Termination of Contract

[AndyHGL]

Last year I started a new job, with a probationary period of 6 months. This probationary period was soon up, and when I asked about it I was verbally told it wasn't an issue.

Last November I had a small breakdown in my mental health and was diagnosed with a Anxiety and Depression Disorder and was signed off. my condition deteriorated, but work kept in contact, even to the extent of sending me a letter of support. There then followed an informal meeting where I was told that I had nothing to worry about and could return when I was better. Then HR got involved and referred me to occupational health - I had an interview with them and they submitted a report.

Imagine my surprise to find I was being summoned to a meeting to discuss my 'unacceptable levels of absence during my probationary period'. Outcome of the meeting is that they couldn't wait the further 4-6 weeks for me to return ( and that being a phased return ) and ignored the OH report with the result that they terminated my contract citing that I was still on my probationary period. As mentioned before, I had been verbally told that this was not an issue, but had nothing in writing, also I had nothing in writing that my probationary period had been extended. I feel rather let down to say the least.

So, this all above board as I'd like to know.

Regards

Andy

[ULA]

The straight forward answer would be that unless you have accrued 2 years service you can be fairly dismissed without any reason being given. However there are a few instances where this may become an unfair dismissal situation and that is if you can prove discrimination. You state that you had a "small breakdown in my mental health and was diagnosed with a Anxiety and Depression Disorder." Is this the first time that you have suffered with your mental health? If not was you employer aware of your mental health issues prior to this breakdown?

[AndyHGL]

The straight forward answer would be that unless you have accrued 2 years service you can be fairly dismissed without any reason being given. However there are a few instances where this may become an unfair dismissal situation and that is if you can prove discrimination. You state that you had a "small breakdown in my mental health and was diagnosed with a Anxiety and Depression Disorder." Is this the first time that you have suffered with your mental health? If not was you employer aware of your mental health issues prior to this breakdown?

Thank you for your prompt response. My MH issues haven't been an problem, and were not discussed prior to my appointment, as at the time I did not think it relevant. I think I'll just have to take this one on the chin and move on, however considering I got terminated by a company in the 'top places to work' who parrot about being supportive of those with MH issues, well it leaves a bit of a bad taste in the old mouth.

Thanks again.