Workplace Stress

[hastings100]

Late 2012 I lodged a formal Grievance of Bullying and Harassment against a work colleague. To date I have not had a decision in this case.

Due to the Stress and Anxiety of my case, I had to take a number of months off of work. On my return to work in spring 2013, I formally complained of further incidents of low level Harassment.

I have had a negative response to these further complaints from the Management, in fact I have one letter from a Senior Manager who has threatened to close my office due to ongoing issues. He then goes on to give a number of reasons why he wants to shut our office. All of these reasons are linked to my Grievance case.

The amount of time it is taking to give me a decision and the ongoing campaign of harassment, has taken a toll on my health and again I feel as though I may need to go off work with Stress.

As you can see by the dates, this grievance has been going on a long time.

With out going into to much detail could I sue my employer for the Stress and Anxiety this is causing me and my family

[Johnboy007]

Re: Workplace Stress

Hi,
The first thing to do is ask your employer for copies of the companies grievance, disciplinary and appeals procedures.
You do need these. Make sure you read them.
You should certainly have had a decision by now, on the 2012 grievance complaint.
Most procedures have time limits.
If you do not stick to the procedures, then you have no chance of winning your case.
One trick I used when I was a shop steward, was to raise further grievances.
Providing you stick to the rules, then you are perfectly within your rights.
For example,
The employer fails to respond to a complaint in the agreed time.
Raise a grievance to complain about the breach of procedure.
Now the company has two issues to contend with.
If you do not receive a satisfactory answer, then take it to stage two of the procedure.
If you do not receive a reply within the time limits, then raise another grievance.
Employer now has three issues to contend with.
They soon get the message.
Get an updated letter from your doctor as to your condition, and if it is stress related.
Raise a new grievance with your employer complaining about their failing to address the grievance raised in 2012 and subsequent complaints made since then.
Point out that they have a duty of care to their employees..
Request a meeting to discuss this and take a witness or union representative with you.
At the meeting give the manager a copy of the doctor's letter, together with a written complaint about your previous grievances.
Ask for those letters to be kept on file for future reference.
For your information, this is what A.C.A.S state...........
Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and well being. Demonstrating concern for the physical and mental health of your workers shouldn't just be seen as a legal duty - there's a clear business case, too. It can be a key factor in building trust and reinforcing your commitment to your employees, and can help improve staff retention, boost productivity and pave the way for greater employee engagement.

Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.
Requirements under an employer's duty of care are wide-ranging and may manifest themselves in many different ways, such as:

• Clearly defining jobs and undertaking risk assessments
• Ensuring a safe work environment
• Providing adequate training and feedback on performance
• Ensuring that staff do not work excessive hours
• Providing areas for rest and relaxation
• Protecting staff from bullying or harassment, either from colleagues or third parties
• Protecting staff from discrimination
• Providing communication channels for employees to raise concerns
• Consulting employees on issues which concern them.

An employer can be deemed to have breached their duty of care by failing to do everything that was reasonable in the circumstances to keep the employee safe from harm. Employees also have responsibilities for their health and well being at work - for example, they are entitled by law to refuse to undertake work that isn't safe without fear of disciplinary action.
As for suing the company.........
Finish going through the procedures first, then get legal advice.
aw:John

[hastings100]

Re: Workplace Stress

Hi,
The first thing to do is ask your employer for copies of the companies grievance, disciplinary and appeals procedures.
You do need these. Make sure you read them.
You should certainly have had a decision by now, on the 2012 grievance complaint.
Most procedures have time limits.
If you do not stick to the procedures, then you have no chance of winning your case.
One trick I used when I was a shop steward, was to raise further grievances.
Providing you stick to the rules, then you are perfectly within your rights.
For example,
The employer fails to respond to a complaint in the agreed time.
Raise a grievance to complain about the breach of procedure.
Now the company has two issues to contend with.
If you do not receive a satisfactory answer, then take it to stage two of the procedure.
If you do not receive a reply within the time limits, then raise another grievance.
Employer now has three issues to contend with.
They soon get the message.
Get an updated letter from your doctor as to your condition, and if it is stress related.
Raise a new grievance with your employer complaining about their failing to address the grievance raised in 2012 and subsequent complaints made since then.
Point out that they have a duty of care to their employees..
Request a meeting to discuss this and take a witness or union representative with you.
At the meeting give the manager a copy of the doctor's letter, together with a written complaint about your previous grievances.
Ask for those letters to be kept on file for future reference.
For your information, this is what A.C.A.S state...........
Employers have a duty of care to their employees, which means that they should take all steps which are reasonably possible to ensure their health, safety and well being. Demonstrating concern for the physical and mental health of your workers shouldn't just be seen as a legal duty - there's a clear business case, too. It can be a key factor in building trust and reinforcing your commitment to your employees, and can help improve staff retention, boost productivity and pave the way for greater employee engagement.

Legally, employers must abide by relevant health & safety and employment law, as well as the common law duty of care. They also have a moral and ethical duty not to cause, or fail to prevent, physical or psychological injury, and must fulfil their responsibilities with regard to personal injury and negligence claims.
Requirements under an employer's duty of care are wide-ranging and may manifest themselves in many different ways, such as:

• Clearly defining jobs and undertaking risk assessments
• Ensuring a safe work environment
• Providing adequate training and feedback on performance
• Ensuring that staff do not work excessive hours
• Providing areas for rest and relaxation
• Protecting staff from bullying or harassment, either from colleagues or third parties
• Protecting staff from discrimination
• Providing communication channels for employees to raise concerns
• Consulting employees on issues which concern them.

An employer can be deemed to have breached their duty of care by failing to do everything that was reasonable in the circumstances to keep the employee safe from harm. Employees also have responsibilities for their health and well being at work - for example, they are entitled by law to refuse to undertake work that isn't safe without fear of disciplinary action.
As for suing the company.........
Finish going through the procedures first, then get legal advice.
aw:John

Thanks John

I am going to follow the Grievance procedure to the end and then review the situation

[Johnboy007]

Re: Workplace Stress

Thanks John

I am going to follow the Grievance procedure to the end and then review the situation

Good on you mate....
If you need any further help let me know...
Remember, stick to procedures.

[golfillini]

Re: Workplace Stress

Finally my grievance has come to a conclusion. After two years, two investigating officers, two decisions officers and one Appeal, my company has found in my favour and have concluded that I was harassed in the workplace.

They have not told me what if any disciplinary action they are going to take against this person. So I am unsure if I will be protected from any further incidents of harassment from this person.

It has been a very stressful time these last two years and I have had no support from the management, in fact it has been the opposite.
Can I sue them. I have numerous emails from my management team that demonstrate apathy and lack of care and interest in my wellbeing