Tweet
Hi Team
I resigned from my job with a local authority yesterday due to the stress I was feeling re my phased return to work. All the business support teams (where I work) are currently going through transformation e.g. redundancies, and I have made it clear to my manager that I would be applying for voluntary redundancy.
I returned to work on Friday 10th January after having nearly 6 months off, being signed off by my doctor with bereavement/anxiety/depression after the death of my brother and 2 subsequent family deaths. I have been having regular bereavement counselling and was due to start counselling via the staff counselling service next Thursday. My return to work meeting with my manager on Friday 10th entailed us setting up a phased return to work as follows (I worked full time, 37 hrs. over 5 days)
2 days 1st week (this week), 2 days 2nd week, 2 days third week and 3 days 4th week before returning to my normal hours on week 5. My manager insisted I use my annual leave for the time not spent at work during this return. I made it clear to her that I was not happy about this but felt so stressed I signed the form.
After stewing over it at the weekend I contacted HR via email and wrote the following;
"I believe this [using holiday for phased return] would also need to be agreed by both myself and my employer - you have given me a leave entitlement and if you use it for a different purpose without my agreement, this could be perceived as a breach of my contract with you. If this is the case I may consider raising a grievance to formally complain about your actions. I made it clear to my manager on Friday 10th January that I am not happy/in agreement about using my annual leave in this way, but all I kept getting back is that things are ‘stricter now’ and it was ‘expected’. My manager insisted I needed to sign the return to work form before I left work on Friday as she thought I might not be coming back at all. As I was under stress I signed the form but noted on it that, “I am still unsure what to do re return to work”. Please advise what other options there are re my phased return and time not at work during this period."
HR replied that
"The alternative to not using your leave will be to be marked sick which most employee would want to avoid as it could trigger the sickness absence process. However if you wish to be marked as sick then you should discuss this as your line manager and as long as there is a plan to ensure your annual leave is used before the 31 March 2014 then it should not be an issue. There is no breach of contract as you are being paid for your annual leave and sick pay entitlement whatever situation you decide. It does sound like you need a further discussion with your line manager when you feel up to discussing the matter and hopefully reach a compromise."
The first opportunity I had to discuss this with my manager was yesterday. We had a meeting and I told her I had been in contact with HR and wanted to take days not at work as sick leave, rather than annual leave. She advised that she would be expecting me to do more hours on my phased return if this was the case and seemed concerned that I would want to take a week’s leave following my phased return, making this more difficult for me. I told her that that was not my intention, but I had been advised by HR that I had to use up my leave by 31st March and was more likely to do this by taking a day or two here and there. She said she would contact the HR woman and ask her to reply in writing, which she did to us both yesterday as below
"Further to our telephone discussion I can confirm that ******* can take sickness during her phased return instead of annual leave however this would be subject to your agreement and in line with the business requirement for your service. If ******* does not want to use her leave I would strongly recommend you review the phased return to ensure she is back to full time hours within a four week period (i.e. 2 days 1st week, 3 days, 2nd week, 4 days 3rd week and full time 4th week). I have copied in the employee so that this guidance is clear to you both. If for any reason ******* does not feel she can manage it we would expect medical advice from occupational health to advise differently however until this provided the phased return would continue as is."
I'm afraid this was the last straw for me and, after some thought and much stress/anger I sent the following email resigning. This was sent to HR, my manager and the two managers above her.
Dear All
My manager is aware of how stressful I am finding this return to work. I have made her aware that I am hoping to get voluntary redundancy and that if I don’t get offered it I am leaving anyway – I have been totally honest about this. I feel this phased return is being made very difficult for me on purpose, to force my resignation – as she is also aware that I have been on the verge of resigning anyway, because of the difficulty/stress I have felt in returning.
I find it difficult to accept that a return to work as follows
2 days 1st week, 2 days, 2nd week, 2 days 3rd week and 3 days 4th week
was appropriate for me as long as I was taking annual leave, but now it is to be recorded as sickness this is now not appropriate.
Therefore, I am going to tender my resignation as of now, as this is what I feel I am being encouraged to do, and is what certain people want.
Please find attached my up to date flexi sheet, I have filled in my hours worked today, and leaving date as today. Password is *********
Kind Regards
I packed up my things and left the office, my manager followed me and I told her I was going due to what had occurred, and that it was all in the email. She asked me a few times if I was sure and I said yes.
Any thoughts re this?
many thanks for any help/advice.
suzikins
I resigned from my job with a local authority yesterday due to the stress I was feeling re my phased return to work. All the business support teams (where I work) are currently going through transformation e.g. redundancies, and I have made it clear to my manager that I would be applying for voluntary redundancy.
I returned to work on Friday 10th January after having nearly 6 months off, being signed off by my doctor with bereavement/anxiety/depression after the death of my brother and 2 subsequent family deaths. I have been having regular bereavement counselling and was due to start counselling via the staff counselling service next Thursday. My return to work meeting with my manager on Friday 10th entailed us setting up a phased return to work as follows (I worked full time, 37 hrs. over 5 days)
2 days 1st week (this week), 2 days 2nd week, 2 days third week and 3 days 4th week before returning to my normal hours on week 5. My manager insisted I use my annual leave for the time not spent at work during this return. I made it clear to her that I was not happy about this but felt so stressed I signed the form.
After stewing over it at the weekend I contacted HR via email and wrote the following;
"I believe this [using holiday for phased return] would also need to be agreed by both myself and my employer - you have given me a leave entitlement and if you use it for a different purpose without my agreement, this could be perceived as a breach of my contract with you. If this is the case I may consider raising a grievance to formally complain about your actions. I made it clear to my manager on Friday 10th January that I am not happy/in agreement about using my annual leave in this way, but all I kept getting back is that things are ‘stricter now’ and it was ‘expected’. My manager insisted I needed to sign the return to work form before I left work on Friday as she thought I might not be coming back at all. As I was under stress I signed the form but noted on it that, “I am still unsure what to do re return to work”. Please advise what other options there are re my phased return and time not at work during this period."
HR replied that
"The alternative to not using your leave will be to be marked sick which most employee would want to avoid as it could trigger the sickness absence process. However if you wish to be marked as sick then you should discuss this as your line manager and as long as there is a plan to ensure your annual leave is used before the 31 March 2014 then it should not be an issue. There is no breach of contract as you are being paid for your annual leave and sick pay entitlement whatever situation you decide. It does sound like you need a further discussion with your line manager when you feel up to discussing the matter and hopefully reach a compromise."
The first opportunity I had to discuss this with my manager was yesterday. We had a meeting and I told her I had been in contact with HR and wanted to take days not at work as sick leave, rather than annual leave. She advised that she would be expecting me to do more hours on my phased return if this was the case and seemed concerned that I would want to take a week’s leave following my phased return, making this more difficult for me. I told her that that was not my intention, but I had been advised by HR that I had to use up my leave by 31st March and was more likely to do this by taking a day or two here and there. She said she would contact the HR woman and ask her to reply in writing, which she did to us both yesterday as below
"Further to our telephone discussion I can confirm that ******* can take sickness during her phased return instead of annual leave however this would be subject to your agreement and in line with the business requirement for your service. If ******* does not want to use her leave I would strongly recommend you review the phased return to ensure she is back to full time hours within a four week period (i.e. 2 days 1st week, 3 days, 2nd week, 4 days 3rd week and full time 4th week). I have copied in the employee so that this guidance is clear to you both. If for any reason ******* does not feel she can manage it we would expect medical advice from occupational health to advise differently however until this provided the phased return would continue as is."
I'm afraid this was the last straw for me and, after some thought and much stress/anger I sent the following email resigning. This was sent to HR, my manager and the two managers above her.
Dear All
My manager is aware of how stressful I am finding this return to work. I have made her aware that I am hoping to get voluntary redundancy and that if I don’t get offered it I am leaving anyway – I have been totally honest about this. I feel this phased return is being made very difficult for me on purpose, to force my resignation – as she is also aware that I have been on the verge of resigning anyway, because of the difficulty/stress I have felt in returning.
I find it difficult to accept that a return to work as follows
2 days 1st week, 2 days, 2nd week, 2 days 3rd week and 3 days 4th week
was appropriate for me as long as I was taking annual leave, but now it is to be recorded as sickness this is now not appropriate.
Therefore, I am going to tender my resignation as of now, as this is what I feel I am being encouraged to do, and is what certain people want.
Please find attached my up to date flexi sheet, I have filled in my hours worked today, and leaving date as today. Password is *********
Kind Regards
I packed up my things and left the office, my manager followed me and I told her I was going due to what had occurred, and that it was all in the email. She asked me a few times if I was sure and I said yes.
Any thoughts re this?
many thanks for any help/advice.
suzikins
Comment