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.

They phrased it as the time as giving me breathing space to recover, naively I don't think I fully understood the reasoning behind it. I can't go and change the past now so I'm focusing on how Im focusing on how to move forwards. And trying to understand if they can legally say I've seen something that's been sent to OH that I haven't. I understand they want me gone now. I am trying to work through the best way of managing this and asking if I need legal advice due to my situation.

Thanks for the kindness and advice.

I have been very unwell with depression and have been off work with it - it's something I've lived with for many years, so I do have sympathy. That being said, I can see ot from tge other side as a manager. When a member of staff is signed off and them returns on a phased basis, it's the phased return which supports the reduction in tasks and days worked. Once that finishes, there is an expectation that the person is able to complete their normal tasks.

I think you were being unfair telling your manager about your suicidal ideation as there really isn't much they can do beyond an OH referral. If you're not able to work (ie do your job) then I think you either need to be signed off again, negotiate a new role or hours, or accept their offer. Work is good for your mental health though, so I would suggest the first 2 rather than taking yourself out of the workplace altogether.

Do you think you returned to work too soon? What hours are you doing on the phased return? Generally a phased return is two or three weeks. I’m off work sick at the moment. I’ve been off for nearly two months and expect to be off for another month. Then I’ll discuss a phased return for a two-three week period, mornings only. My employer will be ok with this plan.

The more employers are expected to do that doesn’t help them generate profit, the worse off everyone is. We don’t have much productivity in this country and it’s obvious why. What do the other workers think about covering the work not done? Who cares about them? Hopefully the employer who is now taking action. We continue to be the sick man of Europe and cannot escape whilst employees want employment but cannot work.

OP it sounds like you wish you had accepted the offer they made?

You can approach them about this if that was the case. In fact you might be able to do better.

if you pen out in bullet points what you have said here, and that you have major concerns about the processes being followed, the unauthorised release of your OH report that you hadn’t seen or consented to….

and finish with stating you may be willing to reconsider the previous without prejudice discussion .

then ask for 2 months notice and 4 months ex gratis pay and see where the go.

the key is to subtly let them know, that you know they are not being above board and that you would take that forward if they try to unfairly exit you.

We aren’t the sick man of Europe! An article just this week on the radio saying Germany has twice the average sickness absence compared to the UK.

The thing is when you’ve been so unwell and start to feel better you end up back in work because you think you should, and you think you can because you feel so much better. But often you still aren’t fully well. A good phased return can help you get there but only when you’re a good part of the way better. Most people with mental illness go back too soon for all the reasons you see even on this thread. I usually tell people that when they feel well enough to start thinking about going back to work, take another couple of weeks off if at all possible. It gives time to properly recover rather than being half way there. It’s too late now but keep in mind for future.

I don’t know if there’s a way back now that won’t compromise your mental health even further, it sounds like the WPD cane out of the blue for you, which isn’t fair. Could you go back and ask to revisit that discussion with proper representation?

Thanks for taking the time to reply. Yes I went back earlier than I should have in hindsight but didn't realise at the time.

What do you mean my proper representation? I do think I'd have a much better conversation with them around this now as I'm mentally much better than I was.

Thank you that's really helpful

Thank you for your very detailed legal advice on the legal board...

Please remind yourself you wrote this if you ever become unwell or disabled. You can write that now as you don’t think it will ever happen to you.

Are you a civil servant? Even if you aren't read up on your company's policies for managing sickness and returns so that you're clear on whether the correct processes are being followed.

If you are a CS you can access therapy/support through the Employee Support Scheme

Thank you to those who took the time to respond, particularly those who answered my question about seeking legal advice or shared relevant experience.

I've realised the thread has become more of a discussion about whether I've had enough time off work or whether my employer has done enough, rather than the legal question I originally asked. I appreciate people taking the time to reply, but that's not really the advice I was looking for.

I'll be seeking independent legal advice so I can understand my position based on the full facts rather than a brief summary on a forum.

Thanks again, and I'll step away from the thread now.

I think that is sensible OP. I wish you all the best.
i have been there too and I think if I'd taken legal advice earlier the outcome might have been better.

They have clearly expressed that they would prefer you not working there any longer so they are not going to give you sympathy. All they will attempt to do is tick the right boxes so they can dismiss you without legal penalties. They have already started the process by indicating performance issues.

They have to consider adaptation but they are to be reasonable for the business. This could involve offering you to reduce your hours temporarily or permanently, and reduce your salary accordingly. This could very well be deemed to be a reasonable offer.

The law doesn't mean they have to take a hit, clients to suffer, colleagues to be significantly affected, managers overworked because of the impact of your health issues.

It is not your fault that you are unwell, but it isn't theirs either.