Guidance needed following long term absence from work due to stress/anxiety

[Tomcat24]

I am hoping someone can give me some advice about a situation I find myself in.

I have worked for my employer for 5 years with no capability issues raised. The department I work in has been in a state of flux for several years - understaffed, several changes in senior management and changes in the management team. Within the wider team I supervised two staff. Both were internal recruits as we were not allowed to recruit from outside the organisation; neither with the desired backgrounds and hence both had capability issues which I had to manage. The team had a very heavy workload which I tried to manage whilst dealing with the capability issues, which were recognised by many. One employee put a grievance against me when I tried to implement to the organisation's capability process to help support them in their role.

Anyway, to cut a long story short I have just returned to work after 6 months off, due to low mood/anxiety. I just could not cope in my role - too much work, two employees who weren't performing and lack of management support for me. I have no doubt that my role made me ill. I asked for help, but didn't get it and the poor performers were just not tackled.

The department has been restructured and I have been deployed into a lower grade role, although my pay has been protected.

I have returned to work. On my first day I was put on a capability action plan and told that I have not been positive enough in my role and am not a team worker. However, I was told, I am competent in delivering all the other elements of my job and getting things done.

There have been other things that have happened, but I don't want to go into detail here.

My question is, can my employer put me on a plan when nothing has been discussed before? His comments are based on a period when I was clearly unwell. I would also be interested to know if I should have had a proper return to work meeting which was more supportive. I have basically been told to 'accept the plan' and 'get on with it' and forget about the past.

I do not want to be on any form of plan. I am 50; I have had an exemplary employment record to date (and have worked successfully in several organisations) and want to protect this.

Thank you for reading!

Any views/guidance that may help me.

[bluebottle]

Re: Guidance needed following long term absence from work due to stress/anxiety

I am hoping someone can give me some advice about a situation I find myself in.

I have worked for my employer for 5 years with no capability issues raised. The department I work in has been in a state of flux for several years - understaffed, several changes in senior management and changes in the management team. Within the wider team I supervised two staff. Both were internal recruits as we were not allowed to recruit from outside the organisation; neither with the desired backgrounds and hence both had capability issues which I had to manage. The team had a very heavy workload which I tried to manage whilst dealing with the capability issues, which were recognised by many. One employee put a grievance against me when I tried to implement to the organisation's capability process to help support them in their role.

Anyway, to cut a long story short I have just returned to work after 6 months off, due to low mood/anxiety. I just could not cope in my role - too much work, two employees who weren't performing and lack of management support for me. I have no doubt that my role made me ill. I asked for help, but didn't get it and the poor performers were just not tackled.

The department has been restructured and I have been deployed into a lower grade role, although my pay has been protected.

I have returned to work. On my first day I was put on a capability action plan and told that I have not been positive enough in my role and am not a team worker. However, I was told, I am competent in delivering all the other elements of my job and getting things done.

There have been other things that have happened, but I don't want to go into detail here.

My question is, can my employer put me on a plan when nothing has been discussed before? His comments are based on a period when I was clearly unwell. I would also be interested to know if I should have had a proper return to work meeting which was more supportive. I have basically been told to 'accept the plan' and 'get on with it' and forget about the past.

I do not want to be on any form of plan. I am 50; I have had an exemplary employment record to date (and have worked successfully in several organisations) and want to protect this.

Thank you for reading!

Any views/guidance that may help me.

Hi and welcome to Legal Beagles.

It doesn't sound that your employer has been at all fair to you or complied with their health and safety at work responsibilities to you, have they?

My gut-feeling is that you need to seek advice from a legal professional. If you cannot afford this from what liquid assets you have, but have home contents insurance, check the policy as a number of insurers offer legal expenses cover for employment disputes as a benefit of the policy. Alternatively, you could try the National Pro Bono Centre, which provides free legal advice and representation.

Hope this helps.