Advice needed

[gemmz83]

Hi,

I am needed some advice if possible? At 20 weeks pregnant, I suffered a ruptured womb. I was rushed for emergency surgery. I had to have 5 blood transfusions and am lucky to be alive. Unfortunately my baby boy didn't survive. For a few months after, I handled things quite well. As time went on, things got harder, trouble sleeping, lack of concentration and memory etc. I have been being treated for depression since October with my dosage of tablets being upped twice. I attempted to go back to work in November but found it too much. This set me back further still, unable to shake away the black cloud following me around. I visited occupational health last month, whose report stated I "may be fit for work in the next 4-6 weeks dependant on my medication"
Work have been in contact to arrange a home visit on Tuesday, but because it has been escalated to senior management, a senior manager will be present. My manager also stated that if I'm not back in work by 28th Feb (when my current sick note ends) I have to decide whether I "go down the dismissal route".
Please can someone confirm if I can be dismissed due to depression/bereavement and if so, would I have a case for unfair dismissal? I don't feel ready to go back to work especially with the added stresses of this hanging over me.

Thanks in advance.

So sorry about your baby.

Well you can be dismissed for capability if your employer has reason to believe you may not be fit to do your job is the near-medium future, and if they've investigated whether there are any adjustments that could be made to get you back to work. The cause of your depression doesn't make any difference as to whether a dismissal is fair or not. For it to be a fair dismissal they'd have to follow a fair procedure and their decision to dismiss would have to be reasonable.

How long have you been off work? Since October?

Thanks for your reply. I've been off since June but attempted to go back in November but felt it was too soon. I'm starting to feel more positive but don't want to commit to saying I'll be back come the end of Feb in case I don't feel ready. In the grand scheme of things, I shouldn't really let it get me down but it's hanging over me now.

Well if you've been off eight months it's not unreasonable for them to be considering the possibility of a capability dismissal to be honest.

What does your own doctor think about you going back to work? Are there any adjustments that might help you? Reduced hours?