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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50181
Experience:  Qualified Employment Solicitor
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I have been under the care of a psychiatrist and CBT since

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I have been under the care of a psychiatrist and CBT since last September and off work sick since December with depression which I believe is caused by the actions of my line manager. I went back to work a couple of weeks ago and have now been asked to go to an occupational health department assessment meeting on the 28th Feb, the invitation calls this a Face to Face with the manager. I assume this is compulsory for me to attend?
Whilst this has been going on I have been given a Year End assessment with the lowest possible grading and pay award. I haven't been shown a copy of this assessment and haven't been able to make any comment on it. Previous years and my mid - year assessment have been very good to exceptional. Can I be penalised on medical grounds?
Your initial thoughts are greatly appreciated.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer: This will be my 14th year
Ben Jones :
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Customer: Thank you.
Ben Jones :

Many thanks for your patience. Whilst it is not compulsory for you to attend an OH meeting, you have to think of the possible repercussions if you do not. For example, the employer could become suspicious as to the reasons for your absence and may also proceed to making a decision on your future based on the information they have to date – if that is not detailed enough or have specific recommendations that they can link to your employment, which OH would usually make, then it could result in a worse outcome for you. As such, if at all possible, you should try and attend the meeting, although if you are unable to do so due to your current health state you can ask for it to be postponed.


In terms of the assessment, then if your performance has been affected by your absence, the employer should have taken that into account and made specific adjustments to account for that. If they have not, and without any regard as to the reasons for your reduced performance they have gone ahead and marked you down, then it could amount to disability discrimination even. So do raise this with the employer.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?


I had a mid year assessment which was fine and an end of year talk in October (they do the figures early!) which again didn't raise any issues. I was told over the phone last week that due to the issues raised in December, I have been awarded the lowest score. In September I saw the Doctor and was put on tablets and CBT, eventually going sick at the end of November as I was becoming more and more impacted. I was told over the phone last week that due to my lack of leadership, I was being given the lowest (Grade 3) for leadership. This rating has a serious financial impact as it limits pay increase and bonus payments. Hopefully this will be sufficient for them to understand, however it is an American Global company, so usual rules don't apply. Thanks for your help.

Ben Jones :

well, American company or not, they will be subject to the English legal system and the laws that apply here, so whilst at first they may not necessarily appreciate what they can and can't do, pointing them to the right legislation (Equality Act 2010) and raising this formally with them may help. In the end if it has to come down to making a formal claim to pursue your rights it may have to be that way, at least then they will have no option but to see what your rights actually are.

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