Work have pulled a fast one here.....

[PriorityOne]

Re: Work have pulled a fast one here.....

Thank you so much Jane..... I will look into this. I have only just emailed a full timeline report to my union person, so will see what she comes back with. Fortunately, my employer is unaware that I only joined a union last year so I can bluff my way through Occupational Health when I mention considering a grievance.

When the union person spoke about negotiating a settlement offer, she referred to up until April 2015 as my contract stipulates...... but failed to mention an amount in lieu of health benefits and/or "hush" money to stop me taking my grievance elsewhere. She may mention this in due course but hasn't as yet.

Thank you for your support.... I really appreciate it xx

[tastyjane]

Re: Work have pulled a fast one here.....

Oh my goodness - this is why I have a basic distrust of unions! In my opinion the devil's in the detail - they were ongoing, so therefore still happening! You have come such a long way, making notes is a great idea, particularly in a timeline. Do you have employment law cover in your household insurance? Lots of policies do these days - I think it would be well worth you seeking the advice of a specialist employment lawyer if you can - many will give you the first 1/2 hour for free. Your employer has an obligation to provide you with a safe and stress free workplace and yours is spectacularly failing in that! Constructive dismissal is very hard to fight but if guided in the right way its an avenue I would explore if I was you. You may find that the threat would be enough for them to settle a larger amount rather than face a claim in tribunal.

It seems so unfair that they are making you ill and yet that's the very reason you don't feel strong enough to fight.

Huge hugs my lovely lady.

Jane x

[PriorityOne]

Re: Work have pulled a fast one here.....

**Update**

Spoke to my union this morning who have advised me that they cannot support me with everything because some things were ongoing before I became a member. I have emailed a colleague in confidence to ask if they would join me in raising a collective grievance but he is too scared.... Says it all really.

The union can help with some stuff though, so I am putting a report together detailing what occurred after I joined the union, lack of support over recent events and my diagnosis with a stress disorder because of it. The union person doesn't think my employer will want to settle beyond April but I will still push for longer if it comes to it.

I'll see what they suggest but nothing will happen before I see Occupational Health anyway.

[PriorityOne]

Re: Work have pulled a fast one here.....

You shouldn't care less if your boss is fuming or pooping himself when he gets the GP's sick note because this is all his fault for not protecting you from this situation in the first place and that's that.

Isn't that what bosses are for?

Hang on in there P1

Yes, I hear what you're saying and thank you PlanB..... For the first time in a very long time, I'm needing an awful lot of reassurance to keep going with this. It's stressing the cr*p out of me......... but at the same time, I do feel I'm on the right path. I'm just taking each hurdle as it comes, at the moment. Much the same as when I started out with my debt journey in a way..... and what a learning curve that was!

[PlanB]

Re: Work have pulled a fast one here.....

Have just returned from seeing my GP and have been signed iff now until the end of term..... such a relief!

. . . . My boss will either be fuming when this sick note goes in or will cack his pants 'coz it says work-based stress again.....

You shouldn't care less if your boss is fuming or pooping himself when he gets the GP's sick note because this is all his fault for not protecting you from this situation in the first place and that's that.

Isn't that what bosses are for?

Hang on in there P1

[PriorityOne]

Re: Work have pulled a fast one here.....

Emailed my union last night and spoke to them this morning. The way forward initially seems to be......

1. Go back to my GP for another "unfit" note because the Occ. Health meeting will not happen before my current one ends.
2. Attend the Occ. Health meeting.
3. Wait for the report to come out and a meeting date with my current employer (with a union rep present).
4. Find a way forward.
5. If a way forward cannot be agreed, negotiate a settlement to leave.

Have just returned from seeing my GP and have been signed iff now until the end of term..... such a relief!

I have the appointment with Occupational Health next week but am now wondering whether it would be wise to raise a grievance before that meeting. I read somewhere that I only have 3 months to do it from the date of the actual grievance..... and I don't want to run out of time if that's the route I'm going down. although I could write a long list of them going back 2 years though, if I'm honest.

My boss will either be fuming when this sick note goes in or will cack his pants 'coz it says work-based stress again.....

[tastyjane]

Re: Work have pulled a fast one here.....

Absolutely not! Your sickness record is there anyway but oh details are confidential. No different than seeing a gp or specialist. I feel it will be an advantage being associated, they also won't want the bad PR.

jane x

[PriorityOne]

Re: Work have pulled a fast one here.....

The appointment letter from Occupational Health has arrived and they are connected to my local council, so will not be impartial. That's how it looks anyway.

Should I be worried about this? I'm thinking that if I go for another job with the local authority either now or in the future, this could all get flagged up......

[PriorityOne]

Re: Work have pulled a fast one here.....

Thanks Jane..... I'm starting to feel like all might not be lost after all.

According to my union, I have 8 years continuous service for redundancy purposes..... but 6 years for settlement purposes. If my boss suggests a settlement then contractually, it will need to cover me until the end of April 2015, no question. Health benefits can also be added to this. However, I am thinking of pushing for contractual payments until the end of the academic year; August 2015.... on the basis that I can/will raise a grievance re. working conditions, etc. if not. The union can/will argue that this will give me a realistic timeframe to find another job in education because these are limited to 3 end of term dates each academic year; Christmas, Easter and Summer and the vast majority occur at the end of the summer term. I may not be able to pull this off but it's worth a shot for the 2 years of Hell that I've experienced under this management.

My union said that settlements in schools are very common and they include a good reference, etc...... because they don't like the prospect of staff raising a grievance and the PR it could bring...... so it might be worth playing with, as I have nothing to lose. My boss will not like this at all though! If he negotiates a reasonable offer, then I will go..... 'coz I think I'd be ostracised if I went back there, to be honest. Alternatively, he may suggest I take up a different post at the parent school..... but it's all hypothetical at the moment until that Occ. Health meeting has taken place. I'm just dreading the meeting that will follow but will have a union rep in there with me this time.....

[tastyjane]

Re: Work have pulled a fast one here.....

Settlement payment will usually be dependent on your contract; minimum notice period goes up in levels to a maximum of 12 weeks after 12 years of service - your contract will state your notice period but if you have worked for a company for a considerable amount of time even if they state a month it is worth checking the minimum state notice period IYKWIM. An employer must always pay what is stated in the contract unless it is less than the minimum state requirement.

You will also be entitled to a payment for any benefits you receive ie health cover etc

As part of a settlement I would expect to include a small lump sum to ensure that an employee waives their employment legal rights. Its not usually much, either the same as a redundancy payment or a couple of thousand pounds.

Hopefully you will not have the payment in lieu clause in your contract then this can all be tax free up to £30,000.

Keep your chin up lovely - you have a plan now and it looks like a good one x

Jane x

[oscar]

Re: Work have pulled a fast one here.....

What kind of settlement is normally offered in these situations? If I need to go down this route, then I have to know that I can survive and for how long.

Think it depends on circumstance.

I know people that have agreed full redundancy package - which obviously differs company to company, plus a PILON payment of a month.

[PriorityOne]

Re: Work have pulled a fast one here.....

Emailed my union last night and spoke to them this morning. The way forward initially seems to be......

1. Go back to my GP for another "unfit" note because the Occ. Health meeting will not happen before my current one ends.
2. Attend the Occ. Health meeting.
3. Wait for the report to come out and a meeting date with my current employer (with a union rep present).
4. Find a way forward.
5. If a way forward cannot be agreed, negotiate a settlement to leave.

What kind of settlement is normally offered in these situations? If I need to go down this route, then I have to know that I can survive and for how long.

[PriorityOne]

Re: Work have pulled a fast one here.....

They should be impartial, however in my experience they tend to take the employees "side" when reviewing a working situation. Are they affiliated with the employer or are they using a entirely separate company? If they are an independent company they will have the concern of being sued

On a practical level, if you have kept that diary then take it along - if not write yourself a timeline which monitors your moods and anxiety levels. Make a note of any incidents that add to your pressure during the working day/week. Be open to suggestions and perhaps have some ideas of your own how the working environment can be improved.


Jane x

I'm not sure if they're affiliated or not but think they might be......

I am open to suggestions but in all honesty, doubt that my working environment will improve until they've removed Pinky and Perky from running it...... It's horrendous in there and the expectations from staff are ridiculous, so it looks like there are only 2 options left; they can either transfer me back into the main school and out of this one, where I was before or, pay me to b*gger off, 'coz I will not hand my notice in.

As I now have no new job in the pipeline, I will be bringing my union into this as well.

[tastyjane]

Re: Work have pulled a fast one here.....

They should be impartial, however in my experience they tend to take the employees "side" when reviewing a working situation. Are they affiliated with the employer or are they using a entirely separate company? If they are an independent company they will have the concern of being sued

On a practical level, if you have kept that diary then take it along - if not write yourself a timeline which monitors your moods and anxiety levels. Make a note of any incidents that add to your pressure during the working day/week. Be open to suggestions and perhaps have some ideas of your own how the working environment can be improved.

Jane x

Jane x

[PriorityOne]

Re: Work have pulled a fast one here.....

just had a 'phone call from Occ Health and an appointment has now been made for around 3 weeks time.... Is there anything I need to be aware of before going to this or are they impartial?