Can an employer fire you for being signed off ill by a doctor?

[qustionsquestions]

If someone had been having a rough time lately and had sporadic days off work through illnes and family problems and had 'warnings' about time off.

If that person has been diagnosed with depresion and been seeing the doctor for months and it was getting too much an dthey felt they need a break from work before it really 'got too much' could the employer fire them?

Only I really need this job, I cant afford to be fired but really do feel I need a week away from it all

i think work is often cited as a good therapy for depression! unless of coruse it is the work making you depressed.
pretty sure you couldnt be fired though, perhaps it depends who you work for?

Work for a large retail company, just as a shop worker.

been there long?

tyr yoru occupational health dfepartment,

2 years

i shoudl think you cant get fired after that time.

I don't know about the law but from my point of view it sounds like they didn't fire you for having a few days off sick and being signed off by the doctor but more taking days off over a long period of time.

As much as i symperthise with you because i have been suffering with depression for the past 6 years. However, as an employer, i know how difficult it can be managing stuff and how someone having days off all the time can throw everything up in the air finding cover for that employee. So perhaps they just wanted to employ someone who won't take so much time off because it does cause havoc?

Depression can be very serious but the best way to handle it is to be around people and talk to them. Sitting at home without a job can just make things worse. If it was the job that was making you depressed then perhaps you are better off out of it but if it's not the job then taking days off work isn't going to help you or your employer.

Depression can be a very se

Forgot to add, Having a week away from it all is wonderful during the week off but it doesn't take long to slip back into misery again after the week off.

Without meaning to sound horrible but are you hoping after a week off your problems will disapeer or get easier? You boss could have given you a week off but would that have solved anything?

A week should be fine as not to excessive but yes you can be dismissed for not being available for work through illness.
Sickness is usually split into long term and short term and a large company should have policies for both which you can ask to see.
If you have worked for a company for less than 2 years then you don't have any protection (I might be wrong) If over 2 years then they have to follow proceedures and you should get warnings prior to dismissal ie. be aware when you are given your final written warning.

I' no expert, but I think if they can show you're not physically fit enough to do the job, or that the work is making you ill, that's one of the easiest ways to get rid of someone.

I think you don't have protection in the first year then after that you do.

As an employee with more than a year's service, you have unfair dismissal rights. This means that you cannot be dismissed (well, you can, but you can claim compensation) unless there is a good reason in law.

One of the legal reasons for dismissal is capability. Therefore, if your health is such that you cannot do your job, it may be possible to dismiss you. However, this is normally for long term absence.

Also, as an employee with depression, you are probably disabled and have the right to reasonable adjustments for your illness. This may include being more understanding of periods of absence.

However, I would echo what others have said about thinking about why you want the time off and what it will achieve. If you need a holiday, take some (or ask your boss really nicely for some unpaid leave if you've run out). If you feel that a week will really set you back on track health wise, I'd see your doctor and talk about it. However, I'd be a bit cautious of just going off and thinking it will help. Regardless of your legal rights, I have seen a lot of people who go off sick in these circumstances and never return. Once you've broken the pattern of going in every day, returning can feel like a massive obstacle.

Sounds like you have been in an informal situation. With your boos at the moment just warning you that it is causing problems. If your attendance does not improve they would need to use the company attendance management policy and procedure. If your firm has an intranet site then you are likely to be able to access the policy online. Print it out and read it.

Do make sure that if you have an Health Management/Occupational Health Nurse that you go and see them to see if they can help but also so that your illness is documented. Depression, if it has occured for a period of time, is usually covered by the Disability Discrimination Act which means like Ribenaberry says you should be entitled to reasonable adjustments which could include working shorter days etc.

How much time have you had off in the last 12 months and what was your attendance record like before that?

A large portion of how you are managed through any process is your attitude to working and returning to work. I agree with Ribenaberry that once you leave work for any substantive period of time it can make returning a mountain and many individuals find it hard to return.

Perhaps go back to your GP and push them for some additional support. Can you go to counselling? Are there any other groups that you could attend that could support you? Would working shorter days for a period of time help - could your GP suggest this? It is certainly better than going off permanently and may help you get through what is clearly a bad time.

I also suffered with depression seven years ago (relationship breakdown, family bereavement, stress at work), got signed off and never went back. I found it hard to get a new job as my boss wouldn't give me a reference, even though my job was one of the contributing factors to my depression. (I was a secretary, we transferred from WordPerfect to Word, I asked for a training course as NONE of us knew how it worked, i got put on one after kicking up a fuss and got told not to tell anyone else i was on it - i was also working for seven different people in the office all day every day!!!) I eventually got a job that went temp to perm. Anyway, the point i want to make is that you are not alone. Try antidepressants - they helped me get back on track - ignore anyone who says they are addictive. They are not addictive. Contact the GMB in London (a union) who will help you with your job. Lots of luck.