Am I protected under discrimination law?

[CarrotCrusader]

I'm at the end of my tether with work- literally. It's really making my mental health worse. Depression is worse than ever and anxiety is through the roof. I think about suicide most days as a way out of this torment.

I've been advised to take sick leave. My manager is well aware that I have been struggling with my mental health of late and he knows the effect my workload has had, but nothing has been done about it.

If I take sick leave for my mental health, can work sack me in this time or when I return or discipline me in any way?

edit. Replied to wrong post

Some of it will depend on your work rules around sick and if you have been off sick a lot up to this point. You may be put on a contract of enduring your time off sick improves.Depending on your role they may be in a position to make 'reasonable adjustments' to enable you to continue working in your role. This isn't any gaurantee but I would imagine it is very unlikely anything will happen whilst you are off sick.
Bigger employers are more likely to have things in place around this but if you are one of two people working in a company and you are off for 6months for example, this could change things.
This all sounds very negative- I am sure you will be fine and you are much more important at the moment than worrying about what may or may not happen. Look after yourself first and foremost.

Are they aware of your depression? Is it recognised a disability? Have you been off signed off sick previously? You could raise a grievance that your manager has not responded in a supportive way but you may find they refer to occupational health in first instance. You need to refer to the absence policy to see how it may be relevant to you. Tbh it sounds as if you need to be off regardless of any consequences.

They could argue that you aren’t actually capable the job you are employed to do, in which case they could offer you a job you are capable of which would probably mean lower pay as you’d be doing less.

Thank you. Its an organisation of around 40 employees.

I've been sick ten days previously. Over a week of this is where I was signed off for depression and poor mental health and the other few days due to a chronic health condition.

OP if you have a mental health issue that significantly affects your everyday life - which it sounds like this is - then you have protected characteristics under the Equality Act 2010. If your employer is aware of your difficulties and the fact that they are causing you problems at work, then they need to work with you to identify reasonable adjustments. This could be anything from modified working conditions, a change in duties or a change in hours - anything which could improve the situation for you, but is compatible with the business needs and takes into account the effects on other staff.

Before you consider sick leave read up on your rights - there are various websites giving details of your rights under the Act. Then ask for a meeting with your employer and details what you think you need as reasonable adjustments which will allow you to do your job without the distress you have now. You do not need to have worked the minimum two years which gives statutory rights, and your employer has to show that they have properly considered your needs. If the situation doesn’t resolve and you need to go off sick, then do so. Record any disciplinary action they may take as a result. If you have to resign or they fire you as a result, you may have a claim for constructive dismissal. You can get more information by ringing ACAS and telling them the position.

I hadn't thought of this. Senior managers seem to be of the ilk that you work yourself to death. They all log on out of working hours to get things done.

I absolutely am capable of doing the job but don't have the time due to the lack of staff and managers not helping with the overflow of work.

It sounds to me (not an expert) that you are having thoughts related to your mental state that is making you doubt and dwell on the worst outcomes. I remember my depression at its worst- couldn't get out of bed as that would mean deciding on what to wear. Honestly take the time off you need- your company will want you functioning at your best. If your leg was broken and you couldn't get there for 5 weeks you wouldn't think twice and nor would they. Just because it is internal doesn't make it less of something you need to recover from properly.

Thanks everyone. Some food for thought there.

One thing that also puts me off from going on the sick is that no one will pick up my workload so I'll have it all to come back to. Last time I wad off for over a week, I returned to close to 150 emails and many of those were for me to return phone calls I had missed when I was off.

That would be discrimination on the grounds of disability. OP doesn’t need a formal diagnosis to be considered disabled if her condition meets the definition under the Equality Act. The employer would be obligated to find reasonable adjustment to allow OP to do the job for which she was taken on, and they would have to have good reason for not offering reasonable adjustments which will in these circumstances. Disability is a protected characteristic and you can’t just demote someone to lesser pay because they are experiencing the effects of a health condition.

OP this would be disability discrimination. Your condition has a direct effect on your ability to do your job because of the conditions they are expecting you to work under. Have a chat to ACAS and they will advise you as to how to present a request for reasonable adjustment - which should include them not saving up work and expecting you to cope with it when returning from sick leave, as it exacerbates your condition.

I am quite protected then, aren't I? There are some really good suggestions here, thanks.

My manager knows I experience poor mental health and my last appraisal he basically said to bring my whole self to work towards the end of the meeting, after we'd discussed at the beginning that my mental health is poor at the moment. He went on to say that I'm very bubbly and gave hints for me to tone it down and stop being so nice. He absolutely should know due to the nature of our work that people often hide behind smiles and laughter when they're at rock bottom yet he still went on about my personality. That just hit me right now when I realised this.

You need this time off o.p. Get some distance from work at the moment and then as others have said - reasonable adjustments. Expecting to pick up your missed work is not reasonable if its not possible x