Bascially i work in a shop. A small convinience store. I transferred from another bigger store, becuase of bullying and similar issues. At this new store everything was going really well. Or at first it was. Now today i had a meeting with my manager.
The first issue she wanted to discuss was about a complaint. That was fair enough. It was over a refusal i made to a drunk woman. The stuff in the complaint was hurtful but i could deal with it.
The next part i want to go into in more detail. Basically, i was off sick saturday, becuase i had taken an overdose so my mom rang in for me. The long and short of it came down to her pressuring me into telling her stuff, and the main thing i wanted to ask was she told me "If you're self harming and mentally ill we dont have to keep you a job" she then said other illnesses were different. WTF i though that they could'nt discriminate? can someone clarify the laws on this for me?
Do not adjust your mind, there is a fault in reality
That is discrimination, and you do need to speak to your HR department, if you have one. CAB might also be able to advise on procedure, as it depends on a number of factors.
it is discrimination but with any illness where you inflict the harm on yourself and cannot make it to work..eg alcoholic missing work cuz of being drunk or too hungover, drug addict being too high or in your case taking an overdose or harming so that you cannot attend work they can dismiss you for taking too much sick leave.
there are loopholes in the system that employers can dismiss you under. they dont have to say its because you suffer mental health problems. just that you are taking too many sick days.
Although, there is a difference between discrimination on the grounds of mental health, and somebody unable to perform their job to an appropriate level. It obviously depends on the situation and what was said, and it's a big grey area - as I understand it, it's not kosher to not hire somebody/fire somebody simply on the grounds of mental health - however, if that person is unable to perform duties, that becomes a different matter - although obvs. They have to take into consideration health status when considering that, and work out ways to help you prior to getting rid of you.
I'd agree with Katie - see if you can speak to a HR department or CAB to see what your rights actually are here.
Hope you're alright now.
Last edited by Dreaming. : 24-02-2011 at 02:15 PM.
This is indeed discrimination. Even if you are taking too many sick days, as it is a mental health issue and not just taking sick to go to a ball, your work place should be getting you assessed by their employee health service (sorry, I cant recall the word for this right now...) and look into any assistance they can give you - before they even consider you unable to do your job.
I would speak to your HR Department, seek some information also from CAB and ACAS - both of whom will know policies and correct procedures. ACAS is the place for HR and staff to go to for how things should be done.
Mind also offer a lot of information and support in the area of rights in the workplace - it is worth viewing their website, or talking to their support line.
What your manager has said is wrong. That they do not know that, or do not care, is frankly worrying.
Roiben x
Last edited by roiben : 24-02-2011 at 01:37 PM.
Reason: Added a bit
If the Human brain were so simple that we could understand it, we would be so simple that we wouldn't.
Hey....I've had similar issues with my employer for a while, so know how distressing it is *hugs*
As someone said above, it is discrimination, on the face of it, and it is not legal to fire somebody on the grounds that they have mental health problems. Unfortunately, the repercussions of the mental health problem can be grounds for firing - like being off sick -and they use that as a loophole.
You should make it clear every step of the way that you're not well, and that that is why things happen - they have to keep records of disciplinaries, and you stating that you're not well should be on the record (in case you need to contest any decisions further down the line).
If you work for a national company (like I work for a branch of a national clothing retailer...who I'm not allowed to name -_-), they will have a legal department that they can consult. Disciplinaries seem to take forever with me because the manager sends me out and rings HR half way through, so they can make sure that whatever action they take is kosher. I'm guessing you work for a chain too, so I suggest you talk to ACAS or Citizens Advice, just so you know where you stand. Knowing you have someone with some knowledge of the loopholes who will act on your behalf is a massive help.
Feel free to message me at any time if you want a chat about it....or anything else for that matter
Never argue with an idiot, they drag you down to their level & beat you with experience
Whilst they can't discriminate it is really hard to prove and the process of taking them to court is really stressful.
The best people to talk to are the Human Rights and Equality Commission.
