Do I have a case?

[purplepidjbauble]

In September 09 I started a new job. In October, I was broken into very aggressively, which left me with anxiety, depression and PTSD. I am still on anti-depressants, the dosage of which I finally got right in May.

I had a lot of days off sick, obviously. I kept trying to go back to work, but found it extremely challenging (I work with people with Special Needs, so it's challenging at the best of times - normally something I love) and would end up in tears in the staff room in the middle of the day etc and have to go home.

I saw Occ Health, who made some recommendations such as transferring me to a different role, and that i clearly wasn't ready to go back to that job as I would just end up getting more depressed and anxious.

In June, I had a meeting with HR, my line manager and my union rep where I was told that they were terminating my (permanent) contract due to my absence. I immediately handed in my resignation.

I know it's a fair while later, and sorry that this is so long, but I'm only just feeling able to deal with this. It seems very wrong to be fired for depression, even though my absence was appalling, when they implemented none of Occ Health's suggestions. Is there anything I can do?

Thank you for reading

Unfortunately probably not due to the short amount of time you worked there (less than a year)and the time lapsebetween them firing you in June and now.

From what you say it was your sick record that was the problem not the condition itself.

I'm confused that they fired you and then you resigned? You can't resign if you've already been fired.

Did you appeal at the time?

Hi - as hairy says, you probably didn't have enough service to make a claim and you are outside the 3 month time limit - plus you resigned and were not fired - so there is nothing to appeal againsgt. You may be able to argue that due to your illness you were too unwell to make a claim against your company within the 3 month period but that would need medical evidence etc. what would you be making a case for? if your illness counted as a disability then it may be disability discrimination - however it seems it is not a long term condition? I would suggest talking to the cab or similar.

it may be best just to focus on finding another job - you would have to jump through hoops to bring a claim against your previous employer - may be better to focus on the future?

You are well outside the time limit anyway, but even if you were still within it, you would only be able to claim unfair dismissal if your illness was considered a disability. You would have needed to appeal your dismissal at the time if it was, and then bring a claim within 3 months.

What have you been doing since June? Have you been working or looking for a job? I do agree with twinterror that focusing on the future would definitely be a better and healthier course of action.

Thanks, everybody. I didn't realise there was a time limit.

I am in a new job which I really enjoy, and with DP who is wonderful so the main reason I haven't done anything until now is because I have been getting on with my life

Thank you very much for the advice, happy new year