Advice re mental health and work.

[notsofrownieface]

In summer I was diagnosed with depression, I took some time off work, started with anti depressants. I started feeling better.

I had a knock a couple of weeks ago, and started to slip backwards, I am going to the docs to see if I can get any additional help.

Recently I had an appraisal, it was not good and it was inferred that my mental health is effecting my job to the point where unless I drastically change I will be sacked/demoted. It has been playing on my mind, is this right? Can I be sacked/demoted due to poor mental health? Very worried

[TeamBacon]

It doesn't sound right to me, but it might be worth asking for this to be moved to employment issues otherwise it may just get lost in chat.

[bringbacksideburns]

Have you a Union? I've never heard of demotion before. There is one woman where i work who has been off for over 18 months.

[notsofrownieface]

In my appraisal, I asked why this was not brought to my attention before and the reply was that they did not feel as though they could talk to me about it because of the depression.

I feel as though I am being set up to fail.

[TheWalkingDead]

If you are in a union I would contact them. Alternatively, contact CAB. I know that mental health issues and discrimination, or being unfavourably treated due to the disability, are covered under the Equality Act 2010, but it needs to be proven that the depression is long term and has an adverse effect on your everyday life.

I really hope that you get this sorted out.

[notsofrownieface]

Well I am speaking to the store manager tomorrow. My appraisal should have happened months ago. None of this was in writing. The frame that was used for me was the job below so not all points are compatible. The more I think about it the more angry I get.

[StopPickingYourNose]

Sounds like discrimination. Can you take someone with you when you speak to your manager? If manager threatens you with the sack it could be viewed as constructive dismissal. Get advice from CAB

[notsofrownieface]

I have written points down that I want to discuss. I am in two minds about raising an official grievance. I cant take anyone in with me unfortunately, because it would mean taking in a junior member of staff.

[givemeaclue]

It's not constructive dismissal to threate
Dismissal. Constructive is where the employee has no option but to leave.

Depressions can be covered by dda if long term meaning reasonable adjustments should be made, that could include transfer to a less stressful or demanding job.

What would you like your employer to do to support you in improving your performance? Eg would reduced hours for a period help?

[stowsettler]

You can be dismissed on health grounds (and this includes mental health), however they do not appear to have suggested a formal improvement plan to you yet, to try to help you to get to the required standard. It's standard good practice to do this: they shouldn't just expect you to 'pull your socks up'. That way leads uncertainty for them in terms of whether they can legitimately dismiss you.
You should be involved in putting the improvement plan together, and it should include specific, measurable objectives, and regular reviews with your line manager.
I would take the initiative, and ask them to sit down with you and draw one up. That way you will know exactly what's expected of you.
Good luck.

[AlexanderS]

You are allowed to take any colleague in with you, junior member of staff or not. You need advice from somebody who is familiar with employment law, I second the posters who have said contact your union (or join a union) or Citizens Advice.