sacked for illness

[Jolantru]

Hi I have worked for a leading supermarket for over 15 years, during this time I have had over 30 periods of absence some only a few hours up to three months. After every absence I have had a return meeting, followed by an investigation meeting these have resulted in things that I or my managers will do, I have always tried to complete my part but often the managers have not completed there side. I have been told that as these are for my benefit it is up to me to make sure they are completed, so I am in trouble when they are not completed. In the meetings I am usually asked what they can do to ensure I come to work. As I suffer from depression and stress it is very difficult to say what will make a difference. I have worked on many different departments which they say is because they have moved me whenever I ask, but I have asked to move once the rest of the moves have been at their request. Recently I have been struggling emotionally and crying a lot, I was taken into a meeting with two managers the meeting was adjourned when I said I wanted union rep present. One of the manager's then started talking about my review and how the new process worked, for some reason I overloaded and walked out for the day. I phoned the next day to say I wasn't going in for a few days, but I didn't phone early enough so when I got back to work I had the usual abs meetings plus an informal discussion for not notifying them. I was still very emotional and crying so was taken into the pm office where she said I had upset everyone and that no way I should have walked out. Since then I have been given a final written warning because of my abs, informal discussion because I burnt myself (no training for job I was doing in nearly two years doing job, previous job 11 months without any training), since then it seems any tiny thing I do is wrong. On Saturday I got up to find my dog was unable to stand and when helped up she quickly fell again, I phoned work to say was there a way I could have day off as I thought I would be having her put to sleep, duty manager advised against that as on final written, so I went into work to try and sort something out, my manager was in a disciplinary about herself, I had to wait for her to come out as nobody else would make a decision. I managed to get hold of her and she said take domestic, dm said I should ask for tl as anything else would be on my abs, my manager said I could have tl but it would be difficult as I was on hol the next week. I took the day as tl and would wait for manager to ring me to say when she wanted me in to pay time back. No phone call came while I was on hols, when I went back to work I was told I had not followed abs policy so should have rung to say I was coming back, also I had another abs so would prob be sacked, they did an investigation into my non notification, when manager said not know I was hols. I did not take union rep as we where having probs getting us all together to do abs meeting, also manager kept saying nothing to worry about, when I got upset she said nothing to upset about, they didn't seem to understand that I didn't know I had to ring in, as I didn't think it was an abs in that sense. I was unable to breathe and shaking badly for the rest of the day as I was feeling I couldn't cope and that they would all better off if I wasn't here, I went to the doctor who has signed me off work, I have been told by PM that it is the worst thing I could have done. I don't feel that I can go back to all these meetings and problems. Can I claim constructive dismissal or bullying? Any advice please.

[cupidstunt]

Re: sacked for illness

How long have you had depression?

http://www.legislation.gov.uk/ukpga/2010/15/contents

[Jolantru]

Re: sacked for illness

How long have you had depression?

http://www.legislation.gov.uk/ukpga/2010/15/contents

I think I have been treated for depression since the mid 80s, but can't remember if I put it on my original application.

[Jolantru]

Re: sacked for illness

I think maybe I should have mentioned some of the things that have happened in my personal life, husband attacked at work and had to retire. Father in law bankrupt, step father in law thought murdered later found to be suicide, moved house 5 times, left partner of 16years, married. Mother in law diagnosed cancer, died 8 months later. 2 dogs had to be put to sleep at dif times. Not sure that's all, but enough!

[SpringerSpaniel]

Re: sacked for illness

Your depression may well be considered a disability as you have been affected by it for this length of time. This would mean your employer has a duty to make reasonable adjustments to help you remain in your job despite this disability. If they are not doing so you may have a claim for disability discrimination. Speak to your union rep about this issue.

[Jolantru]

Re: sacked for illness

I have previously discussed this and my pm believes they have done everything they can be asked to do, this involved moving me to different areas of the shop, although I have never asked them to. Everything else that has been suggested has not been carried out and that then becomes my fault. I was moved to a new store where I felt much more supported and appreciated but as management changes happened things went downhill. I involved remploy to try and get some help, I asked my manager to help me, she didn't which I brought up at next meeting to be told that as I had brought them in they had no obligation to help me with them.