Claiming for stress caused due to the incompetence of the employer

[SAPFO]

I had a long running issue dating back to July 2016 with my boss. I filed a grievance back in Sept 2016 to the top union man via email. Long story short, it took until Nov 2018 to conclude. During this period, I was off for 2 periods totalling aprrox 18 months. I regularly attend absence reviews, and OH appointments, and consistently stated, as backed up in my OH medical records, and internal HR emailing I've obtained, that this issue was causing me great stress, and resolving it would enable me to return to work. Initial it was suppressed, the ticket was closed down, without my knowledge, and while I was off work with the issue that installed caused me stress initially.


So an issue that I tried to resolve in July 2016 - Nov 2016 caused me work related stress which saw me signed off. I did file a claim for this, I was very unhappy at the time. Its gone very quiet and I think the solicitor is employer delay tactics to protect the company. If the 2nd claim is valid, I will end this one as they will cross over.


Subsequently, the absolute c*ck up than ensued caused me even greater stress. My reasons for this are:



Taking over 2 years to conclude a grievance. I know of many, even on court records, that were dealt with quicker, and around thew some time. So a backlog is no excuse.

On my return, placing me in a area where I was likely to meet my former manager, after medical advice recommended I am not placed anywhere near.

Ignoring my written request to move to another area due too the ongoing stress caused by the ongoing issue. The move WAS possible, just ignored.

When I was placed near the manager, I started those my cool and requested I see OH. This was refused by the 'non management' bloke who was showing me jobs. He said the process is to contact my manager, who I had the grievance against. I phoned HR. I have the call recording. I told then I feel trapped, and I need to get out of work to see my GP. They said "contact your manager" I told them it is him that is the problem,"well thats the process". Turn out it was an anxiety attack later diagnosed. I was totally trapped. My only alternative was to leave without informing anyone, and face the consequences. I had to stay, but refused to work in that area so was sat in a rest area. I went to the GP, and was prescribed anxiety meds.

I want to claim for the above, can I? Should I scrap the older one and run with this?



If you've read my other posts, you will see I am clearly an unhappy employee invoking my rights to claim due to the treatment I've been subjected to at the hands of this employer and it's management.

[SAPFO]

Any bump on this one?

[SAPFO]

Also to add. Last summer I had a meeting with the union solicitors about a stress claim. They were insistent from the start that there was more or less no point, as I had to prove the company knew they were causing me stress.

Well if I place in a grievance against my manager, sign off with work related stress, attend regular Occy Health appointments, and repeatedly state, and they agree, that this grievance is a barrier to me retuning to work, and while I'm off, said grievance is actually closed without my knowledge, and only reopened 6 months later when I enquire about it with HR. Then it takes a further 18th months to conclude.


Well is that intentionally causing me stress?

[Amethyst]

I've moved you to the Employment forum rather than personal injury as I think it is more a greivance issue. This related to these I think - > https://legalbeagles.info/forums/for...inst-a-manager
https://legalbeagles.info/forums/for...e-doctors-note
Same employer as the thumb/eye/back etc stuff ?

[ULA]

Clearly you have a lot of issues with your current employer, both in terms of injuries sustained at work which appear to be H&S related, the way in which you have been treated in regard to the length of time they have taken to deal with your grievance and the stress that this has caused you, refused holidays, together with them not letting you return to work, despite your GP saying that you are fit to return.

I am wondering if you have a view as to how you would like to resolve things with your employer, is it a return to work or whether in fact you would prefer to maybe think about discussing with them an agreement for you to leave the company on terms that in some way take account of the claims you are currently pursing. In this respect it may allow you to move away from a clearly stressful working environment and give you the chance to find a new position elsewhere with more supportive working conditions.

It is just a thought for you to consider.

[SAPFO]

Not only my own GP, but the company Dr signed me for to return in December.

I was to return. The job pays Ł43k before overtime. It’s pretty much unleavbale. I simply asked for it to be resolved. They didn’t resolve it, and suppressed it. I requested a move in writing to HR via a senior Union rep in Jan 2018. It was an easy move to make, and I’d been promised the move to allay some fears 6 months prior by HR when I returned the first time. My request was ignored.

The place is so big that a ‘fresh start’ is an easy move for them to put into action.

The claims I put in when I was very angry and signed off the first time. I got my medical records and went through every injury I’d had and put them in. It does look ridiculous now I must admit, but I entitled to claim so why not.

[ULA]

I think then if you really want to have a "fresh start" with your current employer, you consider writing and requesting a meeting with HR and if you feel it relevant, someone from the union to accompany you, to discuss a return to work plan given that you are fit to return.

You also need to consider what you want to do about the various claims you have ongoing, yes you feel you are entitled to claim - your perspective but think how this may look to your employer. I am not condoning their lack of process and dealing with the issues but you may be coming across to them as a "difficult" employee given the multiple claims and they are not

managing the situation very well

If you do get a meeting then prepare in advance, confirm your desire to return to work, explain that the situation with your manager is what has been the cause of your stress for which you were off work and that returning but under a different manager, with a system of reviewing your return in an agreed timescale would be a positive solution for you. Try to ensure you remain calm, do not get angry about the situation as that will not help the discussion and will detract from the outcome that you are hoping to achieve.

Hope that suggestions helps.

[SAPFO]

We have had meetings regularly where I have made it clear I am ready to return. In fact, 2 weeks back I was booked in for an absence review with union rep, management, and HR. Prior to the meeting I emailed my HR contact, and asked why I why I have been intentionally kept off work, while the company has released hundreds of workers via a voluntary redundancy scheme for older workers. These jobs have not disappeared, they have filled them with other workers. These are jobs I could have been considered for. HR emailed back saying they have a list of jobs for me to look at, non being from the VR process where I'm likely to find a role considering shoulder tendonitis I now have, The union had already filled those with their mates, and left the rest of people like me.

So in the meeting I'm presented with a list of 8 jobs. I'm happy, and HR suggests Monday as day to start trialing these jobs but, they will ring me Friday to confirm. I get a call, and HR tells me :"sorry, there has been a confusion, the jobs are gone" The union men who organise the labour in 2 different build halls are brothers. So works gets passed around about certain people. I'd imagine that as I pursued the grievance, even after a subtle threat by the head union man on site to drop the grievance, Is guess my card is 'marked', and I'm now battling the union too (I emailed him about this threat later on, so I have a trial)

[ULA]

So from what you have said at the end of your post you do have trail in a new job or am I misunderstanding. If so when does it start?

[SAPFO]

I have the internal email where senior HR, told HR, to tell me not to come in. They don't know I've got that.



Also, when I went off last April, they 'gave' me to another manager to manage the regular contact. He phoned me up, and told me to come to his office on the shop floor for a 'meeting'. Offered no union rep, just me and him.

In my recent SAR, I have emails between this manager, HR, higher management, and union, where he says "had an absence review with MR SAPFO, where I laid down the ground rules for contact, and made him know in no uncertain terms the consequences of not following the process" ....

[SAPFO]

So from what you have said at the end of your post you do have trail in a new job or am I misunderstanding. If so when does it start?

I was offered a choice of 8 jobs, I agreed. They called me up to tell me they had gone, and they will have to 'search again'. There is a tribunal ruling with these where they lost due to not searching EVERY local plant as per our contract says about redeployment. I know for fact there is a secret plant with 60 agency workers, mostly connected to management & union.

[ULA]

If you are satisfied that both the company Dr and your GP have confirmed that you are fit to return to work then you could speak to HR or write to them stating that you have been fit to return to work since xxxx as confirmed by xxx and xxx. The company's continued reluctance to allow you to return to work, thereby retaining you only on sick pay is in fact a breach of contract. Ideally you would like try to deal with this matter on a informal basis and agree a return to work in a new position as soon as possible. Explain though that unless the matter can be resolved swiftly then you will have no option, except if they can inform you of a clause in your contract that allows them to withhold payment, in raising a grievance in regard to unauthorised deduction of wages for the difference between your sick pay and normal wages for the period from which you have been unable to return to work.

I would suggest though that you do really consider this approach to be undertaken in the "lightest" possible manner given my concerns about your current multiple claims with the company and how this is being viewed.

[SAPFO]

I understand how they can ‘view’ me due to the claims. But surely they have to treat me the same. I am actually doing nothing wrong filing these claims. If they see me as a ‘problem’, which may be the case, then that’s unfair treatment.

[ULA]

They should treat all employees fairly. All I am trying to say is that to get what you want which you have said is to return to work then you need to proceed in way that does not detract from this ultimate goal. That is why I have suggested, in the first instance going back to ask for a meeting to discuss returning to work, then maybe if the meeting does not go ahead or there is no a positive progress in getting back to work you can then consider raising the issue as I have detailed at post #12.

[Karen10]

I just signed up an account so I could answer this. What your going through sounds awful and quite similar to my situation.

I have been off work for about 18 months now due to work issues, and I also filed a grievance. This took 6 months and I thought that was shocking, 2 years sounds like a nightmare. Poor you

If you are suffering from stress at work and that has caused other issues such as anxiety you are more than likely covered under the equalities act. You only need to have 12 months of ongoing mental health issues to qualify. Your work will not be able to say that they were unaware of your issues because you filed a grievance but also it will be frowned upon the plead ignorance. They have a duty as an employer to protect your wellbeing. Did they do a risk assessment at any point? If they did they will be fully aware and if they didn't carry one out they could be in big trouble. They can't just ignore something and say they didn't know.

If you are covered under the equalities act they should have given you extra help on things, for example ignoring a desk move is a no no. The fact that you had to request it yourself is a joke but ignoring it is another thing all together.

If your employer is not making reasonable adjustments for you (moving seats, allowing you to report in to someone else etc) and it is having a big impact on your mental health then they could be in big trouble.

I think what you need to do, is sit down and (this will sound like a huge task) but print off all of the emails you've had with them. From the start of when you first complained, all the grievance process and to date. I did it, I'm not going to lie it was hundreds of pages but I then managed to mark everything out and pick out the main points. Things that I thought were important (such as being lied to about things etc) are sometimes really not worth a light as frustrating as it sounds.

According to the acas code, a grievance should be dealt with as quickly as possible, I know you probably don't like your manager but they had a duty to both of you to sort this out asap. Hanging over both of your heads for 2 years is just not on.

Your last incident needs to have been within 3 months minus one day to file for tribunal. I think your main points should be that you think you are covered under the equalities act (only a judge can decide I have been told)

I'm not sure if you have been discriminated against or what they have actually done to you but from your post I can see what they haven't done and that is make reasonable adjustments. I would get another doctors note for time off, if they are not interested in having you back (which is sounds like) you may have a case.

You sound quite stressed, I can see myself in what you have written and by the sound of it, your employer has caused this and it is the worst feeling in the world, so i totally feel for you.

First thing I would do is find out more about the equalities act and see if you think it sounds like your covered.

Print off all your bits and pieces and do a very brief timeline so you can see where it all started to go wrong.

I submitted an SAR, that would then be my next step, you might request any notes where you have been brought up at meetings or any emails you have been mentioned in etc.

But the main thing you need to do is keep an eye on the time, it has to be 3 months minus 1 day from the last incident and claim it as an ongoing case.

I really do truly wish you the best of luck, it is incredibly daunting when you feel so low xxx