To feel this is just torturous?

[OffWorkandWorried]

I’m currently off work with anxiety/depression (work related). I’ve got 20 weeks left paid and then I’ll default to SSP (which I can’t afford to be on, so I need to sort something job wise before that point)
I need to leave my job because the moment I go back off sick leave, I’ll be on a PIP and then managed out/dismissed.

I apply for about 20-30 jobs a day. Anything and everything which matches my skills and which I could afford to do (ie the salary would cover my outgoings). I’m getting nowhere - and even when I wasn’t off sick, I was still getting knock backs. Occasionally I get shortlisted for interviews and usually get a rejection on the basis that another candidate just pipped me to the post (usually an internal candidate). I’m never given any other useful feedback aside from that.

I had an interview this week and I am fairly sure there were two internal candidates. The interview felt like a box ticking exercise tbh.

If I was dismissed, and had to apply for UC etc, I’d lose my flat - it wouldn’t cover my rent. I feel like I am fighting against the tide and every job applications feels like I am fighting for my life.

No idea what I would do tbh. I can’t stay with my family / friends so…where would that leave me?

It just feels like a slog. Mainly posting for traffic, sorry.

Can you speak to a solicitor about constructive dismissal? I had this several years ago, it was stressful but worth it in the end. I was forced to resign and they had to pay me after I got a solicitor involved.

Good luck

Not teaching but I do work in education. I was under performing but mainly due to workload and lack of support rather than my ability.

I didn’t record my manager saying any of this, It was an informal meeting online.

@FilthyforFirth I would say you got lucky if you managed to get a settlement after resigning. Constructive dismissal claims should generally be avoided, particularly when the OP has the benefit of full pay while on sick leave.

I know this is a long-term idea but if you do at any stage find yourself without employment, I'd suggest either getting onto a recruitment agency or looking at temp or interim work. There are agencies for those that can potentially get you into roles quickly. Once you're 'in' you're then in a better position to apply for a perm role in the organisation.

How long have you been in your job?

If your mental health issues/stress are long term they can qualify as a disability.

I would return to work when your full pay end and ask to be referred to Occupational Health. I would also in writing state to your manager (and copy HR into it) that an unworkable workload is causing your health issues and that you would like this to be addressed

Basically don't make it easy for them to manage you out by blaming your lack of ability to do your job if the problem is that their expectation of what can be done during your working hours is unreasonable.

A better outcome would be for you to keep your job with a more reasonable workload and/or reasonable adjustment to help with your mental health or for them to agree on a financial settlement so you won't claim unfair dismissal.

I’ve been in my company for seven years and in this particular role for 18 months. I have had anxiety and depression (diagnosed and treated for the same) for over 25 years. Work are aware of this.

Then you are in a much, much stronger position than you think. Speak to your Union but some can be a bit useless particularly with disability matters so I would strongly recommend having an initial conversation with an employment solicitor who specialises in disability discrimination.

Thank you - my union have been excellent and are really hot on disability discrimination

Totally agree you are in a much stronger position than you think, the PIP threats are awful.

Document all these conversations or if you have emails/ 1:1 notes save them away from your employer.
If you have access to any emails quickly send to personal one.

Contact OH yourself and tell them what's been going on.
Is there a speaking up guardian?
What has your sick note got written on it?
Did your boss do a stress risk assessment?
If you were not performing, what conversations took place?
Support offered?

Of course your boss wants to make this your fault and get you out, they are trying to frighten you into resigning
Get hold of all copies of all policies relating to health/ well being in the workplace

If you feel you have been bullied
The National Bullying helpline are great-can take a while to get back to you.

Above all do not catastrophise, do not cave in , get as much support as you can.
You have a disability/ protected characteristic
They should be making adjustments/ supporting you

Ok you have 5 months of paid sick leave. Give yourself time to actually recover from burn out, looking for jobs while you are so anxious is never going to work. Try to use your therapy to focus on recovery first - yes possibly losing your job is a stress but it’ll feel a much bigger stress while your anxiety levels are high. Good therapy should help your anxiety and address you catastrophising.

Once your head is clearer you’ll be in a stronger place to fight your corner. It could be argued that telling you that you’d be going back to a PIP has undermined your health at a time when your suffering work related stress. You’ve a long employment history so they will need to go through their capability process to the letter, which means giving you a reasonable workload and reasonable support to improve. It also means they can’t pre-determine the outcome of that process so, given you’ve been told they want to manage you out, you have strong grounds for action against them.

I’d start by asking for an OH referral - once you feel stronger - you can be clear that your health is impacted by their unreasonable demands and what you need to be able to perform well. OH can be a very supportive process and you can ask to see their report before it goes to your employer and challenge any inaccuracies.

But first of all you need to feel better in yourself, so rest and recover.

Is there any way you can envisage staying where you are, do you want that?

If the union could help you stay, can you see yourself doing that

I made notes on the conversation with my line manager but it was an informal meeting which wasn’t minuted or followed up in writing.

My performance was not addressed prior to me being off, informally, formally, in writing or otherwise. I knew I was underperforming and my boss knew I was struggling because every time we had a 1:1 (when not cancelled), I mentioned it. Support or solutions not offered - because the only solution was to reduce the workload which wasn’t and isn’t possible.
A stress risk assessment has not been carried out.

sick note says depression and anxiety but my consultation notes refer to work being the main trigger.

I can’t stay and want to leave more than anything. I’ve wanted to leave for a good long while. My union are supporting me with getting out rather than staying in.

Sounds really difficult and scary. I think focus on getting well first. UC will pay housing costs if you live in a flat or room, as long as you didn't resign. Maybe check on a different benefits calculator

Sorry meant to add- they usually pay SOME housing costs

Is there any chance of redeployment in a different area?
Or is the whole organisation toxic?

Redeployment isn’t possible as I’m a single point of failure in a specialised role - but the entire organisation is extremely toxic anyway. People are dropping like flies (leaving/on long term sick)

Really I think you need to stop talking about yourself as underperforming and a failure if they haven't formally informed you yet.
You are handing yourself over on a plate.

Probably your best bet is to negotiate a mutual agreement that you will leave with a payout and a reference.

Why didn't you leave before ?

My union are supporting me with getting out rather than staying in.

If your Union are worth their salt they should be looking for you to leave with a settlement agreement. The workplace has undermined your health, haven’t responded to you repeatedly saying you’re struggling, haven’t provided workplace support and are now saying they want to manage you out. I know my Union would take them to the cleaners.

Because I haven’t had a job to go to and I couldn’t just quit. I’ve been applying for roles and not getting anywhere for a long time.

My union were the first to mention a settlement and managed exit (to me, nothing has been mentioned to my employers yet). The thought hadn’t occurred to me before. They have been amazing and I am so grateful that I’m a member of one (I’m actually a workplace rep, which my work also know…)

Can you start applying for a council house? Not sure how it works

I think I’d be extremely low down on the priority list - but also I’d still have rent to pay (just less than in the private rental sector).

Ok so you definitely want to leave. It's the finding the next job part that's difficult.

Have you looked at local council jobs? They might have help on getting the next role

Or what about working for a union as the job?

I know someone who made that leap

My union were the first to mention a settlement and managed exit (to me, nothing has been mentioned to my employers yet). The thought hadn’t occurred to me before. They have been amazing and I am so grateful that I’m a member of one (I’m actually a workplace rep, which my work also know…)

I’m glad they’ve got that option covered - and so glad you’re a member. Union membership is so important for situations like this. A managed exit and settlement would give you more time to find something else and also help with that feeling you have that it’s somehow your fault. It’s worth, when it time, letting your union head down that line at least to explore what’s possible.

It’s very scary not having a job to go to but the settlement would give you financial breathing space. Once you feel better it’ll be much easier to find a new job.