Redundencey

hi i need some advice,

My employer has announced they are making staff cuts and have given out letters saying i am at risk, they know my situation i was diagnosed with depression and anxiety and tried to commit suicide last year due to the illness, I am finding it difficult to cope with the situation ...

Question i have , surely they should have a duty of care towards this as i have had no support through this what so ever.

I am thinking of seeking legal advice as they know my situation.

Does anyone have or had experience over this .

regards paul

12 Replies

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  • There is quite a lot of legal process around redundancy but your employer sounds as if they are following this. Is there a union where you work and if so would you consider joining it as they will be able to provide support during the process. You might also ask if your employer has a specific redundancy policy as this would tell you more about the process they intend to follow.

    Employers vary very much in the support that they provide I'm afraid - some make counselling available but most don't.

    In terms of legal advise - and assuming you don't have access to a union - the Citizens Advice Bureau may be a good starting point.

  • Hello

    i was medically retired twenty years ago due to chronic pain and reactive depression. Things may have changed now and every employer is different.

    All I can suggest in this case is first and foremost go to CAB and discuss your case it is possible that you may be able to go to a solicitor in employment law for a possible free appointment to work out your way forward. One thing you can do is when you go to the Employment exchange ask to see the Welfare Officer and find out what your rights are as you seem to be disabled, with a mental health complaint.

    Yes the employer has a duty of care, your suicide attempt was about a year ago and it does not mean you are going to attempt the final sanction again, so the employer, depending on your treatment cannot really use that as an excuse. So it would seem that an Employment Tribunal may be the way forward. Whether it is unfair dismissal I cannot say, if it is against disabled rites possibly, that can only be tested in some law.

    Hence what I have explained above, Mental Health can be a little wooley on its own possibly, If they are just getting rid of you for your health problem that will also need to be tested. if the employer is getting rid of a tranche of staff it will possibly be redundancy so payments according to how long you have been employed there will possibly need to be paid.

    If your work is ok and you have a decent sick leave record He really cannot get rid of you for disability, take advise on that, that is why you need to discuss all with your GP and CAB or solicitor. If you have a union they also may be able to give support.

    With me I was put in front of a Health Board at work, I was not allowed to be there, it consisted of three Boards over a six month period. This is why you need to take advice.

    All employers have a duty of care to all their staff, not only to disabled members, if you are still showing signs of a depression that you are a danger to yourself, your GP would know that and you would have a treatment plan. A report from your GP and CPN?, would need to your company Doctor and that could lead to the three board meetings before deciding whether you are a danger or other and unable to perform your work.

    You really need to take advice here as I do not know and am not qualified to advise you, only to give my views

    Good Luck

    BOB

  • It's a toughie, that. Are you saying that because you've had depression you should deserve to keep your job for longer than someone else? Take away any medical history. Where would you stand then? What is their criteria for redundancy? Is it last in, first out? Number of years service for the company? You're possibly on a bit of a sticky wicket playing the 'they didn't support me' card. Did you raise this as a grievance before the potential redundancies were announced? As the others have said, contact your local CAB for some impartial advice if you need it.

  • Hi Lucy how are you? How are things, I just had a long phone call

    With my older sister Lily who lives in Manchester she had 6 children and

    Is a grandmother now, and has been very supportive to me.

    Hugs

    Hannah xx

  • Hey Hannah, I'm doing ok! How lovely that you had that chat with your sister. How is she? And how are you? My Grandma was Lily Bell. Lily is such a pretty name x

  • Yes it is nice her granddaughter is June Lily which is lovely.

    Lucy I didn't have a great week, no big neon reason, but

    Depression can sneak up us so easily. Anyway feel a bit better

    Tonight . It's freezing here and getting colder.

    How are all your family bearing up Lucy?

    Hannah xx

  • We're all doing ok, thanks. I'm a lot less troubled than I thought I was, which has to be a good thing I guess. Always room here in Wales if you want to get away for a day or two! X

  • Thanks Lucy I hope to get over in Spring.

    You are very kind.

    Lucy you are a very strong person but it's good

    To feel supported here too, we all felt for you

    In the last few days.

    You light up this Forum , Lucy.

    Hannah xx

  • Hi Paul,

    I'm not sure how long you have worked in that job, but If an employer is making

    Employees redundant, they won't be taking anyone's medical history into

    The equation. They usually just treat every one the same.

    Are they offering any reduncancy package, I know here if you work a certain

    Length of time, you are entitled to a Statutary redundancy which is so much

    For every year.

    Go to Citizens Advice and talk it over with them. See what benefits you

    Are entitled to.

    Everyone has given you good advice and I live in Ireland so benefits and

    Stuff are different her. Good luck and keep calm.

    Hannah

  • Have you been there over 2 years? You don't generally have rights unless you do. They do not have a legal duty to keep you due to your illness but they might not be able to sack you because of it but they would use another excuse ie amount of time off sick or your work wasn't adequate etc. In my experience employers don't want workers who are ill as they are too much trouble. Good luck anyway. x

  • Oh and it's a myth employers aren't allowed to sack you if you are sick. They can and they do. x

  • Hi Paul, Coping with depression and future job loss cannot be easy - if you have had a letter saying you are at risk then your employer must have a policy in place - ask for a copy. Normally means your Job is at risk

    (your personal health issues are not you are just a number doing that job) Try and not to get angry or upset!!!!!!

    its just a waste of time and not good for your health and depression. Keep calm if you can through the process your skills may be redeployed to another job or you we go through the process your employer has in place. keep calm and carry on (I would put the health issue away out of site during the process---poor sickness records are not good for redeployment chances.)

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