Should I seek legal advice over employer handling of my mental health?

[Depletedanddown]

I am not sure if I should get legal advice on this issue or not.

I've name changed and amended a few details to hide my identity.
I've been off sick for work for 6 weeks and then on a phased return for 7 weeks for depression.

Upon returning from sick leave and the expiration of my fit note, my employer immediately expected me to return to 100% capacity. They did not implement a proper, effective phased workload, which caused a severe regression in my mental health, leading to severe anxiety and panic

During my phased return I verbally informed my manager that I was experiencing severe suicidal ideation. Following this disclosure, my manager's behaviour shifted significantly, becoming cold and formal.
While I was on my phased return, the company offered me a "without prejudice" settlement agreement consisting of 2 months' notice plus 2 months' ex-gratia compensation. I declined the offer due to being in a very poor mental state at the time.

I have seen Occupational Health (OH) twice. On the second referral, management ticked the "performance issues" box to frame my disability symptoms as a capability problem.

Management signed a declaration on the official OH referral form stating that I had received and reviewed a copy of the referral prior to my clinical assessment. This is factually false. The document was actively withheld from me until after the consultation had concluded.The OH clinician was surprised to hear I had not seen the referral and advised me to obtain a copy. I have requested to view the draft OH report before it is released to HR, and I am currently waiting for the clinic to send it to my personal email.

They are documenting everything via email, any small mistake (which would have been rectified previously without a batter of an eyelid)

Any help would be greatly appreciated.

Also to note I did really want to return and get better. I've engaged in therapy, seen oh twice, contacted my employee assistance program, visited the GP numerous times, increased medication, taken steps around health and wellness. I was improving before the full time return and felt much more confident and ready. The expectation to suddenly be at 100% capacity (and then some as I was given additional work I'd not done before) set me back severely.

If you' can't cope with the work then what exactly do you want them to do ? 6 weeks off already, a phased 7 week return and you still can't work. The company have been very accommodating already but surely enough is enough.

Eventually, yes that is a fair point but I would have expected a phased return, eg reduced hours for a while and more managerial support than OP seems to have received

I'm not clear - were you signed off for 6 weeks and returned on a phased basis over 7 weeks, but then wanted a reduction to your actual workload after the 7 week phased return had finished?

Capability will be looked at if you are still not working effectively after 7 weeks of phased return. Also telling your manager that you had suicidal ideology, surely you need to go back to your doctor? Your manager can’t solve that and it could be they have personal experience of this, leading to them being more formal. You have to approach the right people and landing that on your manager, what did you expect to happen?

Your post is a bit confusing. You say you had a 7 week phased return but later say your employer expected 100% capacity. To clarify, for how long did you have a fit note? 6 weeks only or a further 7 weeks, giving a total of 13 weeks? If you were in a very poor mental state during your phased return with suicidal ideation, did you return to your GP to be signed off for a longer time?

"While I was on my phased return, the company offered me a "without prejudice" settlement agreement consisting of 2 months' notice plus 2 months' ex-gratia compensation. I declined the offer"

It sounds like they're trying to manage you out, have they put you on a performance improvement plan @Depletedanddown?

Under the Equality Act 2010, long-term mental health issues count as a disability. Employers have a legal "duty of care" to support you.

As for reasonable adjustments; your employer must make changes to help you work. This includes phased returns.

They cannot simply force you out without following fair procedures.

You definitely would be wise to get advice.

Have a chat with acas or citizens advice

As it should. But unless she has radically shortened the time, this isn’t long term. Long term is a year or more.

sure enough.

It does sounds like they've not followed some processes, ie the OH forms, but what is the outcome you are seeking?.
After 7 weeks phased return to work I would expect you to be then moving back to full time hours. However it clearly sounds like you aren't ready to do that yet.
Did you seek the support of your GP regarding your suicidal idealisations?.

I don't know what a manager can say or do if you say you have suicidal ideation relating to your workplace? Surely they would legally be in a better position if they dismissed you than if you died?
You need to see your psychiatrist if you're having those life threatening thoughts.
I don't think you sound well enough to work if you're in that condition.

To be honest if I were you I would go to HR and politely enquire whether, on a without prejudice basis, the previous offer to you is still open.

Otherwise I think you risk being legitimately managed out without compensation if they continue to go down the capability route (which TBF does not sound that unreasonable from their perspective).

Good luck

It is classed as long term because I was off in 2023 for 2 months with it too.

@user1471450426 just a little more understanding I guess. Some long term adaptions for support. I'm hard working and care about my job. I am just having a very hard time with my mental health. The first OH report put suggestions in place regarding support and workload, and said they should be longer term, I did not realise this meant they would stop as soon as my fit note ran out.

@SirChenjins yes 6 weeks no work, 7 weeks phased return. I am not expecting to have my work stop, but they have given me some very open ended unstructured tasks on top of my normal workload which are the things I am feeling unsupported on and finding incredibly overwhelming. Think policy writing, setting up new processes, etc.

@MsCalli I did seek support for the SI. I told my manager after the bad spell because I thought it was best they knew how bad it had got previously. Also she was my friend, told me I could talk to her and had been very supportive up until that point.

@Soontobe60 I did go back to my GP yes, she didn't discuss work with me. It was an awfully rushed appointment as she overran 40 minutes with the person before me. She upped my meds and referred me to another team.

@Arregaithel thank you, yes OH said it's likely I am classed as disabled. They haven't formally put me on a PIP but informally it feels like they have, which in itself is making me feel worse. I contacted CAB and they said it is too legal based for them to advise on. I shall try acas on Monday. Thanks

it could be if. expected to last’ a year or more

I'm sorry about your mental health but situation but what about your boss's mental health?

Having to deal with an employee taking all this time off work and then that employee telling them they are suicidal would be very difficult.

What did you hope your manager would do when you told them you had suicidal ideation? They may have moved to being more formal to protect themselves against allegations that their manner was causing you to feel suicidal and to evidence they are following proper process in managing you and your performance. Were there adjustments you asked for during the phased return that they didn’t provide?

How was the phased return managed - was it shorter hours working up to full time, a protected work load or a combination of both? Is it possible you weren’t ready to return to work and needed more time off to recover? It’s hard to say whether they were being unfair but I’d really consider whether you’re able to be back at work just now if you can’t carry a normal workload for your role.

I know I've been off for a significant period of time. I did not choose to be this unwell. I wish it had been a physical injury instead so it was visible. If you've not had depression this severe I think it's very hard to know what it can be like. I wouldn't wish it on anyone. I like(d) my job and team a lot. I'm normally very competent and hardworking.

@BlackTogetherAgain67 she told me I could talk to her as a friend. I have told her the amount of guilt I felt about being off. They managed to cover my work using an employee from another team who was between roles.

@Jellycatspyjamas it wasn't work making me suicidal, the depression wasn't ever work related. I guess that makes sense for them to protect themselves. I wish I hadn't told her from the responses I'm getting on here but I can't change it now. I think it's highly likely I needed more time off but didn't realise how bad I still was as I'd been worse maybe? Yes it was phased hours and supposedly support however the support wasn't actually in place. Meetings were missed, etc.

You should have got legal advice when they broachwd the WPD. When they do that, you know your days are numbered. They want you out. No work place will be able to give you the perfect conditions to manage your mental health. Your best bet would have been to take the WPD offer to a solicitor with the aim of getting your money up. I suggest you open the WPD discussion back up and take legal help. You don't cope with working there and they would rather you leave. Its a relationship that cant be salvaged.

@Lndnmummy I didn't want to accept it, I wanted to get better and get back to my job. As I said up the thread I really liked my job and my team.

However that’s not the case now. They have work needing to be done but you cannot do it. It’s lose lose for your employer isn’t it? No one chooses to be ill but employers can choose who they employ and usually being able to do the job is a criteria for employment. I’d negotiate an exit and try something with less hours when you are able. Employers have huge employment costs now so you can see why they’re looking for the work to be done.

WPD discussions are often used for physical health issues as well, not just mental health issues. Of course you wouldn't wish it on anyone, I'm sure your employer wouldn't either. However, they believe that you are not able to perform, due to your health, at the desired level. Rather than dismiss you, they are offering you money to leave. When that happens, the best thing you can do is to take that offer (using legal help to squeeze out any last penny you can).

Do not apologise for being unwell @Depletedanddown

UK employment law is highly regulated and provides strict legal frameworks for both employers and employees.

It outlines clear responsibilities and protections for both sides.

You should definitely take advice, outwith the company.

Sure. I've been there. It sucks. The point I'm making is that as with any relationship, it takes two to tango. You want to get better, sure, but your employer doesn't believe that your performance will be up to what they require. So they have asked you to leave. They have shown their hand. Your best bet would have been to take that offer, rather than let them performance manage you out (which is, believe me, the next step they will take). A PIP is not kind on anyone, let alone if you have MH issues. You should have taken the offer (and used a solicitor to up the settlement).

Its like breaking up with a partner. If he wants you to leave, but you don't, the relationship will still end. Its the same here.

Honestly I don't think you have any recourse here. Your employers don't have to make allowances for you for ever legally . 7 weeks phased return was pretty generous . It just sounds like you're not fit to work I'm afraid .