Advice needed - unfair dismissal from job.

[tessasuzanne]

Morning all,

I have just been sacked from my current job on the terms that I didn't meet the 'time keeping specifications' which is a load of baloney as I have been early every day that I have worked there. What the real problem is is that over the last two weeks I have had the equivelant of 2 and a half days off due to my anxiety and the effects of starting a new drug.

The first day off I had was last week and due to an anxiety attack. I tried explaining to my boss that I sometimes suffer from anxiety and was currently going through a med change and he appeared fine with it, and left it up to me to make my decision to go home or to stay at work. I decided to go home, got myself better, returned to work the following day and had a good end of week. This week, I had another anxiety attack at work, but my boss was away so I could not request permission to go home. The lovely colleague who also worked in my office told me to go home, not to worry and look after myself. So I did. The following day I still wasn't feeling 100% and decided that another day off would be what I needed. Please bear in mind I have just started 30mg mirtazapine which has wiped me out entirely! I rang my boss to tell him I wouldn't be in, and he seemed fine with it.

So I rock up at work this morning and get called into the office straight away, to be told by my lovely fellow colleague (please note NOT my boss) that the company will be letting me go today because I haven't met the 'time keeping specifications'. Obviously it is because I have had time off for anxiety, which has nothing to do with time keeping.

I am completely mortified and angry and think that I have been given a very unfair dismissal. One, I was given no warning, not even a second chance. And two, my boss didn't have the balls to tell me himself. That speaks volumes in my eyes.

Can anyone advise me as to what I should do now? I have clocked up nearly a full month of hours this month so need make sure I am paid what I am owed. Is there anywhere I can get advice about unfair dismissal due to mental health? Do you think this counts as discrimination?

Thank you everyone for reading this long post! I hope you are all having a better start to your day than I am...

T x

[Annie0904]

Are you in a Union? If you are not then you will still be able to join one today to get support and advise from them. My daughter wasn't in one and had not been paid for 2 months because the company said they couldn't afford to pay her and would pay in a few months. She joined a union and they sorted the problem for her. I would suggest you contact either UNITE or UNISON x

[Serenitie]

I'm so sorry to hear this :hugs: I'd make an appointment to discuss this with your local CAB. This sounds very unfair to me and shows how much catching up there is to do in the workplace in terms of understanding and fair treatment of colleagues with mental health issues. I think that you have every right to appeal this decision and wish you well with this. Take good care of yourself, Tessa :bighug1:

[hanshan]

I'm not in the UK, but in Australia it would be unfair dismissal.

My advice would be to join the union straight away, and let them do the fighting for you - they have lots more experience in this area.

[Elle-Kay]

How long have you been in the job? That is important.

As long as you've been in the job the requisite time (I think a year, but don't quote me) they can't just sack you on the spot except for gross misconduct (stealing, being drunk at work, taking bribes etc.) For a timekeeping issue they are duty-bound to first ascertain if there is a genuine reason for tardiness, investigate & deliberate as necessary, and then decide on a course of action, which should be no action/verbal warning/written warning.

Also if you could prove (or get them to admit) that it has been down to your anxiety then you could have cause to claim disability discrimination on the grounds of mental health.

You need to speak to a professional immediately, as you will only have a finite time in which to act against your employers. Your first telephone call should be to the CAB advice line for your local area (http://www.citizensadvice.org.uk/) - get them to open a case for you over the phone, so that if you need to go in to your local office you won't have to go through the same conversation with someone else before you can even make an appointment with a specialist.

The ACAS helpline will also be able to advise you (for free) about your rights, specific to your circumstances as you describe them to them: http://www.acas.org.uk/index.aspx?articleid=2042

You will also be able to get free advice re. discrimination from the MIND legal advice line: http://www.mind.org.uk/help/advice_lines#legal

[tessasuzanne]

Thanks all for your replies!
I have just been on the phone to CAB who believe that as I had only been working there for 2 months there is more or less nothing I can do. However I am waiting for a supervisor to call me back just in case.
It is an infuriating situation to be in and just shows how far behind some people are when it comes to understanding mental health.
T x

[Elle-Kay]

Yes I'm afraid you may well be on a sticky wicket as you've been there such a short time - even without a written contract, there are certain basic rights of employment (for both parties), including I think that in the probationary period (usually the first 3 months) your employment can be terminated at any time without prior notice. Sorry :(

[tessasuzanne]

You don't have to say sorry! It's not your fault! Onwards and upwards, it obviously wasn't meant to be...
Thank you for your help though :) I really appreciate it.
T x

[mikewales]

Sadly if it is only 2 months then there won't be anything you can really do. It does show what sort of employers they are though, so you may be better off working for someone else !

[Sparkle1984]

It's disgraceful how some employers treat people. Unfortunately you have to be working for the same employer for at least 2 years before you qualify to claim unfair dismissal. If, however, your anxiety is counted as a disability, you may still be able to claim unfair dismissal on grounds of discrimination, as there is no minimum time limit for that.

Is it a small family-owned company or is it a big public limited company? If it's a big company with an HR department, it might be an idea to speak to them and see what they have to say about it. They may be able to sort it out for you, especially if your manager is breaking company policy by trying to dismiss you without warning. If, however, your manager is the owner of the company, then it's going to be more difficult I'm afraid. :weep: