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Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

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  • Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

    Hi all,

    This is a bit of a saga, so apologies for the mammoth post but please bear with me...

    I work for a local authority and have done since 2004. I have had 5 different positions in the eight years that I've worked there, starting from a graduate placement and moving up through the ranks as promotions have come about.

    In 2008, I was successful in being promoted from department A to department B to the post of Policy and Research Officer. A year into this post and I saw a 2 year secondment being advertised in department A. I was successful in getting this secondment and thoroughly enjoyed the job role. During the secondment, another employee was seconded into my substantive post in department B to cover the work. 18 months into the secondment, I fell pregnant. This was unfortunate timing as my maternity leave overlapped the period which would have seen the secondment coming to an end and my return to my substantive post in department B.

    I was informed during my maternity leave that the person who had been seconded into my substantive post in dept B had returned to her original dept and had taken my job role with her. During my maternity leave, I was diagnosed with post natal depression and skin cancer and had to take sick leave at the end of my maternity leave. During my period of confinement, the fact that I knew my substantive post had been given to someone else did nothing to help my mental health. It was not until two weeks before my return to work in Oct 2011 that my line manager phoned me at home informing me that she'd had a 'eureka moment' and had thought of a new job role for me. I was now to be working as a Marketing Officer, a role which I had no experience of and no relevant qualifications for and obviously, quite far away from the 'policy' role of my previous substantive post. However, I needed a job, obviously, and therefore returned to work (I was also aware that if I did not return, I would have to repay maternity pay). I was not issued with a new contract of employment.

    My return to work coincided with the job evaluation process. As my new job profile for the marketing officer role had not been written, I was made to go through the je process on the job profile of my substantive post I.e. the policy officer role, even though I was not doing these duties as the job was being done by someone else in another department. There was no change to my pay scale following the je process, but I did have to sign the necessary je agreements based on this old job profile. However, two months later, when my new job profile had been written, it had to be resubmitted to be evaluated under je. I was informed that if the job was scored and subsequently deemed to be of a lower salary grade, then so be it...luckily, the new job came out at the same grade. I had still not received a new contract.

    It was immediately apparent that this job was creating no 'added value' and that I was either duplicating work being done by other officers or treading on people's toes. During my appraisal, I was not given any further direction and when I asked if it would be possible to receive some kind of marketing training to learn the basic principles, I was informed that there was no such training available internally, no money to fund external training, and that I should shadow someone in the marketing department for a day. My mental health deteriorated in May 2012 as a result of this situation and I had to go back on anti depressants.

    As a result of my mental health issues, I decided to do something positive to help myself and over the summer months, have set up my own business making fabric items, cushions, bags etc. I find it gives me something to enjoy and to focus on. Unfortunately, in August, I was diagnosed with two medical conditions for which I am still on sick leave. They are serious conditions which affect me on a daily basis and am still currently undergoing tests. My mental health has subsequently been affected. Two weeks ago, I received a phone call from my manager stating that it was 'obvious' that I was continuing to work for my home business whilst on sick leave. I did not deny that the business has continued, but affirmed that it was being kept afloat by friends and family as I was simply incapable of doing any work. My manager told me to 'prove it'. I was extremely distressed on the phone and asked what would happen now. I was told that it had been passed to HR and that she had to go as she didn't have time to talk to me. This has sent my mental health spiralling out of control.

    I have been sent to see the Occupational Health Doctor on the grounds of a) assessing whether I can undertake work duties at home as I am 'apparently' working for my home business and b) whether this 'apparent' work has had a detrimental effect on my health. The doctor affirmed that it was not his duty to investigate whether I had been 'apparently' working and he agreed that I am not fit to work. I have asked my step father to liaise with my manager with regards to this, however, my manager has refused to deal with anyone other than me. The Occ Health doctor also recommended that correspondence be directed to my step father due to my fragile mental state, however, today, I have received a letter from the director of the dept also stating that correspondence will continue to be sent to me.

    I feel as though I'm having a breakdown and am on the brink of resigning.

    Can anyone offer any advice on the last chaotic twelve months of my employment?

    sincere apologies for the length of this post
    Tags: None

  • #2
    Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

    i am gobsmacked at your treatment by the employer

    you mention local authority

    have you spoken to the union rep over this

    does not matter if your not in the union but this is a prime example of why you should be

    Comment


    • #3
      Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

      Hi there,

      Yes, I am in Unison, and my Union rep is particularly 'militant'! I haven't engaged with him yet as I haven't received a reply to a letter that my step father has sent in on my behalf. I'm waiting to see what their next move is.

      For added info, my last Sick Paper from the gp stated 'condition worsened due to stress from employer' if that adds any relevance.

      I genuinely believe that this issue will cause some kind of breakdown.

      Comment


      • #4
        Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

        I don't know about you, Miliitant, but the OP's employer seems to be paying scant regard to H & S legislation. Disregarding what an OH physician has said has to rank as lunacy.
        Life is a journey on which we all travel, sometimes together, but never alone.

        Comment


        • #5
          Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

          Have to say that they can not take action against you for things you do outside of work. Simply inform them that your home business is simply a hobby for which you earn only a tiny income from. Also get your doctor to write a supporting letter of the benefits such hobby has and how therapeutic it is in regards to your current medical conditions i.e. helps relief/lower stress and keep your mental well being more stabilized. Where without such hobby, your mental health would deteriorate further due to boredom and increased amount of time worrying about your health which said hobby helps take your mind off.


          Now on a second note i need to establish with you how you run your business as there is a clear defined difference as to what they may rely on calling a business and what is merely a income generating hobby. So how do you sell your items? Are you trading under a limited company, trading name or as a private seller? What sort of income does the business generate for you, more that employment support allowance (whether your on it or not) or less than? If how much more or less?

          You may Private message me the answers if you are not comfortable discussing income etc on the thread.

          My thoughts are they are trying to find grounds to dismiss you, but by doing so they are playing a risking game that they will likely lose from what you have told us so far.
          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

          The Governess; 6th March 2012 GRRRRRR

          Comment


          • #6
            Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

            Yes bluebottle, my thoughts exactly

            Management of Health and Safety at Work Regs for a start.
            We need to nip this in the bud so i am putting my legal and medical hat on

            now how long have you been suffering with this condition and do you have a copy of the
            OHS REPORT
            (i take it then thats ATOS)

            it will state if they consider your condition falls under the Equalities Act or not

            that is most important as you will then have "protected characteristics"

            Comment


            • #7
              Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

              Thanks so much for the replies.

              Right, this hobby of mine generates around Ł100 a month, however, that isn't profit as I've bought a new sewing machine, fabric etc and so will need to trade for a considerable amount of time to turnover a profit. I have registered as self employed with hmrc and I have a website that a friend set up for me.

              I have also been informed by my manager that I am to stop all business activity as I have not filled out a declaration of interest form. Now, I queried this with her in June when I was initially setting up the business and she informed me verbally that I did not need to fill out a dec of interest form until I registered the business with Companies House. I informed her that the business would not be a limited company and would therefore not be registered with companies house, she then said that I did not therefore need to fill out the form. She has said in a letter sent to me that it is part of my contract that any other paid work outside of the local authority employment needs to be approved by the relevant head of service. I have not been provided with a copy of a contract since I took up this boondoggle of a job she created for me. The thing is, both she and my head of service have both purchased items from me and have been aware of this business from the beginning.

              The OH report states that the skin condition alone, i.e. the skin cancer I suffered during my pregnancy, would fall under the equality act.

              thanks again

              Comment


              • #8
                Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                The OH report states that the skin condition alone, i.e. the skin cancer I suffered during my pregnancy, would fall under the equality act.


                this is bordering now on constructive dismissal after that statement above
                a complete break down of trust between the employer and employee

                you have protected characteristics because of that OHS report

                YOUR LOCAL REP IS NOT EQUIPPED TO DEAL WITH THIS

                ARE YOU IN THE UNION

                the only time you would need to declare an outside interest is if you did a driving duty due to the working time regulations
                Last edited by miliitant; 19th October 2012, 12:01:PM.

                Comment


                • #9
                  Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                  Yes, I'm in Unison

                  Comment


                  • #10
                    Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                    this is what you need to do

                    phone union HQ
                    ask to be put through to the Equalities Officers Dept and tell them everthing, especially about being covered under the Equalities Act (OHS report)

                    UNISON
                    UNISON Centre,
                    130 Euston Road,
                    London NW1 2AY

                    Telephone: 0845 355 0845.

                    this is way above your local reps pay grade

                    something like this, even i would consult with union HQ, and i have a diploma in Employment Law

                    thats how serious i judge this situation

                    any problems get back to me and i will advise

                    Comment


                    • #11
                      Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                      Thanks so much.

                      Could I just check one thing with you please? The skin cancer was a condition that I had in Feb/March/April of 2011 and thank God, I've had the all-clear, although am still being checked regularly. I'm assuming that as the OH doctor has put it on the form that its still relevant to this situation?

                      Comment


                      • #12
                        Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                        I DO NOT WANT TO START GETTING INTO YOUR PROBLEMS AS SUCH BUT IT SEEMS YOUR CONDITION GOT WORSE DURING YOUR PREGNANCY

                        (POST NATAL DEPRESSION)

                        I AM NOT A DOCTOR AND NOT QUALIFIED TO GIVE ADVICE BUT I HAVE DELT WITH THIS ON QUITE A FEW OCCASIONS ON BEHALF OF MEMBERS

                        TO BE COVERED UNDER THE EQUALITIEA ACT YOU MUST SATISFY THE FOLLOWING


                        You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities

                        What ‘substantial’ and ‘long-term’ mean

                        • ‘substantial’ is more than minor or trivial - eg it takes much longer than it usually would to complete a daily task like getting dressed
                        • ‘long-term’ means 12 months or more - eg a breathing condition that develops as a result of a lung infection

                          IN MY PROFESSIONAL OPINION YOU FALL UNDER THE EQUALITIES ACT BUT TALK TO HQ AND BE HONEST AND TELL THEM EXACTLY WHAT YOU HAVE PUT IN YOUR FIRST POST

                        Comment


                        • #13
                          Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                          I will, thanks.

                          any advice with regards to the actual secondment/substantive post/job evaluation mess?

                          Comment


                          • #14
                            Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                            Right the income your generating is less than what you would earn on ESA so it is nothing more than a hobby. The fact they have purchased from you supports the fact they are happy for you to have said hobby based business. If they have not provided you a new contract when within the first 2 months of taking up the new position then they are in breach of the employment rights act 1996, which clearly states a written statement (terms of contract etc) must be given to the employee within 2 months of starting employment, or in your case new position. You are right in that you do not need to fill in a declaration of interested form, as that does not apply to businesses that are not registered with companies house. So you are in fact a sole trader, simply trading in what you produce as part of your hobby. She/he also can not now say that you do need to fill one in as they are prevented from doing so by the laws of estoppel (which prevents them from changing their mind at a later date after they have already given you a decision) - the fact they purchased from you knowing you had not filled in a DI supports the fact she had told you you didn't need one.

                            As others have said they are in breach of H & S.

                            As for them refusing to deal with your step farther.

                            Simply send them a letter titled Notice of appointment of legal representative. Stating:

                            As from the date of this letter, i hereby legally inform you that my appointed legal representative is MR xxxx, therefore all future correspondence must intended for myself Mrs/Miss xxxx must be sent to Mr xxxxx - The address in which to send said correspondence is as below:

                            (enter address)


                            Note that should you fail to in your legal obligations to send correspondence to my appointed legal representative Mr xxxx and instead continue to send to my self of contact me directly by phone or email, i will deem your actions in breach of protection from harassment act 1997 along with a being in breach of your legal obligations to respect my request to forward all correspondence to my appointed representative. Not only that, but i am sure you are aware that your actions and your claims specifically in relation to my hobby based income, which you claim to be a business when i am nothing but a private seller selling items produced as a hobby and making far less net profit from a month than what i would be entitled to on ESA (should i be entitled to claim). Do nothing but worsen my mental well being and add unnecessary stress. Such actions may well be in breach of your duty of care to your employee, thereby putting you in breach of contract - Which by the way, as i have not received a contract within the first 2 months of starting the new job position (enter job title here), puts you in breach of the employment rights act 1996 for failure to provide written statement of employment (Contract). As for my need to fill in a declared interested form - Well i was verbally informed that their was no need for me to do so by (enter managers name) due to the business not being a registered company with companies house, which since its merely a hobby it is never likely to be a registered company. Now (enter managers name) is saying that i was contractual obliged to fill in the Declared Interest form, though without a contract, due to you not providing one i would not be aware of this, neither have i seen anything in company policy to back up such claim. Also as (enter managers name) verbally stated originally that i did not need to fill in such form, then the local authority is now estopped under laws of estoppel from now claim i do need to fill in said form.

                            I am more than aware that your recent actions are specifically designed as a ploy to dismiss me using my hobby based business, which i have continued whilst on sick leave due to its therapeutic benefits in regards to my mental well being and my current medical conditions, as an excuse to dismiss me. I must warn you that your actions so far, may well amount to a breach of the equality act, which covers mental illnesses as well as conditions such cancer, and such a dismiss or any disciplinary action against me, which you are clearly looking at taking, would not only amount to unfair dismissal, but also a breach of the equality act giving grounds for a claim to be taken to tribunal for unfair dismissal and/or disability discrimination under the equality act 2010. I'am sure i do not need to remind you of how expensive such a tribunal claim could be for you should you lose.

                            I look forward to here from MR xxxx what your response to this letter will be.

                            Yours Sincerely



                            Send them they above, as i suspect once they realize the cat is out of the bag and you know what they are up to that they will back off and start being more supportive towards you. As i sounds to me they are purely, like all stupid employers that think they can simply get rid, relying on you not knowing your legal rights.
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

                            Comment


                            • #15
                              Re: Secondment, maternity leave, sickness, contract, job evaluation...need I go on!

                              crikey tboy

                              you got bionic fingers typing that fast

                              but i think your assumptions are correct in that they are looking for a reason to dismiss without following correct redundency procedures and relying on the posters ignorance of employment legislation

                              Comment

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