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View Full Version : Can I be sacked for having anxiety? (URGENT)



leon_telford
04-03-09, 18:54
I have a discpline meeting at work tomorrow for an error I made, my work quality has gone down since I had my first panic attack in June last year, never had a panic attack at work but get the anxiety alot!

Went Doc in August about it when I told my former team leader about it ONLY after he asked why I changed in terms of personallty.

Anyhow sometimes I cant always 'think' at work and are prone too stupid mistakes and the job stress gets me down abit and I rush work.

Tomorrow I have a meeting with the HR leader and a line manager. I've never been offically 'warned' about mistakes before, gonna let it all out about my condition I have and offer them my Doctors number to back me up.

Can they legally sack me?

I live in UK so clearly will be different law in the States etc etc.

Thank you.

Alabasterlyn
04-03-09, 19:06
Sorry to hear about your problem. I thought the employment law was that you had to be given a verbal and then a written warning before any employer could sack you. People make errors at work all the time, even those without anxiety. My daughter in law made an error at her place of work a couple of months ago that cost her company £20,000, but she wasn't sacked or even disciplined.

If your work is really suffering due to your anxiety then I would think you would be entitled to being signed off until you are feeling able to cope again. I can totally empathise with this feeling of not being able to 'think' at work, I was the same when I used to work.

I'm sure there are lots of people on here who know more about current employment laws and can help you more, but I do hope you get it sorted out soon :hugs:

faith
04-03-09, 19:55
anxiety is an illness for which you can get a doctor to sign a sickness certificate to have time needed away from work. It would be a good idea to talk to your line manager to see how your employer handles workers with anxiety, what can they do to help you and make it easier for you at work. A family member was helped in this way and is now feelong much better and is fine at work at present. You are putting yourself under unbearable pressure by not informing your employer what is happening to you. As far as I know it is illegal to sack someone who is ill.

cheekycharlie
04-03-09, 20:10
are you in the Union? if you are I would seek advice from there. They can't just sack you. You need to get a docs note or letter to explain what you are suffering from. xx

NoPoet
04-03-09, 23:24
If they sack you without going through the formal disciplinary procedure, which involves verbal and written warnings, you can smite them with all the furious vengeance of an "unfair dismissal" claim :)

The only way they can get rid of you is if you've committed a major infringement of the rules. If your performance has been really bad and/or if you've been causing problems with other staff, like snapping at them all the time or constantly failing to hit targets, you might get a first warning.

Your meeting will probably be to discuss your performance and to look for ways that it can be improved. They'll want to know what the problem is (in other words, NOT that you're stressed, but WHY you are stressed), and they will try to find a way they can help you.

A lot of work has got to come from you: nobody else is going to conquer your problems for you. Keep that in mind as your bosses will only help you so far. They'll expect you to help yourself.

If the job is so stressful you can't think, you need another job. Trust me on this.

london
04-03-09, 23:38
if you get the push for anxiety you could sue for grands and grands

i hate panicking
05-03-09, 00:15
Hi leon_telford,

They can't just sack you otherwise you could take them to court!!

StuBlad
05-03-09, 16:22
Hi Leon,

Just wanted to post to find out how it went, hopefully they were sympathetic and offered to give you some time off or help make things easier for you.

sharona
05-03-09, 18:20
Hi Leon
Ring ACAS, they are really helpful and will guide you in the right direction.

:) Sharon

Utility
05-03-09, 22:57
Hi

The short answer is, no you can't. Especially if you claim that the anxiety is brought on by work related issues. Then your employer must been seen to be doing what every is reasonably possible in order to ease the situation.

All employees are entitled to a verbal, written, then final written warning before any dismissal can take place and at every stage you are entitled to appeal. Unless it is some sort of gross misconduct like assult. In that case it could merit instant exit from your place work but again an appeal process must follow.

Even if you receive warnings for poor performance every employer has a duty of care and must provide support and resources in order to give that employee all the opportunities to improve performance. In other words they can't just say "you're crap at your job" and then not help you improve.

krog
06-03-09, 20:20
Hi,

Employers have an obligation to provide a stress free workplace.
It may pay you to point your H(uman) R(emains) person to this website -

http://www.hse.gov.uk/stress/index.htm

Cheers,
krog.

gaylemacforce57
01-05-10, 22:35
CAN I BE SACKED FOR HAVING ANXIETY

unfortunately i have gone through the disciplinary proceedings and received word that my management are thinking of sacking me. Anyhow sometimes I cant always 'think' at work and are prone too stupid mistakes and the job stress gets me down abit and I rush work. I have been actively visiting my doctor who diagnoised me with depression which got worse due to staff shortages and im now seeing my local CPN because my depression and anxiety has got worse. Im not a member of my union and kept going to the appointments unaccompanied. PLease help

Going home
01-05-10, 22:56
Hi Gayle, sorry but your post here is a little confusing...are you answering the origional question asked by this member in March last year? or are you saying you have the same problem and need help yourself? If you do then it might be an idea for you to start a thread for yourself and people will reply and try to help you on it. I know its really confusing when you've only just joined, finding your way around so hope this helps.

Anna :flowers:

guitarpants
01-05-10, 22:59
I'm in the states so I can't give you any useful advice unfortunately. But here it is illegal and it's akin to the company inviting a lawsuit.

But oh many try to get around it. Usually they will try to find another reason other than disability or injury to blame your dismissal on.

houseman
03-05-10, 08:36
Not an expert...however, the time you have been employed will make a difference, if your over a year then you should ben fine. Whats really important is that you meet with your HR team and explain to them what going on, this is a medical condition and your organisation should be supportive in helping you get through this. some organisations have other resources to support you. Please share with your HR team if you feel comfortable a note from your doctor may help. Good luck we are all here.

sarah jayne
03-05-10, 09:21
You cant be sacked for having anxiety but you do have a duty to tell them whats going on so they can help you. If they dont help you and sack you then they are the ones that will be in trouble. Have you thought about asking your doctor to sign you off work for a little while ?
Sarah x

loul1
23-08-13, 21:53
Yes they can, as long as they follow due process:

'If the employee can’t do their job because there are no reasonable adjustments that can be made, it may be fair for you to dismiss them, even if they’re disabled.'

An employer is entitled to have staff attend work and can dismiss on the grounds of I'll health

nataliewoods88
30-08-13, 19:53
hi i totally understand work stress and making errors at work. I work in a busy retail shop (i know its not like a hospital) but errors are easily made on the till and with anxiety i got to a point where i need retraining just so i wasnt costing the company money. What i suggest is you get a doctors note, to show them so they know. Your illness is as serious as any other, just hope your employers are able to make it easier for you.