Potential dismissal due to time off sick

[fedupandtired]

I started a new part time job in November last year for a relatively small company - 30 odd employees. I stated on my application form when I started that I have bipolar disorder which, at the time, was relatively well controlled with medication.

Unfortunately in December my mum was diagnosed with terminal cancer and she sadly died end of January. I had a few days off before she died, as we knew she'd only days left and I took time off until after the funeral (a sick note was provided for this, although they didn't pay me SSP).

I went back for a week and a half and was really struggling. My mood, due to my bipolar and obviously the loss of my mum, was horrendously unstable. I kept my line manager informed, was in regular contact with the mental health team and took two weeks off work and again a sick note was provided.

I went back a week and a half ago and have pretty much worked by backside off since then trying to get on top of things. Today the owner of the company told me in no uncertain terms that I wasn't to have anymore time off sick.

Currently my mental health is still pretty unstable but whilst I'm able to work I want to. I can't, however, guarantee that I'm going to be well enough for work from here on in. All I can say is that I'm not planning anymore time off.

I'm still in my probationary period but even so, can they sack me for being off sick? I'd do anything for things to be different but I can't control my mental health anymore than I could control my mum getting ill and dying.

I like my job and think, given the chance, I can do well but now I've got this hanging over me. Any advice gratefully received.

You don't have any employment rights until you have been there a year as far as I aware. While it would certainly be bad practice to sack you, I don't think they would be doing anything illegal. Check with CAB though.

Would I not have a case under the Disability Discrimination Act? If I did I don't think I have to have been there a year.

Not sure, they could argue that you are unable to do the job they hired you to do, but I could be wrong. My employer recently dismissed a colleague for failure to do his job correctly- he had mental health issues and there was nothing he could do as he had only been there three months. He had a full attendance for the first two months, then went off on stress.

Yeah, I suppose it's a difficult one. I'm also being pressured into increasing my hours which I'm happy to do once things are a bit more stable. I'm fullfilling my contracted hours and when I'm there am doing what's required of me but it just doesn't seem enough.

It just seems really low, to possibly sack me for circumstances beyond my control. Aside from this my attendance has been 100%.

I am sure if you continue to do a good job you will be fine!

You don't have to accrue a year's service to be covered by the Disability provisions of the Equality Act - provided that you are suffering from a disability you are covered from the start of your employment. If you are covered by the provisions you have certain protections.

If you are concerned about the stance that your employer is taking I would go to the Citizens Advice and try and get some advice just so that you know what your rights are and so that you can, if necessary, inform your employer, as to your rights. If its a small employer those running the business may not know what their obligations are. It is quite a technical area and its worth trying to get matters clear with some proper advice. There are some guides on the internet that you may find it useful to read in advance of doing this. For example, there is a guide on the TUC website and also some guidance on the Direct Gov website

Thanks montague. My condition is definitely covered by the Disability Discrimination Act.

I shall have a read online and visit the CAB if necessary. It's daft because I really want to make a go of things and I think I could do really well but he's not really making me want to go the extra mile.

I wouldn't say that your sickness was a concern if I were your manager. It's clearly related to a life changing incident. Have you had a proper return to work and asked what they can do to support you not having any time off?

No, no return to work interview, nothing.

With regard to the DDA or equality act which is now the umbrella law for disability your employer should look at reasonable adjustment for your condition , this could include applying their absence procedures more flexibly for you. It does however only need to be reasonable and what applies to a large company would not necessarily be considered reasonable in a smaller business which has more limited resource.
There is good info on DWP website

Thanks, shall have a look.