Tribunal

[acleady]

I have suffered on and off with clinical depression for 25 years and when I stand back and look at how much I have achieved despite this horrible illness, I am quite proud. But all my efforts to hold down a full time job could come crashing down as I have been accused of gross misconduct at work - being rude to a visitor at a visitor centre I manage. I know for a fact that it was due to withdrawal from duloxetine - which my GP has put me straight back on at a higher dose!!!! I am not an aggressive person and this was very out of character. has anyone else experienced the loss/possibility of losing a job in this way and can the drug withdrawal be a mitigating circumstance? Thanks

[Journeys1]

We are very sorry to hear that you are having such a dreadful time. Here are our initial thoughts, which we hope will help:

First of all does your employer know that you have depression? If they do, what reasonable adjustments were made? Also, do they know about your medication?

Secondly, are you a member of a Trades Union? If so they need to know straight away. Depression is covered by the Equalities Act 2010 - previously the Disability Discrimination Act, particularly as you have a long history of the condition. You would benefit from representation. If you do not have a rep, you can take someone with you. You will need copies of your employer's Disciplinary Procedure. Sorry if you know this all ready. Your employer needs to take account of all the evidence, especially that you are back on the medication and that being rude is out of character for you.

Thirdly, get a letter from your GP spelling out your condition and how your behaviour was affected by the withdrawal from the medication. Below is a website which indicates that hostility is a side effect of withdrawal from the drug.

peoplespharmacy.com/2012/10...

We hope that you find this useful. Please keep us informed of your progress. We certainly hope that all goes well for you.

Journeys

[acleady in reply to Journeys1]

Thank you very much. The tribunal has been put on hold as I am too unwell to attend. All the documentation was given, options were pointed out to me but I am not a member of a TU. I have a sickness certificate for two weeks so I will let you know of any progress. It is good to know someone cares!

[Gambit62]

Really sorry to hear about what has happened.

Can't really add much to the response above.

Your employers disciplinary procedure may allow you to be accompanied by a friend - though they probably won't be allowed to speak for you.

You also have the option of joining a trade union even if you aren't a member at the moment.

[acleady in reply to Gambit62]

thank you for your concern, it is much appreciated