Can you be let go if your company is aware you're suffering from depression ?

iMax

Don't know if there's any HR type people on here who'd know this, asking on behalf of my cousin so I don't know *all* the details.

My cousin works in a sales role with a contract company. He was issued with a temporary contract which had an expiry date of end of november, although he was told (verbally) that the contract would be extended.

About two months ago he was diagnosed with depression & was advised to inform the company by his doctor as it's a serious illness.

He did this & they requested a letter from his doctor stating he was fit for work, he supplied them with this & is progressing.

However, he was told this morning that he would most probably be let go next week as he is underperforming (he doesn't dispute he is & in fact says sometimes he finds it hard even to get up some days).

He's wondering if they can legally let him go or terminate his contract before the contracted date as they are aware that he suffers (& is medicated for) depression ? He hasn't really lost any time off work, but is only reaching about 1/3 of target, although he says that very few of his team are hitting target & the team target has never risen above 50% achieved in all the time he's been there.

Shelflife

If his contract allows him to be let go as a result of not meeting his targets then yes they can let him go.

The fact that he is suffering from depression while serious is of no legal concern to the company.

iMax

Even if (as he says) very few of the team are hitting target ?

bbam

iMax wrote: »

Even if (as he says) very few of the team are hitting target ?

Maybe more then he will be let go or maybe he is missing the target by the most, unless the figures are public knowledge it is impossible to be exact... It's possible others are being polite by saying they too are missing out..

I've seen folks leave a meeting with me after getting 0% pay rises and tell everybody they got >10% just to get things going, I've seen the opposite too..

tenchi-fan

He has no case.

It's a temporary contract which automatically comes to an end at the end of the contract period.

wmpdd3

If he has a temporary contract or is employed less than 1 year, then yes he can be let go for any reason. If his contract says he can be let go due to sales performance then this is another reason he can be let go.

OP, I think what you are asking is if they let him go due to their knowledge of his illness, could he have a case for unfair dismissal, the answer is no of he is with the company less than 1 year.

LegacyUser

I was let go from my job few years back because I was suffering from depression and eating disorder never missed a day and sales were great I was told outright that's why I was being let go I was there less than 6 months so couldn't do thing about it. Had to leave there and then was horrible.

tenchi-fan

wmpdd3 wrote: »

OP, I think what you are asking is if they let him go due to their knowledge of his illness, could he have a case for unfair dismissal, the answer is no of he is with the company less than 1 year.

Ultimately, if someone isn't fit to do a job they will be let go, regardless of whether they have been in the company for 10 months or 10 years. the law is "employers must reasonably accommodate people with disabilities to do their job, where the cost is not disproportionate"

Eoin

I'm not 100% about this but I think that depression might actually be considered a disability, rather than an illness. This might change things slightly, so it might be worth looking into.