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The Global Insight

Can I be dismissed for being off sick with depression?

Author

Christopher Davis

Updated on March 21, 2026

Fired for other mental health reasons But depression is only one condition, which may lead to the question: “Can you fire someone for other mental health issues?” The simple answer is yes, so long as you follow a fair process. If the employee is suffering from severe anxiety or stress, the same rules apply.

What happens if you get signed off work with depression?

If you’re off work for fewer than seven days, you don’t need a sick note for stress and depression. You can ‘self-certify’—this means filling in a form when you return to work. This applies to any sickness, not just mental health issues. An understanding employer will let you call in sick with depression.

Can work contact me when off sick with depression?

Where an employee is suffering from an illness that could be worsened by you getting in contact, then you should carefully consider whether or not it is the right thing to do. Mental health conditions such as depression, anxiety and work-related stress can all be aggravated by contact from an employer.

Does depression count as a sick day?

Let’s get something straight: clinical depression and other mental illnesses are illnesses. They’re not laziness, making an excuse, or a lack of trying. They come with symptoms that make work and other parts of daily life very difficult and sometimes impossible. When severe, those symptoms require sick days.

Can I get sacked for being off sick?

You can still be dismissed if you are off sick. Your employer would normally be expected to allow a reasonable amount of time for you to recover from your illness.

Can I be sacked for being off sick with a doctor’s note?

They can do this even if your illness is genuine, and supported by a doctor’s note, or even if you are better by the time of the disciplinary action. Your employer may ask for permission to approach your doctor, or ask you to see a doctor appointed by your employer for a report to be prepared on your condition.

Can you have time off work with depression?

Some employees may need to take time off for treatment while others could just require a couple of days away from work. It’s possible to return to work before a fit note runs out. In most cases, the note specifies how long you can be off work with depression but employees can return sooner if they feel ready to do so.

Do I need time off work for mental health?

As mental health illnesses are seen as any other illness, employees can take time sick leave because of them. Regardless of the reason of staff being unable to work due to mental health, you should process time off taken as sick leave.

Can my boss contact me when I am off sick?

There is no rule that says an employer cannot contact an employee during a period of sick leave. However, contact should be handled sensitively, particularly where someone is suffering from mental health problems or work-related stress and might find regular contact from their employer distressing.

Can you be sacked while off sick with stress?

Could I be dismissed because I am too stressed to turn up for work? If you are suffering from a significant level of stress, you may well have been signed off work by your GP. Your employer is not obliged, however, to keep your job available for you on an open-ended basis.

What are my rights when off work with depression?

You’ve been given some time off to heal—your boss and HR will respect that. Be sure to assert your employee rights with depression. If you’re signed off sick due to depression, you enjoy protection against discrimination in: Recruitment and selection. Pay, terms and conditions. Sickness absence. Training and development. Promotion. Dismissal.

How often do employees get sick for depression?

This figure puts employees’ average time off work with depression and other illness at around 25.8 days per year. Our previous piece highlighted the process of getting a sick note for depression.

What happens if you are signed off sick due to depression?

If you’re signed off sick due to depression, you enjoy protection against discrimination in: Recruitment and selection. Pay, terms and conditions. Sickness absence. Training and development. Promotion. Dismissal. Redundancy. So, don’t spend the time you’ve been given worrying about your job.

Can you get signed off work with depression?

Can you get signed off with depression? You can get signed off with depression if your GP issues a fit note indicating for how long you will be off and when you are expected to return. However, after they have assessed the situation they may or may not issue the fit note, be honest about your symptoms with your doctor.