Think I'm going to get sacked.

[cesare]

I'm trying to think how to phrase this post, how credible is, lets say, anxiety going to be as a disability. afair my company didn't discriminate against a sick note or not.

I've got my gmb statement somewhere I may have a look later on.

Disability is defined as a condition which adversely affects someone's ability to carry out day to day tasks + is going to last 12 months or longer. There are also other conditions which count from point of diagnosis e.g. cancer, MS, and HIV.

Anxiety is tricky. It depends on what is causing the anxiety and how the symptoms manifest.

 

[badco]

But if the person is sick because of something such as multiple sclerosis that could end up with a disability claim against the employer.

What are the chances of a company trying to dismiss a person because of time off ill in those circumstances inline with their contractual agreements at a hearing?

Sorry to the op for going slightly off topic, and appologies for the terminologyI've been on the whisky all aft

 

[badco]

Do you understand that^^^

 

[cesare]

What are the chances of a company trying to dismiss a person because of time off ill in those circumstances inline with their contractual agreements at a hearing?

Sorry to the op for going slightly off topic, and appologies for the terminologyI've been on the whisky all aft

To have any chance of fairly dismissing, the employer would have to get a medical report first. Then if it turns out that the employee is disabled for the purposes of the DDA they would need to make 'reasonable adjustments' e.g. working different hours, different location, perhaps different job.

Even if the employee turns out not to be disabled, the employer would still have to consider other alternatives before dismissing. Dismissing is a last resort. Of course, not disabled and less than 12 months service means that the employee doesn't have employment protection.

 

[cesare]

Do you understand that^^^

Yep no worries.

 

[badco]

If you tell them you were fired you could be deemed as making yourself out of work and not entitled to benefit.

Can anybody clear this up inline with op's question?

 

[Build_A_Fire]

Can anybody clear this up inline with op's question?

From what I've gathered in the past, resigning from a job is the only thing likely to affect a claim for jobseekers allowance (and even then I haven't heard of anyone being denied JSA on those grounds, but the possibility seems to be there).

Being sacked from a job would *not* hinder a claim for benefits.

 

[nick h.]

Goosegrease, have you actually got medical certificates from your GP for the periods when you've been off work? If not, how are you going to prove to your employer that you weren't just skiving? If you don't have certificates you could ask your GP for backdated ones. (So long as your GP is aware that you've been unwell.) Best to do it before you meet your manager.

If you are too ill to look after yourself properly - e.g. too depressed to go out and shop for food - you could apply for Disability Living Allowance on top of Employment and Support Allowance www.direct.gov.uk/en/DisabledPeople/FinancialSupport/DG_10011731

 

[badco]

Goosegrease, have you actually got medical certificates from your GP for the periods when you've been off work? If not, how are you going to prove to your employer that you weren't just skiving? If you don't have certificates you could ask your GP for backdated ones. (So long as your GP is aware that you've been unwell.) Best to do it before you meet your manager.

Don't forget you can self certificate for three days

 

[cesare]

Don't forget you can self certificate for three days

You self certify for 7 consecutive days - then it's medical cert.

 

[badco]

You self certify for 7 consecutive days - then it's medical cert.

That wouldn't look good in a tribunal though I imagine?

Also, is it possible for companies to have different policies, because I had always understood it was three days.

 

[goosegrease]

Thanks for the in put, everyone. I've been through the whole procedure of doctors cirts and the company's stage one, two and on friday three "absence management process". Also had an employers occupational health assesment. Friday will be the end of the line.
My worry is that when I go claim housing/council tax benefit etc they will say it's my own fault that I'm out of work and refuse, leaving me penniless and homeless. Is that a likely out come? Judging from what some of the previous posters have said then probably not.
I imagine I will be classed as fit for work, if in reality unemployable due to the circumstances surrounding my leaving the company.

 

[ada]

Like someone said earlier - your benefit claims are usually only affected if you resigned from your job. If you are fired / made redundant / etc. that has no effect, you can just make a normal claim.

 

[goosegrease]

Like someone said earlier - your benefit claims are usually only affected if you resigned from your job. If you are fired / made redundant / etc. that has no effect, you can just make a normal claim.

I do hope so, really. Thanks again, everyone the answers ive had have helped to put my mind at rest on this issue.

 

[cesare]

That wouldn't look good in a tribunal though I imagine?

Also, is it possible for companies to have different policies, because I had always understood it was three days.

Companies can have whatever policies/contractual terms they choose - but legislation over-rides when push comes to shove e.g. at Tribunals. SSP legislation is that you self certify for the first 7 consecutive days, then med cert from then on.

 

[cesare]

Thanks for the in put, everyone. I've been through the whole procedure of doctors cirts and the company's stage one, two and on friday three "absence management process". Also had an employers occupational health assesment. Friday will be the end of the line.
My worry is that when I go claim housing/council tax benefit etc they will say it's my own fault that I'm out of work and refuse, leaving me penniless and homeless. Is that a likely out come? Judging from what some of the previous posters have said then probably not.
I imagine I will be classed as fit for work, if in reality unemployable due to the circumstances surrounding my leaving the company.

Back to the beginning again, what are your mental health problems and what symptoms do you have?

 

[sim667]

yeah ive heard of cases like this........

i'd imagine they will offer you a package to go if its causing them lots of hassle.....

they cant just fire you on health grounds afaik....

 

[goosegrease]

Back to the beginning again, what are your mental health problems and what symptoms do you have?

Depression, basically. I get very anxious, cant sleep for weeks on end and if I'm not feeling too jumpy and nervous then my moods are very erratic and prone to irritation and out bursts of anger. Sometimes I just cant face the world, just have to sit at home with the phone turned off, door locked. I've been like this on and off for the past ten years or so.
I work in a customer service role so as you can imagine, this inhibits my ability to work in that role.
I've been taking all the right advise, avoid getting wrecked, exercise and try to keep in a routine although I have stopped taking meds because I dont like the side effects of any of them that I've tried.

 

[nick h.]

Sorry to hear about your depression. I've also had it for years. You'll have no problem getting ESA and Housing Benefit/Council Tax Benefit - it's just form-filling, and if you have med certs for depression that's all you need. Be prepared for your finances to be examined - 3 months bank statements, rent/mortgage info etc etc. After a few months you'll have a Pathways to Work interview. http://www.delni.gov.uk/index/findi...ff/fe-fs-help-to-find-employment/pathways.htm You might need to justify why you are not on medication. Best to keep your GP on side. Tell him/her as soon as you stop your meds. Try to appear cooperative. Ask about talking therapies, e.g. CBT, and a referral to a psychiatrist.

 

[cesare]

Depression, basically. I get very anxious, cant sleep for weeks on end and if I'm not feeling too jumpy and nervous then my moods are very erratic and prone to irritation and out bursts of anger. Sometimes I just cant face the world, just have to sit at home with the phone turned off, door locked. I've been like this on and off for the past ten years or so.
I work in a customer service role so as you can imagine, this inhibits my ability to work in that role.
I've been taking all the right advise, avoid getting wrecked, exercise and try to keep in a routine although I have stopped taking meds because I dont like the side effects of any of them that I've tried.

Well it's an ongoing medical condition that adversely affects your ability to carry out day to day tasks at times. I imagine that you've got a reasonable argument that you're disabled for the purposes of the DDA. Before your meeting, have a think about what reasonable adjustments your employer could make that might be able to accomodate your condition when it recurs. Try making a list e.g. the company paying for counselling, putting you on different duties when it recurs ... that sort of thing. If you don't ask, you don't get.

 

[cesare]

Some useful info here: http://www.direct.gov.uk/en/DisabledPeople/HealthAndSupport/MentalHealth/DG_10023351

 

[goosegrease]

I'll see how things go on Friday. My boss has asked more than once what the company could do to accomodate me when I need it. It's a difficult question to answer when your self esteem is low and your anxious about the whole situation in the fist place. Was less of a problem in my prevoius job because I was working alone and largely managed my own working week.
Think I'm trying to get my head round the worst case senario.

 

[cesare]

I'll see how things go on Friday. My boss has asked more than once what the company could do to accomodate me when I need it. It's a difficult question to answer when your self esteem is low and your anxious about the whole situation in the fist place. Was less of a problem in my prevoius job because I was working alone and largely managed my own working week.
Think I'm trying to get my head round the worst case senario.

It's good your boss is asking. But yep hard questions when you're in a situation where the questions/attention feed the anxiety. But they do have to ask. What you can do is be a bit prepared so when they ask on Friday (which is hopefully what they'll be doing) you'll be better placed to explain what's going on for you and how they can help - if they want to/are able to.

It's always a good idea to get your head round the worst case scenario. But it might not come to that. A short list of "if only I could/I had" might be helpful for you and them. You've already mentioned working alone and managing your working week. They might not be able to change your job to that extent. But they might be able to change it a bit, even if it's just on a temporary basis.