How To Claim Compensation If Dismissed Whilst Off With Stress At Work

Dismissed whilst off with stress at work

Dismissed whilst off with stress at work

Have you been dismissed whilst off with stress at work? Did you have a valid sick note and your employer dismissed you while your sick note was valid? If so, you may be able to claim compensation for unfair dismissal while on sick leave. This employment law guide covers all you may need to know about making such claims, including information on what steps your employer should take to help relieve workplace stress, their duty of care towards you as an employee and your rights to make an unfair dismissal claim in the UK if you have been dismissed while on sick leave. We also offer some information as to how we could help provide you with an employment tribunal lawyer who could help you fight your claim on a No Win No Fee basis, which means you would not have to pay legal fees until your case was successfully settled and compensation had been paid out. To find the information you’re looking for, simply click on the relevant section below. Alternatively, if you would like a free case assessment right away, or would like to begin a claim immediately, please call our expert advisors on 0800 073 8801 and we’ll help you get started.

Select A Section

A Guide To Claiming If Dismissed Whilst Off With Stress At Work

If you have been dismissed whilst off with stress at work, you may have been the victim of unfair dismissal. Dismissal while on sick leave is a tricky subject but in general, if you are off work with a long term health condition, ie if your work-related stress has led to long term mental health problems that have kept you from the workplace, your employer is legally obliged to find a way around this, making reasonable adjustments to your work so that you would be able to return and giving you enough time to recover. If you are off sick persistently with stress, or you are on long-term sick leave, your employer should consider any other alternatives before they dismiss you. If they sack you due to a disability (which could include long-term illness, including mental health conditions) they may be discriminating against you because of a disability, which could be against the Equality Act 2010.

This guide is aimed at those who have been dismissed whilst off with stress at work. In the sections that follow, we will discuss employment rights for those who have been signed off work with stress and anxiety. We will also discuss potential compensation payouts for employment law claims of this type, and tell you about how we could help you begin a case for compensation with an employment tribunal solicitor from our panel.

What Is Work-Related Stress?

According to the Health and Safety Executive’s figures, in 2018/19, there were 602,000 workers that were suffering from a new or long-standing case of work-related anxiety, stress or depression. 246,000 workers suffered a new case of stress, depression or anxiety in that period alone. It was also reported that 12.8 million working days had been lost to these mental health conditions in that one year. These are quite staggering figures, especially since it is an employer’s legal duty to look after their worker’s health and safety while they are at work.

The causes of work-related stress could vary. According to the HSE, they could include:

  • Not being able to cope with work demands
  • Not being in control of how they work
  • Not being given relevant information or supported in their role
  • Having issues with colleagues (this could include bullying)
  • Do not completely understand their role or their responsibilities
  • Are not kept engaged when things change at work

Whatever the reason for your work-related stress, your employer should seek to protect your mental and physical health at work. If you fall ill with work-related stress, this could mean you may have to take time off work to recover. If your employer dismisses you for taking time off work for stress in the UK, you may be able to make an employment law claim against them, as this could constitute unfair dismissal. If they have failed to protect your mental health and you have suffered undue harm because of their negligence, you may even be able to make a personal injury claim against them. To find out which type of claim you could make, our employment law and personal injury advisors could help assess your case for free and provide free, no-obligation advice as to the next steps you could take.

How Employers Could Reduce Stress In The Workplace And Help Employees

The HSE has created a resource for employers in handling workplace stress. This resource shows how an organisation could meet its legal obligations to tackle workplace stress. The ‘talking toolkit’ they have supplied list some important conversations employers should have with their employees in order to tackle workplace stress. These conversations include:

  1. Demands – Employees should feel that they have the capability to deal with the demands of their role, they should feel that demands are reasonable and achievable, in relation to the number of hours they work. They should also have the abilities and skills to do their job and any work environment concerns should be addressed.
  2. Control – Employees should have some control over the work organisation and undertaking. They should be able to discuss and have input into their role and should be consulted over matters that could affect their role, for example.
  3. Support – Employees should feel they are getting information and support from colleagues and management, and they should know how to access support should they need it.
  4. Relationships – There should be a method where employees are able to raise concerns about colleagues’ and managers’ behaviour and should feel protected from harassment and bullying.
  5. Role – They should fully understand their role in the organisation and feel able to raise concerns if they have any about any conflicts or concerns they have over the role.
  6. Change – If organisational change is occurring, employees should feel that they are engaged in changes, and kept informed about issues that may affect them.

But it is not just these standards that an employer could follow when tackling workplace stress. According to Mind, the mental health charity, employers could begin to foster a workplace structure that protects staff from undue stress right from induction into the company and beyond, ensuring employees feel that there is a positive and open workplace culture in place throughout the employees’ time with the organisation.

How To Cope With Stress In The Workplace

Coping with stress in the workplace is something that people do in different ways. There are various things that could help. Initially, it might be wise to have a conversation with your line manager about the stress you’re feeling and the reasons you think you may be suffering from stress. Your line manager might be able to help to reduce your workload or solve any pressing issues, which could give you some immediate relief from the stress you’re under.

Other ways of helping cope with work-related stress yourself could include:

  • Prioritise your work and time effectively
  • Develop good working relationships with colleagues (this could help you build a good support network)
  • Say no to extra work if you don’t have the time to do it (but explain the reasons for it)
  • Try to take your breaks away from your place of work (such as going for a walk at lunchtime, for example)
  • Take the breaks and the holidays you are entitled to
  • Try to develop a positive mindset by discussing problems or trying to look at things from another angle

Different approaches could work for different people, so finding an approach that works for you could take some time. If you feel that you could benefit from it, you could speak to your doctor to see if you could be referred, or make a self-referral for Cognitive Behavioural Therapy, which could help you learn coping strategies to cope with stress better.

Are Stress And Anxiety Covered By The Equality Act?

Stress is not an illness as such, but it can lead to illness, and some of these mental illnesses could be very serious and may lead to your mental health condition to be long-term.

Long-term health conditions do not have to be physical to be classed as a disability under the Equality Act 2010. However, classifying your workplace stress as a disability could be difficult.

Stress at work does not automatically classify as a disability. However, stress or stress-related illnesses could be in some cases. The criteria that need to be met for stress or stress-related illnesses to be classed as a disability are:

  • Physical or mental impairment must be present
  • It must have adverse effects of a substantial level
  • The effects must be long term (lasting or expecting to last for 1 year +)
  • The effects must affect day-to-day activities.

According to the Equality Act 2010, an employer cannot discriminate against/dismiss you because of such a disability. If they have, and you have been dismissed whilst off with stress at work that could be classified as a disability, we could help you begin a claim against your employer for unfair dismissal.

When And Why Employees Could Be Dismissed With Stress

In some cases, you could be dismissed whilst off with stress at work. Reasons could include:

  • If an employer has taken necessary steps and taken medical advice which shows there is no reason for you to be off work with stress
  • If all reasonable adjustments have been suggested and you are still unable to return to work.

In these cases, it could be possible to enter into a negotiated exit from work. This would usually involve compensation being negotiated with your employer to provide you with a lump sum and a reference, on the agreement that you would not make any tribunal claim against your employer. We would advise you to take legal advice before taking this step to ensure you are able to put through a strong argument for a negotiated exit. If a settlement agreement was forthcoming, you should obtain legal advice before signing such a document. Your lawyer would also have to sign the agreement.

Could You Be Dismissed Whilst On Sick Leave?

If you are suffering from work-related stress that is causing you significant health problems, your doctor may sign you off work.

How Long Can You Be Signed Off Work With Stress?

If you are off work with stress for less than 7 days, you would not need a note from your doctor. If, however, you are not able to return to work after this 7 days period, you would need a sick note (now called a fit note) to say you are not fit for work. It would be likely that you would need to be regularly reviewed by your doctor to assess whether you could return to work.

Your employer, in these cases, is not legally obliged to keep your job open for you but they must follow a reasonable process in dismissing you. This would involve giving you a fair amount of time to recover, investigating the reasons for your stress, and getting medical advice either from your doctor or through occupational health services. If the reason for your stress-related illness was due to work, your employer would be legally obliged to address such matters to ensure your workplace stress is reduced.

Whether your stress is work-related or not, your employer should take steps to consider reasonable adjustments to bring you back to the workplace. If this isn’t possible, then there may be a fair reason for your dismissal.

If you’ve been dismissed whilst off with stress at work and are not sure whether this would class as being unfair, Accident Claims UK could help to assess your case to see if you could have a claim.

Unfair Dismissal And Your Rights

Your employer, according to the government, must have a valid reason for dismissing you. A fair dismissal would be one where your employer has followed their own disciplinary or dismissal procedures and could include reasons such as:

  • Your capability
  • Your conduct
  • Redundancy
  • Something that has prevented you from being able to do the job you are paid to do (this could include cases where a driver has lost their driving licence, for example)

Acting reasonably

An employer should still go through a reasonable process to ensure the reason was deemed fair, that they had investigated if necessary the incident/s that led to the dismissal, that they followed the procedures set out for dismissal or disciplinary, that they informed the employee of the reasons for dismissal and that they gave a chance for the employee to appeal.

Unfair Dismissals

  • Dismissals that relate to the below may also be considered to be unfair:
  • Forced resignation
  • Taking legal industrial action that lasts 12 weeks or less
  • Requesting leave for adoption, paternity or maternity, or for jury duty
  • Whistleblowing
  • Discrimination
  • A refusal to give up contractual or legal rights
  • Flexible working requests
  • Trade union membership

I Was Dismissed Whilst Off Work With Stress, Could I Claim Compensation?

If you have been dismissed whilst off with stress at work, there are certain eligibility criteria you need to meet to bring a case against your employer:

  1. You need to be classed as an employee of the organisation. Find out whether this status applies to you here.
  2. In terms of how long you would have had to work for your employer before you could claim, there are two different situations that could apply. If you began your job on 6th April 2012 or later, your qualifying period would usually be 2 years, whereas if you began your job before 6th April 2012, the qualifying period would usually be 1 year.
  3. In terms of the employment law claims time limit, if you are claiming for unfair dismissal you would usually have 3 months less one day from the date your employment was terminated if you’re bringing a case through a tribunal.

There are also some general legal tests that your claim should pass. These include:

Whether you were actually dismissed – employer’s might claim that you have been laid off instead of dismissed, which would mean there was a temporary break in employment due to lack of work, but technically, you would not have lost your job.

Whether your employer followed the ACAS Code – While it is not a legal requirement for employers to follow the ACAS code when dismissing someone, if they did not follow the code, this might count against them if the case is heard in an employment tribunal. However, we should mention that if the only reason your unfair dismissal for sickness absence was that your employer didn’t follow the ACAS code, the amount of compensation you would receive could be reduced to reflect this. This is something that is referred to as the Polkey Reduction.

Calculating Compensation For Unfair Dismissal Whilst Off With Stress

There are two types of claims that you may wish to make against your employer if you have suffered unfair dismissal for workplace stress. The first is an employment law claim for unfair dismissal. We have included an alternative employment law claims calculator below that gives you some insight into how much you could claim.

Employment law claim typeMaximum compensation achievableAverage Approximate Compensation
Discrimination claims relating to disability/ability£242,130 £31,000
Unfair DismissalUp To £88,519

The other type of claim you could make could be a personal injury claim if your employer has failed to protect you from workplace stress and the related mental health illness that has developed because of this. This type of claim could be taken through the civil courts. We’ve taken some figures from the Judicial College Guidelines to give some insight into the compensation that could be appropriate for your claim. You could also claim for loss of earnings, and other financial expenses that have arisen from your illness in these cases.

IllnessCompensation bracketNotes
General psychiatric damage - severe£51,460 to £108,620Very poor prognosis and marked problems relating to their ability to cope with work, and life in general, the effect on relationships, and the extent to which treatment could be successful
General psychiatric damage – moderately severe£17,900 to £51,460More optimistic prognosis and significant problems relating to their ability to cope with work, and life in general, the effect on relationships, and the extent to which treatment could be successful
General psychiatric damage – moderately£5,500 to £17,900Marked improvement in all factors above and with a good prognosis.

Contingency Fee Agreement Employment Tribunal Claims

If you’re making a claim for being dismissed whilst off with stress at work, you might not want to pay legal fees in advance of your compensation being paid out. No Win No Fee claims are certainly something we could help you with, and you would not be required to pay legal fees under these terms if your case was not successful.

To begin employment law claims under these payment terms, it is necessary for a claimant to sign a document called a Contingency Fee Agreement before their claim begins. This promises to pay the employment law solicitors a legally capped fee based on the compensation they are awarded, either through an employment tribunal or via negotiations directly with the employer. If no compensation was awarded, as mentioned, you would not have to pay your solicitor any legal fees.

If you would like to make a claim under these terms, Accident Claims UK could provide you with an experienced solicitor who could work on your case on this basis. If you have any further questions on how these types of claims work, please don’t hesitate to get in touch, as we’d be glad to speak to you in more detail about making a claim in this manner.

How An Employment Law Solicitor Could Help You

While it could be possible to make a claim for unfair dismissal through sickness related to stress alone, having an experienced employment law solicitor to help you could make your case much less stressful for you. Not only could such a solicitor help negotiate compensation for you outside of a tribunal in some cases, if it becomes necessary for your case to go to a tribunal they would be there by your side to help fight for compensation on your behalf.

If you’re not sure whether you have suffered unfair dismissal for being sick, we could help assess your claim for free, providing useful advice on whether you could make a claim. In some cases, we might encourage you to begin a personal injury claim against an employer for failing to protect you from workplace stress, while in others we might feel you would be better off making a claim for being dismissed whilst off with stress at work via an employment tribunal. Either way, if we feel you could have a case, we could provide a No Win No Fee solicitor to help you make a claim.

Our advisors are highly experienced in advising claimants in your situation, so if you feel you could have a case for unfair dismissal due to sick leave from stress, please don’t hesitate to call us with your questions and we’ll get you the information you’re looking for.

Begin An Employment Law Tribunal Case

Accident Claims UK would be glad to help you if you have been dismissed whilst off with stress at work. You can reach our friendly, professional team by:

However you get in touch, we’re ready to help.

Employment Law And Tribunal Claims Resources

Learn More About Employment Tribunals – The government has issued some information on tribunals that might be of interest to you.

Finding A Tribunal – You can look for a tribunal near you here.

Stress – NHS – The NHS has issued some information about understanding stress. You can read this here.

Accident At Work Claims – Here, you can read about an accident at work claims against employers.

Workplace Illness – Find out more about claiming for illnesses in the workplace here.

Can I Sue My Employer? – Here is some guidance on suing an employer for personal injury, which could include claims for workplace illnesses, such as stress.

Article By JJ

Edited By MM.