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

[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......

[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.....

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.....

[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.....

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!

[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.

[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.....

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.....

Morning, the amount for health benefits will be relatively small - we pay about £40 a month for private health cover per employee a month so if your notice period is 3 months then it will be £120. You would be due a payment in lieu of pension during your notice period too - that would depend on your pension scheme but if you look at their pension contribution on your payslip and times it by numbers of months notice it will give you a figure.

With regards to a settlement payment, if this was me I would be expecting a payment of statutory redundancy, the government site .gov will calculate that for you if you put in your age, average wage, years served etc, my notice monies (hopefully in lieu and gross) and also a lump sum in settlement. Now that sum will depend on what they are prepared to pay to be "rid" of you If they have any sense they will see a constructive dismissal claim looming and will be sensible on what they offer - I doubt it will be 10's of thousands but I would hope for 6 months gross pay if I was in your situation - it may take you 6 months to get well and find another job due to the stress they have caused,

I would go back to the union and ask why an on going issue can not be included; OK it started before your union membership but it is still causing stress and anxiety - I can see absolutely no argument for them to not include it in their handling of your case.

I honestly do think you need to just run it past a good employment lawyer - they are worth their weight I believe although I think we pay about £400 an hour for ours at work at the moment! Having said that someone to review and advise on what level you should go in at would be worth it I think. As I said before lots of home insurance now covers employment law advice so its worth checking.

Jane x

[PriorityOne]

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

Right..... I have just typed up some suggestions to to take along to Occupational Health next week.. There are 10 action points for management to put in place..... they're not going to like this at all but tough sh*t.

There is also an option for them to second/transfer me out which would be easier all round, as I do not want to return to where I work now.

If nothing can be agreed re. a secondment/transfer, I will go for the grievance option through the union (for now at least) but a lot depends on how supportive Occ. Health turn out to be.

Feeling much more positive now thanks to the support/guidance on here..... xxx

[cymruambyth]

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

Good to see you feeling more positive. Having an action plan with alternatives makes you feel more confident. Good luck next week.

[PriorityOne]

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

Thank you Cym.....

[PriorityOne]

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

Well, Occupational Health were incredibly supportive...... and I think the report will backfire on my boss like good karma should. Occ. Health have recommended that he carries out a risk assessment for all staff re. stress in the workplace and make sure that controls are put in place in line with HSE guidelines.

Responsibility has been placed firmly at his door for all sorts..... and I have just forwarded a copy of it to my union. Alongside other evidence that my boss knows nothing about as yet, I'm hoping to raise a fairly powerful grievance against the place.

I only hope my union are as good as I'm banking on them being..... I'll find out soon enough.

[Undercover Elsa]

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

Good luck P1 xx

[PriorityOne]

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

Thanks Elsa My next step is to check my home insurance to see if I can get employment law advice, like Jane suggested earlier.....