Mental health

[FoxEars]

Hi all, quick question...

Can your employer fire you for not fulfilling your job role of you have already disclosed diagnosed mental health to them?

Please can someone advise

Yes. If it’s a disability then they have to make reasonable adjustments to your role, but if there aren’t any adjustments that can reasonably be made to enable you to fulfil your role, they are not expected to keep you employed indefinitely.

Do you want to say a bit more about what’s happening?

Very broad question can you explain a little more? If you can't fulfil your role with reasonable adjustments they don't have to keep you on.

Thank you for the replies..

I am being encouraged to leave. For my own well being apparently. Have diagnosed severe anxiety to them and am struggling to cope part time with being given a full time work load.

Am being put on a plan to improve performance but when I questioned that I am struggling with work load and mental health , I was told that they'll help me reduce my work load but that I must cope after that as that's what I was employed to do.

It just seems very discriminatory and has upset me a lot.

Apologies for shocking layout of writing.

It's only been in the last few days that I've actually told them that they've done nothing since I told them I have mental health issues and that they've not made any adjustments, that they've now decided to take a small amount off me.

I have to agree that it sounds like it will be better for you if you do leave, as you're not able to do the job that you were employed to do.

(Please don't think I'm being heartless in saying this; I'm just thinking about it from an employer and employee perspective).

I think you should agree

Oops, hit 'post message' too soon ...

If it was me, I'd ask my employer if there was a way that they could accommodate me based on my diagnosis - they might come to the party by offering you part-time hours or diminished responsibility, which may or may not mean less pay. But a job is a job ...

When you were diagnosed, did you give a copy of your diagnosis to your employer? If not, you should do that as soon as possible.

Ok I feel you are a bit desperate in your post and things are spiralling.

Firstly, you are having a period of anxiety. Is it work related or due to short term domestic circumstances?

Secondly, are you getting medical help? Is it helping? What has your doctor said/recommended?

Thirdly, have you reduced your hours and still have the same volume to do, or is the work load just too great?

Fourthly, have you been able to contact your employer and ask for occupational health assessment. Or asked them if they are willing to do X to help you?

Am being put on a plan to improve performance but when I questioned that I am struggling with work load and mental health , I was told that they'll help me reduce my work load but that I must cope after that as that's what I was employed to do.

You can be dismissed on grounds of capability, and it sounds like they are enacting the next step in that process by issuing you with a PIP with tasks that need to be accomplished to demonstrate you can do the job.

IME it puts the employee "on the back foot" being on a PIP, it's the unnatural feeling of being under the microscope and scared to put a foot wrong. That's the worst thing to put someone through when they have anxiety but it's a process that's often one-size-fits-all. Telling you that "you must cope" is to be expected from the employer's perspective, yes they're paying you to do a job, but not helpful all the same.

Sounds like they are moving you closer to dismissal or at least voluntary resignation, whilst ticking the boxes to mitigate against a potential ET claim. Sorry, it can feel like a conveyor belt, and it doesn't seem like they feel there's any justification for a payout at this stage.

It would be worth getting some RW legal advice re a negotiated departure, which would buy you some time to cut and run and find a new job.