Termination due to depression

The major widespread diseases include not only cardiovascular disease and diabetes, but also depression. Almost one in two people who have to apply for early retirement suffer from it. This shows how important it is to do everything possible to counteract the triggers of depression. Experts divide these into neurobiological and psychosocial causes. In addition to a change in the stress hormone axis - due to neurobiological causes - these include experiences of loss, chronic overload and bullying - on the psychosocial side.

Depression: illness at a young age

Unlike cardiovascular disease, diabetes or back problems, depression often occurs at a young age. It can therefore lead to permanent early retirement or temporary retirement at an age when there is only a small pension entitlement. If depression is compounded by well-founded existential worries, a more than unhealthy cycle sets in. Further stress arises, brooding and insomnia are additional triggers and symptoms at the same time. It can even be vital for those affected to break this cycle, both at a personal and professional level and through targeted treatment.

Dismissal due to depression - parallels to bullying

Studies have shown that certain types of people are more at risk of depression than others. This is precisely the group of people who are also more likely to be victims of bullying, namely insecure, performance-oriented, over-correct and self-sacrificing people. As with bullying, women are more affected than men. This multiple burden is one more reason to act in good time, indeed preventively, in order to avoid a continuation of the illness and a resulting dismissal. Of course, other triggers such as experiences of loss, trauma or genetic predisposition also play a role. In contrast to these causes, however, targeted action can be taken in the case of triggers in the workplace.

Scientists have found that toxic workplaces can lead to a three times higher rate of illness. It is therefore essential that not only those affected seek treatment themselves, but also that companies do everything they can to prevent toxic workplaces and avoid dismissal due to depression. This includes measures against bullying as well as in-depth employee interviews if there is a suspicion that the changes noticed could be depression.

Dismissal due to depression - what employers need to know

Despite all the awareness-raising work in recent years, there is still not enough knowledge about depression. Suffering from depression does not necessarily mean that employees are sitting in a sad corner. Irritability, concentration problems and listlessness, for example, are typical signs not only of overwork and burnout, but also of depression. Speak directly to those affected if you as an employer or manager notice such changes.

In addition to medical treatment, company measures are useful, such as offering the employee another job if they are unable to cope due to illness. Employers should also check on their own initiative whether the working atmosphere is still good or whether there are signs of bullying. Openly addressing the illness and the resulting problems helps to avoid dismissal - which is not wanted by either party - due to the protracted illness or bullying in the workplace.

Communication with the employee - Depression

An open atmosphere, informing the works council and - after consultation with the sick employee - the workforce are important pillars that protect you as an employer and are helpful for those affected. You can acquire the necessary basic knowledge on the subject of depression on portals such as Deutsche Depressionshilfe or the BKK umbrella organization. They also offer training on how to deal with sufferers. You can find out how to comply with your duty of care under employment law in a detailed consultation with our competent lawyers. The following topics, among others, are of legal relevance:

Preventing bullying in the workplace
Termination of the mobber(s)
Offering another workplace
Reintegration after a longer period of absence due to illness
Continued payment of wages and sick pay
Dismissal of the sick employee

In individual cases, protecting yourself as an employer and fulfilling your obligations under Section 241 of the German Civil Code (BGB) can mean knowing about emergency situations and possible suicide risks in the workplace so that you can act accordingly. If you do not see any long-term possibility of continuing to employ affected employees for operational reasons, dismissal may be an option. Here, too, you should know what options are available to mitigate the severe impact on employees that a dismissal means. Depending on the employee's age, partial retirement options, a sabbatical year or a reduction in hours could be a solution. We would be happy to advise you on how to find a solution tailored to your company and the employee who has fallen ill.

We will check your chances of success free of charge!