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can someone please give me some advice on mental illness
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i have been off work 4 months with depression ive had a mental breakdown and getting hospital treatment ive worked for the same company for 31 years i know if i go back i face being given a written warning for been off as iwas in hospital last year for a operation and off 4 months my doctor says he can not sign me off for good has this is down to my works i feel i can not go back as i think i will be back to square 1 as ive had 2 nervous break downs in 9 years be grateful for any advice
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If your company has an occupational health department then ask them to contact your consultant or other professional for a report. Employers can no more dismiss you for mental illness than they can for any physical problem.
They may stop paying you of course, if they haven't already, but they should request evidence before they make any decision as to your fitness to work for them.
Your doctor is right not to sign you off long term, but this doesn't preclude you from continuing with follow-up from your CMHT even if you return to work, as you are entitled to time off for medical appointments.
If you think that your job is part of the reason for your illness then for the sake of your health you may prefer not to go back, but you should be able to discuss this with your specialist.
And not only this, your consultant or Occy Health can request a graded return to work so that your boss cannot expect you to go back full time right away.This is a reply to this message.
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Employers can dismiss you on capability grounds if you are persistently off sick, but before doing so, they have to see if you could do your job if they made reasonable adjustments. What is reasonable takes into account factors like the size of the organisation and whether the other staff there can be reasonably expected to cover for you.
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Posted by STRANGELY STRANGE ( A brain on a spring ) (U2496023) on Monday, 9th November 2009 permalink
What she said!
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Hey drivingvauxhall
Well I don't claim to be an authority on employment or industrial relations so I would suggest you contact some advice agencies. Yellow Pages (other directories also exist). Perhaps organisations with a web page might allow you to e-mail them. Give it a go.
The overwhealming feeling I get from your thread is one of being intimidated. Now an employment contract sets out the terms of the job you agreed to do in exchange for remuneration. Trust me, there is not a clause in there that says your employer has a right to intimidate you. For crying out loud, you're feeling well not at your best so its not helpful to make matters worse with these fears. If your employer is making this threat of a written warning a) have they put that in writing and b) have you shown that letter to someone with employment law knowledge? Believe me I know where I'd like to shove that letter if it exists but tempting as it is, it's not a great idea to act on your immediate impulses.
Hang in there as you are more value to the world than your job. Please don't avoid your employer. They're not going to go away no matter how much you might want them to. Set a goal to make 2010 something to look forward to. You could make a lot ground if you get some support.This is a reply to this message.
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thanks for u letter i have got to see my own doctor in the next 14 days my works have been round to c me and have said that if im to ill to go back then i could finish and they would pay me 3 months wages but my doctor seems to think there is a catch work have said its not dissmail but its to say that u cant do the job and then i can move on in my whole heart i feel as thou i cant go back as the way been treated been in and out of hospital for 2 years and still gone back to do heavy work thx again for reply
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Are you currently in receipt of full sick pay and if so how long should your employer pay you according to the terms in your employment contract? Would you be entitled to a pension if you have to retire early through ill health? You have been there a very long time and if the employer is seeking to make redundancies, for example, three months wages could be a cheap way of achieving this. Do you belong to a union? Have a look on DirectGov for "constructive dismissal" as from what you (and your doctor) are saying it could be that the employer would rather release you.
Three months wages and not having to go back may sound tempting, but if at the end of three months, you're still not well and find yourself having to claim benefits, then there could be more hoops to jump through as many claims for employment support allowance are being turned down.
If on the other hand, you would be OK financially, perhaps do whatever is best for your health. However, the employer should be considering offering a phased return to work and if the Disability Discrimination Act is likely to apply because you would have had a disability for a year or more, then they are obliged to make reasonable adjustments, eg, put you on light duties.
If you no longer enjoy heavy work, perhaps you could consider re-training for something you'd prefer doing. Good luck.
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I think you need a lot of things clarifying before you make a decision.
1) Is your job part of the problem.
2) Do you want to carry on working there.
3) Is your company flexible enough to allow you time and space for appointments, going back to work gradually etc,
4) If you left the company what benefits could you get, and when.
5) If you left the company could you get other employment.
I think you are going to have to resist them easing you out of the door like this, as it weakens your position.
I realise you dont feel up to tackling them, so get some professional advice. Start with the CAB, a union etc. to represent you. You need this professional to do the work for you else it will only add to your mental stress.
As an ex shop steward who was in a very similar situation once I know how difficult all this must be, so you have my every sympathy, but please dont accept their "offer" without professional guidance, as I think the company are in the wrong about this. Very much in the wrong.This is a reply to this message.
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