Can I Get Fired Due To mental Health? Watch

Anonymous #1
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I have a job and I passed the probation but I have found that certain elements of the job I will not be able to do at the moment due to mental health reasons. I would get a panic attack on the phone for example and end up hanging up on the client, that is 1 of several issues. Another issue is communting in to work, which brings on panic attacks.

My manager gave me a new job role which means I do not have to answer the phone or work evenings and weekends, which would bring on panic attacks, although he then said my probation starts again and I need to be able to answer the phones and work evenings and weekends after the next 3 month probation.

My questtion is, if I cannot answer phone calls or do evenings and weekends after my new 3 month probation, can they legally fire me? Or would it be illegal as its due to mental health issues?
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Maurizio
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#2
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I don't know the legal answer, but I would say that if they did fire you, that would be discriminatory and therefore could seek a legal challenge, if you are in that position, and want to take it to that level.

But at the end of the day, just tell your boss the truth, I'm sure they will understand.
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cat_mac
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If you’re incapable of doing your job, or your issues mean you aren’t performing well then they might be able to.

More importantly, are you getting help for your anxiety and are you working on it? If it’s badly impacting your work life then you really need to fight it. This isn’t a sustainable way to live. :hugs:
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Anonymous #1
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(Original post by cat_mac)
If you’re incapable of doing your job, or your issues mean you aren’t performing well then they might be able to.

More importantly, are you getting help for your anxiety and are you working on it? If it’s badly impacting your work life then you really need to fight it. This isn’t a sustainable way to live. :hugs:
Hi thank you for your reply

I am trying, I am getting CBT soon but its gonna interfere with work a lot!
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bones-mccoy
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It's illegal to fire you solely for having a mental illness but I'm not sure what the rules and regulations are if you're incapable of doing the job
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Duncan2012
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Did you know about those aspects of the job when you applied for it?

It sounds like the employer is making reasonable adjustments by offering you the new role. What they are or aren't allowed to do will probably be in the Equality Act 2010, maybe worth reading that and if necessary getting some advice perhaps from Citizens Advice? Good luck.
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Tiger Rag
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(Original post by bones-mccoy)
It's illegal to fire you solely for having a mental illness but I'm not sure what the rules and regulations are if you're incapable of doing the job
It depends if they can justify it. They can't fire you "just" because you have a mental illness. But if it means you can't do your job even with adjustments, they can fire you.
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uberteknik
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It's down to the requirements of the job and your performance in executing the roles and responsibilities defined by your job description and terms and conditions.

If the job requires you to use the telephone and you cannot do that, then the company is not getting what you contractually agreed to provide.

Again, if you are asked to work evenings and weekends and that is stated in your terms and conditions, but you cannot fulfil that responsibility, then again you will not meet the job requirements.o

The probation period, allows both employer and employee to assess each other for a good match between your abilities as their requirements.

At any time before the end of the probation, if you have not met their expectations, they will simply terminate the contract as allowed in law as long as it's stated in the terms and conditions of your probation terms. It sounds like your employee is quite reasonable in giving you a new job role, but patience will not be unlimited and they will still judge you are fit for purpose during the new probation period.

The situation is different if you are past your probation and have held the job beyond that statutory time limit for some time where you fully met expectations, but then developed an illness which meant you no longer could perform.

They can still terminate the contract but only after a period of statutory sick leave and a rehabilitation period when you return to work. If your employment is to be terminated, they must give you notice and written reasons why.

Employment law is quite easy, but not well understood.
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koba1990
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I think that they could dismiss you given that you will not be able to fulfil your job role - were you aware of the job description and did it explicitly say your role included answering the phone? If so that’s where they would have you.

I remember a girl at my old workplace, albeit I am not sure if it was just to mental health problems, really panicked answering the phone, so my boss temporarily took her off that duty. Although I think that was initial nerves, but some places can be understanding.
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