc always told them to try and keep busy and GOTO work!

Also you simply cant prove that the reference WASNT un-satisfactory to THEM

Imo this will cause you months of hassle (and money if youre talking about solicitors) and you will NOT win against a reference excuse, they are covered on it trust me, sorry.
1 Like #35
kungfu
Oh , and you dont HAVE to take sick leave just cos the doc says so!!! And from my experience of knowing a person who suffered from manic depression, the doc always told them to try and keep busy and GOTO work!


WRONG! - If a doctor certifies you unfit to work - you should not work, legally should you be signed off for a month and return to work earlier, you are in fact breaking employment law and invalidating your employers insurance, the only way to circumvent this is to get signed back on...

Long term depression is covered by the Disability Discrimination Act however it would be your employers duty to prove that the depression was not long term, as previous posts have stated your contract may well have a probationary period that could invalidate such a claim but in my professional experience they're on dodgy ground - there are two things that will decide the overall outcome.

1) How well prepared you are and how clued up on the subject you are, most employers will think nothing of quoting various employment acts and clauses of contract without actually understanding them, i'm going to hazard a guess that your discaplinary hearing will not be attended by a company solictior but rather a Manager (or sorts) that's spent the 15 minutes beforehand cramming on the clauses in your contract without giving any thought the the DDA of the Employment Act.

2) How far do you want to take it and is it worth it for a job that's making you unwell?

Be prepared... hope you get what you're looking for...
#36
kungfu
Look at it from an employers point of view maybe....if id just hired someone and before i know it they are banging in full weeks sick notes id be doing the same thing!!! You were not dismissed for depression, simply for taking sick leave and possibly looking unfit for the role ahead!! Oh , and you dont HAVE to take sick leave just cos the doc says so!!! And from my experience of knowing a person who suffered from manic depression, the doc always told them to try and keep busy and GOTO work!

Also you simply cant prove that the reference WASNT un-satisfactory to THEM

Imo this will cause you months of hassle (and money if youre talking about solicitors) and you will NOT win against a reference excuse, they are covered on it trust me, sorry.


manic depression lol she's not suffering from manic deoression and that term hasn't been used for years its now bipolar

she has depression not a bipolar illness which stops you functioning which could happen to any of us at any time there is a big difference

so if you don't know what your talking about you are better keeping quiet as ignorant talk can be dangerous
and its now 2008 when mental health issues should not be stigmatised against :x
#37
kungfu
Look at it from an employers point of view maybe....if id just hired someone and before i know it they are banging in full weeks sick notes id be doing the same thing!!! You were not dismissed for depression, simply for taking sick leave and possibly looking unfit for the role ahead!! Oh , and you dont HAVE to take sick leave just cos the doc says so!!! And from my experience of knowing a person who suffered from manic depression, the doc always told them to try and keep busy and GOTO work!

Also you simply cant prove that the reference WASNT un-satisfactory to THEM

Imo this will cause you months of hassle (and money if youre talking about solicitors) and you will NOT win against a reference excuse, they are covered on it trust me, sorry.


ps I like to see someone with bipolar being advised to go to work when their having a manic episode :thinking:

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