Forced to Resign - urgent help needed

[ljpurser]

Hi - help!

I've been signed off unfit from work with work related stress for 2 weeks. I had a meeting with my Director to highlight the issues I was having and she told me she couldn't do anything about it and that it was just the way the company works - and that it probably wasn't right for me and to take time to think if I could carry on within the department. I took a document with me for her highlighting several issues including problems with my manager and she wouldn't take it and said that I would need to sort my differences out with her directly before returning to work. I am not comfortable at all with this. She told me to gain a further sick note from my dr and said that she would not allow me to return to work until she felt I had taken the correct steps in combat my stress. Also, I was told that sick pay is at managers dicretion and she would pay for the current 2 weeks sick but no more and that I needed to apply for SSP. I cannot afford not to work, cannot mentally risk returning to work and feel that I have been backed into a corner to resign so that they can replace me in the workplace. Should I resign? I cannot see a way forward and they clearly will not help with my stress issues. Its all on their terms and they know I cant agree to them? Even if I said I would return to work on Monday because I cannot be out of pocket - I don't think they would allow it - meaning my only option is to resign. Are they allowed to do this? The meeting itself have caused further anxiety and stress to breaking point?

[Sapphire]

Re: Forced to Resign - urgent help needed

Don't do anything at the moment, we have people on here that are excellent with Employment issues, someone will be along soon enough.

[Hurricane Puffrose]

Re: Forced to Resign - urgent help needed

Hello and welcome to Legal Beagles

I know the exact person to be dealing with this for you, but first (forewarned is forearmed) I need to ask you a few questions

Are you part of a union (which one?) ?
What kind of industry are you in?
Have you raised a official grievance?
Roughly how many people work there?


BUMPED for millitants attention.

Crossed posts, apologies Sapphy <3

[wales01man]

Re: Forced to Resign - urgent help needed

Very interesting my daughter in law is in the same position exactly i know the is not her but im sure she willbe interested in the forthcoming advice

[bluebottle]

Re: Forced to Resign - urgent help needed

It seems that your director at work is burying their head in the sand in the vain hope the matter will go away. It won't. Your employer has a statutory duty, under Section 2, Health & Safety at Work Act 1974, to ensure you are working in a safe working environment and that includes ensuring you are not exposed to unnecessary stress. If your manager is the root cause of the stress you are suffering, it is your director's responsibility to deal with it and ensure the manager does not engage in this sort of behaviour. Could you please advise us what sort of behaviour you are being exposed to as there are legal measures that can be used to nip this sort of thing in the bud.

[bluebottle]

Re: Forced to Resign - urgent help needed

Very interesting my daughter in law is in the same position exactly i know the is not her but im sure she willbe interested in the forthcoming advice

If you can post up what sort of behaviour she is being exposed to, it will be easier to advise what is the best course of action.

[wales01man]

Re: Forced to Resign - urgent help needed

My daughter in law is treated with contemp by her boss who piles everthing on her and expects her to do work at home which she is not contracted to do she has 2 small boys and wants to spend home time with them she has spoken to HR who were shocked at what they were told shes back at work money is needed its ongoing and she awaits developments in her words her boss is a bitch

[bluebottle]

Re: Forced to Resign - urgent help needed

My daughter in law is treated with contemp by her boss who piles everthing on her and expects her to do work at home which she is not contracted to do she has 2 small boys and wants to spend home time with them she has spoken to HR who were shocked at what they were told shes back at work money is needed its ongoing and she awaits developments in her words her boss is a bitch

Right. The work at home is a breach of contract per se as it is not in her contract of employment. The employer is also potentially in breach of Section 2, Health & Safety at Work Act 1974 (Failing to Ensure A Safe Working Environment and Exposing An Employee to Unnecessary Stress). Depending on how the manager behaves in the workplace, there may also be causes of action under Section 4A, Public Order Act 1986 (Causing Intentional Alarm, Distress or Harassment to Another) and the Protection from Harassment Act 1997. Luckily, there is case law - Majrowski -v- Guys and St Thomas's NHS Trust 2005 - which holds an employer vicariously-liable for the effects of an employee's bullying of another employee. In serious cases, there is a provision under Section 3 of the PHA which enables the victim to seek a "without notice" Prohibitory Injunction restraining their aggressor. However, this is something that should be done with the assistance of a legal professional.

[miliitant]

Re: Forced to Resign - urgent help needed

Hello and welcome to Legal Beagles

I know the exact person to be dealing with this for you, but first (forewarned is forearmed) I need to ask you a few questions

Are you part of a union (which one?) ?
What kind of industry are you in?
Have you raised a official grievance?
Roughly how many people work there?


BUMPED for millitants attention.

Crossed posts, apologies Sapphy <3

afternoon all

before i advise, please answer the questions above

DO NOT RESIGN

ONE MORE QUESTION, HOW LONG HAVE YOU BEEN EMPLOYED FOR

[wales01man]

Re: Forced to Resign - urgent help needed

Update on my daughter in laws situation,
today she had a 1 to 1 meeting with her boss who told her because she is stressed she may not be up to the job and will monitor her from now on

[miliitant]

Re: Forced to Resign - urgent help needed

may i ask how her boss decided she is suffering from stress, is he/she a doctor now

if she is suffering from stress then the employer needs to do a referal to an occupational health advisor or get a report from her GP

management of health and safety at work act 1999

[Hurricane Puffrose]

Re: Forced to Resign - urgent help needed

afternoon all

before i advise, please answer the questions above

DO NOT RESIGN

ONE MORE QUESTION, HOW LONG HAVE YOU BEEN EMPLOYED FOR

I always forget to ask that one

[wabby786]

Re: Forced to Resign - urgent help needed

get a fit note from your GP, then they have no basis for forcing you for sick notes, you want to work, she is not letting you, get a fit note, at the end of the day she is not medically qualified to tell you, that you are not fit to work, so her opinion does not count with regards to your health, go to your GP, get a fit note, scan and email it to her and then say you will be back on any day that she agrees that week, then if they pressure you more with other tactics, use the internal grievance procedure, you should not leave if it has been less than a year

I hope this is straight to the point ...Ive been through hell and I am still going through hell with my work place

and for goodness sake ...try not to let it effect your health, I done the same, its very hard I know, but now you need to try to take there crappy actions with ease...

good luck, I know how it can be