Regret not appealing against dismissal / airing feelings

[goldengirl11]

In a nutshell, I was previously dismissed by a major health care organisation, ultimately because of sickness due to depression and anxiety. However, although I was very upset with the decision, distraught even, I didn't appeal against it. Mainly because I didn't feel that I had enough support on my side to 'win'. For example, the two people who I confided in and who knew the situation over several months (long story), wouldn't have been able to help further, due to my mentor not wanting to get involved because of her connections with management and the Dr from Occupational Health retiring shortly beforehand.

Just to get things out of my system, I've been seriously considering writing to the manager who made the decision on the panel, because the outcome had a great effect on me and, perhaps a copy to my last team manager. Or maybe I should just write to the chief exec (who comes across very approachable) at the hospital? I was also being redeployed within the company, which had so far been unsuccessful (often I was turned down because the job was deemed too stressful for me at that time), yet it was down that I had been repeatedly unsuccessful. I was also advised to get a further sick note, whilst we waited for a couple of outcomes, which only worsened my sickness record.

I had worked there for five years and desperately wanted to stay/get my life back on track.

I cannot just let this go.

[Foxhall]

Did the employer offer you any supports in dealing with the depression and anxiety,

 

was there any facilitation in terms of a reduced workload or reducing you to a 2/3 day week and so on,

 

were you assessed by Doctors at the request of the employer at any stage,

 

Id imagine you may have a case if it can be argued they could have done more to support you,

 

however if they did everything they could but you continued to refuse work, then it may be hard to argue in your favour,

[Flame Aura]

Did you talk to your union at all during all of this?

[Mr. Lucky]

I cannot just let this go.

 

I'm a little confused as to your overall goal.

 

Are you trying to get your job back or looking for an apology/explanation?

 

And if the latter - how does that help you now?

 

Mr. Lucky

[preraph]

I wouldn't do anything more with them. I might write a nice email asking what type of reference they would provide.

 

I just recommend you take this time to deal with the depression/anxiety and see a psychiatrist if you haven't already and really work on it, but keep putting in applications elsewhere. The good thing about healthcare is people are always needed.

 

It's unlikely they would give you a bad review. It puts them at risk. Now, whether the new place would ask how your attendance was, don't know whether they would say. Sometimes all they'll say for legal reasons is how long you were there, period.

 

If you don't feel you can work steadily, see about getting disability. I just imagine you can find some sort of job though. Don't give too much information in interview when asked why you were fired. Keep it short: I was going through a bad time in my personal life, and that's resolved now.

 

But do resolve it. Don't just keep trying to work if you know you can't.

 

You should also look at working from home.

[Eternal Sunshine]

I would put my energy into seeking other employment.

[ufo8mycat]

I cannot just let this go.

 

What you describe is a really difficult situation. Most people wouldn't be in a great position to advocate for themselves when their mental health and are so unwell.

 

Did you seek representation from the union?

 

I would write a letter but would STRONGLY advise against sending it to anyone.

 

Please get counselling for your loss and grief. Sending a letter isn't going to give you the closure you need. Therapy has a much greater chance and may also assist with your other symptoms.

 

If you write a letter I am pretty confident of what will happen having had to manage employees out of large healthcare organisations due to being medically unfit for work. A due process is a long process, regretfully.

 

If you write to your team leader I am not sure if you will get a response, If you do - it might be noting your correspondence and providing options for EAP etc. Not that this is important for you but as the person leading the process, they probably don't wish to revisit it, or may not have the grounds too.

 

The CE - again you might get a polite reply but no one is going to acknowledge any liability, wrong doing or unfairness from the organisation. Will that help you> Or frustrate you further?

 

Are you seeking a different outcome? Or are you wanting to let it go?

[Pastypop]

Contacting them at this point will only make you look foolish. Next time, if you find yourself in this situation, use your disability as an excuse to extend your employment. If necessary, state that you started a new prescription recently that is not agreeing with your system and maybe go through their rehab program. They can’t fire you if you blame your issue on prescribed medication and; because of patient privacy they can’t really prove that you are lying or not. At that point, start the job search and get out of there.

 

Currently, my contract is ending while everyone else’s got extended. I found out two months ago that a health condition I have is considered a disability. I called in sick for a half day two weeks ago and disclosed that I was just diagnosed with this disability and the medicine was making me sick. My contract got extended by a month the next day. I have asked that it get extended three more months until the end of the school year. Hopefully, that will be the case. My disability does not need for my employer to make accommodations so hopefully, all this will work out.

 

In this new working world, we’ve got to be creative and do whatever is necessary to keep food on the table and our homes from getting foreclosed on.

[d0nnivain]

If you have legal grounds for wrongful termination, speak to a solicitor before you do anything. Writing a letter could tank your reputation through the whole industry. You send some crazy letter & the recipient concludes that they dodged a bullet by letting you go, what happens when that person changes companies but remembers you?

[anika99]

I also wonder what steps you took before being dismissed to protect yourself and secure your job? In my company if an illness were preventing me from doing my job to the best of my abilities then there would be several hoops I would have to jump through to ensure I wasn't terminated. For one thing I would need my doctor to fill out some forms regarding why I need a work exception. Just asking for a doctor's note wouldn't be enough. I'd have to have a meeting with my managers and spell out for them my situation and tell them exactly what I need, whether that be short term leave or modified work duties. I would also be required to keep them updated and informed of any changes to my condition. Basically there's just a lot red tape to go through but I'd have to do it if I wanted to keep my job secure.

 

If you did everything by the book and you think they wrongfully dismissed you then perhaps you should seek legal advice. You may be entitled to some compensation. I agree that just sending an emotional letter to someone won't accomplish much

[spiderowl]

I feel for you but don't send the letter. They will not act on it but will defend their actions by criticising your work. You don't need that.

 

In most of these situations, the dismissal is not 'wrongful' in that 'procedure' has been followed. In fact, it is hidden discrimination because instead of supporting staff, employers are often 'managing' them out. I know it is an employer's job to support staff who are ill but quite often that 'support' is mixed with pressure, a kind of disguised bullying that makes the person sicker.

 

If you can show that how they dealt with things made you sicker, then you might have some case for them not protecting your health. The law is really on the employers' side though and people with mental health problems are being pushed out of jobs despite equality laws. It is a scandal in fact, as someone with a mental illness is least capable of defending themselves and fighting back.

 

For you personally, I would advise you focus on looking after yourself and doing what you can to help you get well - seeing a therapist if possible. I know it hurts that you seem to have no recourse. Write that organisation off as one you would ever want to work for again and apply somewhere else when you are feeling better.

 

I am truly sorry this has happened to you.