Remember that an action brought under the equalities act should lead to unlimited compensation unless that was changed at the same time. Unfair dismissal and constructive dismissal always used to have an upper limit. Get occupational health onside and mention discriminatory dismissal when seeing HR. If HR are any good they will see the large financial risk and start to advise management properly. You need professional advice though.

Still no limit.

what barkm said – if you can’t get an easy move within the company then move out – my wife went through pretty much the same thing and now she’s super happy 🙂 Her problem was a bullying and extremely unprofessional boss and unsupportive management above that. Funny old thing, exactly the same thing happened to two of my wife’s replacements (we still have some contacts there), and we later learnt that her predecessor left under similar circumstances.

I have been there several times with 3 major episodes and periods of absence ranging from 5 to 9 weeks. I am still with the same employer a FTSE 100 company, and have been there 21 years. Thankfully, been ok for the last 5 years, famous last words.

A lot will depend on your own management team and occupational health. After a period of sickness of several months you should be referred to occupational health, and pretty much not be allowed on the company’s premises until they have met with you. Your company have a duty of care, they need to work to that.

Hard to tell what local politics are in play with your own management team, but here’s hoping they are just not experienced in dealing with these cases. They should be taking their advice from HR and Occupational Health and not adminstrating it themselves until you have met with the professionals.

I really don’t see this as a union issue at this juncture.

Thanks everyone. I expected some good advice, and you’ve all come up with excellent advice. Thank you.

If I was an outsider hearing about my situation I’d almost certainly say “quit and move on” too. It is very tempting. As barkm quite rightly says, there’s a real risk that it will totally warp my view of what employment should be about. If it hasn’t already. Having said that, my brain tells me that if I was to move elsewhere, there’s a pretty good chance that it would either be the same or worse from a stress/workload point of view. Added to that, I’d be back to having the minimum annual leave allowance, with potentially much more commuting to do.

Maybe self-employment of some sort is something I need to look at. Or even contracting.

I’ve spent most of this week battling with our so-called HR people – basically just call handlers – who told me that HR won’t speak to me and I need to speak to my bosses boss (whom has previously tried to bully me into giving a member of my team a very negative performance review, despite having no evidence to justify it). Finally got through to someone reasonably senior on Friday, so hopefully they’ll be able to help.

Anyway, just wanted to say thanks to all that have taken time to reply and to offer advice. It is very much appreciated

I know I’m a bit late to this one but just wanted to say I have been where you are.

My battle with depression was very public as was the battle with my senior management over their perception of me and my abilities, which resulted in an improvement required, losing a bonus and being put on a performance plan which if not achieved could have resulted in warnings of all sorts. My HR team were not supportive but my union were, unfortunately they had no influence on getting things overturned.

I had no energy to look for another job so chose to ride the wave.

3yrs on I have been promoted twice since that episode so just wanted to say, the light at the end of the tunnel will appear eventually. Hang in there.

the progress you;re making in thinking about a return to work is good

i am HR – so this advice is hopefully useful

equalies act / DDA – well in time if you continue to have absence then well yes it could be that you’re depression is considered a disability becuase its having a regular impact on your ability to attend work – for now unless you;ve cited it before its potentially the first instance. You’ve managed things yourself to date and it sounds like its not impacted on your absence level.

If its work related then good – if you get my drift – you need to cite that elements of your role have triggered this episode – that way your return to work will be properly managed.

ultimately if your current role cant be changed, theres no alternative and continued absence cant be sustained then potentially yes you could still be dismissed – but HR are scared of this – so play the game

from your initial post you’re self contained and this is good – i am similar but sometimes as people have highlighted (houns) its time to take stock and think – i dont want to do this anymore and its time to move on

beware – its often same shit different people, office, coffee machine…….

2 other suggestions

– talk to your local Mind group. They have probably helped others in your position.

– the Richmond Fellowship is a charity that helps people with mental health issues to find and retain employment. They may also have some experience to help you.

Good luck with ut