Can an employer terminate your employment if you become a patient under the mental health act 1983?

Mel

Your employer can terminate your employment once it has satisfied the legal requirements to offer you a family medical leave of absence for any serious medical condition that prohibits you from performing your job.

open thoughts

Only if you are unable to perform, or if you get fired for something not related to the mental illness.

Expert Realtor

If you have been diagnosed with a bona fide mental illness, then you automatically fall under the Americans with Disabilities Act, and receive that level of protection under the law.

However, there is a catch:

It requires the employer to make REASONABLE ACCOMMODATIONS in order to do your job, however, not every job is it possible to make accomodations for safety reasons/security reasons (depending on the diagnosis) and if they cannot, then they are well within their legal right to terminate.

gilly g

Yes, they have rights too. If you cant do your job then they have that right. They would have to give you warnings first though.

Michelle T

I think 'no' as the condition might well be covered by the Disability Discrimination Act, and therefore they may well have to look at making reasonable adjustments first. Termination is meant to be the last resort.

Hector S

depends - if you are classed as disabled - you will be covered under the disability act and they will have to make reasonable adjustments to accomodate you. If you still cannot return after making reasonable adjustments they can dismiss you through a procedure on capability

Oregon

No, new laws have been passed recently to prevent this. You will come under the Disability Discrimination Act. Check it out.

william l

no he cant its hard to get rid of ppl now a days take ur case to a lawyer as u are willing to still work under ur illness i did it and got my job back and compensation

lee

only if your condition is interferring with your job, and there is no treatment. Also if you are a danger to those around you.

angler

If that happened to me.I'd go mad!

Ask M

yes, because you are unable to do your job

Colonel Obvious AM

An employer can do anything they want. You can possibly fight it if you can prove that you were fired because of your mental state.

employers can get by with anything these days.

thejebus2000

Depends on the state. If you work in a Right to work state they can terminate you for any reason at anytime with nothing you can do about it.

But if your have mental health issues I wouldn't discuss it with the employer and keep it to yourself if it isn't effecting your job performance.

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