Can i take any legal stance against my employer

Question

i am current suffering from mental illness an have apts all over with medical professionals, work has recently suspeneded me with out a full explination of whats going on this has cause my mental state to dramaticly worsen after it seemed to be getting better

my doc has said that my employer is acting irrisposably given my currrent mental state, is there any kind of legal action i can take against my employer over this?

Answer 1

Go with Barry B- You have tried to work when ill!

Join a union ASAP-they will give you all the support you need!

Good Luck

Answer 2

If you can afford the legal fees you could consult a solicitor and see if you have a case

Answer 3

Not sure about any kind of legal action (as you haven't said what kind of work you do, I think this could affect your employers decisions), but you could try contacting ACAS

http://www.acas.org.uk/index.aspx?articl...

They should be able to give you some impartial advice

Answer 4

Please dont take this the wrong way but why hasn't your doctor signed you off work? I was diagonsed with depression three years ago and was signed off for 6 months.

Answer 5

If your in the UK, your employer has probably suspended you illegally, unless of course that you have been absent without permission, or that they are saying that you are unfit for work after prolonged problems.

I strongly suggest that you go & see the CAB for advice on this.  

Answer 6

If you are in the US you may qualify for FMLA (Family and Medical Leave Act).  You need to have worked for at least 12 months and for 1250 hours in those 12 months.  Plus your employer needs to have 50 employees within 75 miles of your work location.

If you qualify, then your employer must give you up to 12 weeks of unpaid leave with your job being relatively safe until you return.  

Talk to your HR representative.  If you do not have one, contact the US Department of Labor at www.dol.gov.  You don't need a lawyer as the DOL will fight the case for you.

Answer 7

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

1) for the birth and care of the newborn child of the employee;

2) for placement with the employee of a son or daughter for adoption or foster care;

3) to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

4) to take medical leave when the employee is unable to work because of a serious health condition.  

Answer 8

Go to the citizens advice centre and seek there advice on the matter.

your employer is being so unfair, the advice centre will tell you what action you can take. Good luck

Answer 9

Join the appropriate trade union. They have legal people who will take up your case.

Answer 10

get a solictor.

Answer 11

In the UK there are official procedures that your employer must follow when taking disciplinary action against staff (such as suspension).  Firstly they should inform the employee in writing that they are required to attend a meeting and give full details of the reason/behaviour which has caused this.

You should write to your manager and HR department requesting that they supply you with a letter clearly explaining their actions.

Once you have that I would probably talk to ACAS for advice.

However, please be aware that if an employee has done something such as stealing, the fact that they have a mental illness would not mean that the employer should NOT suspend them.  That would be called positive discrimination.

I am not for one minute suggesting that you have stolen from your employer - just using it as an example to show that an employer would not have to put up with bad behaviour from an employee because of a medical condition.