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UK only please, can i be fired for this?

I have been off 4 times this last year (2008-2009) due to mental health problems. My employers knew and were very understanding the first 3 times. Each time i would be off for 4-6 weeks, was nearly put in hospital for my own safety at one point and this time i decided i need to get better for me and worked very hard with my psychiatrists/mental health nurse and key worker. I have been having therapy and now i feel ready to return to work. I have never felt better and have been really pleased with my recovery. I am even stopping my psychiatrist and nurses session. I spoke to my manager about coming back and they said we needed to talk about my future there before i return to work. I have a meeting with them and now scared they are going to fire me. Are they allowed to fire me even though i have sick note from doctor? I am aware they need to think of the company but i am ready to go back. I have been there for 3 years and have never had any warnings or been in trouble. It is a small company and i did look at my contract and there is nothing on being signed off work. Can they fire me or do they need to give me warning first. Is there any websites i can look at for advice? I have been on citizens advice bureau but couldn't find much. Please any advice would be great as i am getting really worried now ( i am shaking with nerves).

Public Comments

1. they wont fire you, they will just be talking to you about a back to work plan and to see if there are any work related stresses that could contribute to your illness
2. Hi, Doubt they could-Try the site below& also try & visit the citizen advice bureau in person.If you are that worried have a word with a local solicitor-The first hour(check when you call) is usually free. Hope this helps Wolf
3. They cannot fire you for being ill. It is likely that they want to be sure you are fit for return and to discuss ways of helping you adjust for example reduced hours or different positions. I wouldnt worry to much as this stress is no good for you. They may request a certificate from your doctor to say that you are safe to return to work, this will be for your benefit but also for insurance purposes.
4. i dont think they can fire you for that reason but they can suggest a different placement or a subsitute to do your job while you are off... they can fire you if you are unfit to work at all if your condition deterioates.. i wouldent worry to much as that could cause you more serious problems
5. check out www.acas.co.uk they're really good and specialise in employement relations. They can not fire you but if they are a small company who may be struggling due to the credit crunch, they may ask you to take voluntary redundancy as you may be seen as one of the more unreliable members of staff therefore the easiest to lay off. I wouldn't worry though. They cant fire you.
6. Hey!!! I has the same problem last year. I was off work for almost 16 weeks with Depression. I would not worry about this, I am almost certain your work will probably at this stage now give you a warning. Before I went back to work I had an interview with my boss and Hr Manager, I was so nervous. Do not worry too much, as I said they will probably tell you that as you know it is bad for the company to have someone off soo much, but I am sure they will not fire you, they will probably just want to make sure that you are in the right frame of mind to return to work... Good Luck
7. Yes they can fire you but they will need to have gien you a memo (warning) in the past advising you to buckle up etc. The law forbids all employers from firing her employee on grounds of medical. You hold tight...but visit the citizens advise bureau. Good luck
8. are you in the union if so ask them for help and advice , other thing you can do is speak too your GP , also your psychiatrists/mental health nurse . i dint know why you stopped your self going for help i think you should go back for help and see how you feel and ask your employee to give you part time for now and tell them see how they feel about your work and may be they can slowly give you bit more hours . Because you don't want too be too pushy just make sure you know what too except be prepare to face them , be ready for your self make notes of good things you did and bad things you did, and i am sure you will come up with trumps . Don't be nervous because if you are than you will loose your bottle be brave and fight for your rights. good luck and pray too god that he will be with you and help you in this bad times. let us know the out come.
9. I am going to get thumbs down galore for this but i can only speak as i feel. Many years ago employee's were ruthlessly exploited by employers, once employee's got a unified voice by way of unions things changed. In the last 20 years successive pieces of legislation regarding employee's rights and health and safety have brought things into a full circle where employee's have more rights than employers. A lot of this legislation has handicapped many Businesses and virtually put some out of business completely. I think what other responders are saying is very probably true and the company very likely cannot fire you due to your time off work due to sickness. There is another side to this though - i do sympathise with the problems you have had and admire you for the way you are fighting to overcome them, but the realistic bottom line is that a small company just cannot afford a staff member taking about 6 months sick leave in one year and it is ludicrous that they can be forced by legislation to keep on any employee who cannot guarantee regular attendance at their job, no matter what the reason. Many small companies exist just on the right side of viability but it does not take much to push them over the line. This can mean that upholding one employee's legal 'rights' can jeopardise the other employee's jobs.
10. Firstly, yes, regardless of other opinion here, they can fire you. If your illness is a risk to the company, or other employees or it precludes you being able to perform your job reliably and efficiently. Small businesses are not bound by the same rules as larger corporations, they have less in the way of resources, other positions, etc. Secondly, the fact that they have asked you to discuss your future would indicate that they do not want to fire you but need some reassurance as to your progress and the way it might be expected to affect your ability to work etc. You cannot blame them. Go to the interview, be positive, don't assume that they will fire you. They might give you a warning about their inability to keep you on if your health doesn't improve, but more than likely they will simply try to work out a way in which both you and the company can move forward. It might involve changing your role within the company. If so you will have to accept that. Good luck.
11. Hi Hope I hope you got my long long email ok :-) Dont go alone to this meeting. Try to push for a friend if you dont want a colleague, but otherwise a colleague or union rep is ok. They dont have allow a friend but you can try to pass it off as a reasonable adjustment. Remember you are covered by the disability discrimination and act and they can not just sack you and if they do you have a strong case for disability discrimination and wrongful dismissal. Make notes and keep all the letters they send you. I hope my long email helped you. If you want anymore advice email me :-)