Duty of care?

[Oznob]

I'm a civil servant and I work in a contact centre. I'm currently on sick leave with stress and this is the second time in a couple of months. I was originally signed off for two weeks and I returned to work in a fragile state but just about able to cope. I had to see the occupational health advisor who was very nice and symapthetic but who didn't actually do anything. Yesterday we all arrived at work to find that our seating had been changed, some of us had new team leaders and we had six new scripts which we had to learn on the job knowing that our performance would be judged on them straight away. I was allocated to a team leader I didn't know and who knew nothing about me. It was a totally unnecessary move and even the higher management agreed with me on that. I told them I was recovering from stress and that I didn't think I could cope with a new team leader and a new team. I made a suggestion that they thought was sensible and they said they'd see what they could do. You can only imagine how I felt when it was announced later that morning in a team meeting that the two of us who had asked for special consideration were not going to get it and that we would simply have to accept the decision of the resource team. I left the meeting in tears and was sent home as I couldn't carry on working. I'm now waiting to see the doctor for another certificate. Surely an employer has a duty of care in cases like this. I have been totally flexible in the 11 years I've worked there and have always just done everything asked of me without question. Now I'm asking for a little flexibilty and there is none. I can't believe that they can allow someone to become ill over something that could so easily have been put right.

[Allwood]

Yes employers nowadays emphasis is on profit with no consideration for their staff that is what I have found with my employer with similar issues my was a mobility problems, put in a grievances under their duty of care and see what happens. I have just put in one as you got to followed the internal procedures first and then if it is not resolved you seek outside assistance, are you in a union however I find them not much help nowadays either but it is a little bit of support

Good Luck

[cal37]

You need to put in a letter of grievance, outlining your concerns and asking them to reconsider their position.

If you’re in a union contact them and get their advice.

In answer to Allwoods comment re unions............unions can and do help many however they can only help those that have been wrong done by a company.

Employment law is there for your protection, but it’s also there to protect the employers. Unions can not bring a case before a grievance hearing or a EAT if there is no case. Far too many people these days think that they can do as they like and if the employer disciplines or sacks them they can bring a tribunal claim. It’s not always the case....

[Allwood]

I note what you say Cal but the burden of proof is on the employee and do not tell me that manager will tell the truth when asked for their version of events. The OHA told me that he would be writing to the company advising them that I should be able sit as and when necessary because of my injury but this was not complied with by the managers.

If I wanted to take painkilling tables then I had to go up 4 floor to the cloakroom and then back again for a drink to take tables and wait for the pain to subside. When I had to do this manager keep making innuendos like you like you breaks.

Manager would not let me have a copy of the letter that their OHA sent to them despite ringing for it and asking for it in writing.

Also, HR run off payslips from the their computer for me and it said that I got paid for November but this was not the case as it was block by the company on checking DWP it says that SSP is payable up to 28 weeks was below the time I was off they will not give me an explanation for this also.

Also there are numerous of other things that they have done to me like refusing my annual leave despite 3 months notice for 4 days for family commitment had a terrible time with this but I put it all in writing to them to no avail as the more I tried to make it right the worse it got. I have put in a formal grievance and to them but I am not holding up much hope of getting anything done. Have to wait and see.

[Oznob]

Thank you for your replies. Unfortunately I don't feel well enough at the moment to think about grievances. I don't really have any idea of the procedure but I'm assuming that the Occupational Health Adviser will make some recommendations. I left the union a while ago. I don't want to go into detail but some of the reps weren't very sympathetic towards some of the staff and there was a mass resignation from our office.

[Jemms00]

Originally Posted by Allwood

Manager would not let me have a copy of the letter that their OHA sent to them despite ringing for it and asking for it in writing.

Have you considered submitting a Freedom of Information request specifically for this? They have 20 working days to provide you with this information, along with any other information they hold on you. Give it a go, if not anything it will be a pain up the ar$e for them!

[Jemms00]

Originally Posted by Oznob

Thank you for your replies. Unfortunately I don't feel well enough at the moment to think about grievances. I don't really have any idea of the procedure but I'm assuming that the Occupational Health Adviser will make some recommendations. I left the union a while ago. I don't want to go into detail but some of the reps weren't very sympathetic towards some of the staff and there was a mass resignation from our office.

I understand how you feel, but if you want to take some action you will have to submit a grievance at some point. Your employers do have a duty of care towards you, and they should make reasonable adjustments for you. Although Occupational Health are sympathetic they will not give you legal advice, remember they are contracted by your employers. They can only help to a certain extent. Can you tell me if you have a copy of the correspondence you mentioned in your initial post? I'm free most of this week; if you want (without giving me the full details) I don't mind helping you with the letter. I'm not a legal expert but been through all of this so have a little knowledge. If you prefer (and feel up to it), try going to the local Law Centre or CAB - they proved to be useless for me but you never know they could be of some help.

[Allwood]

Thanks Jemms00 for your help, is it correct that you can request information that employers hold on you from non public bodies I work for a PLC company.

I have checked the web site and it only referred to public organization under the FIA, I have found that employers are suppose to tell you why the stopped SSP but this has not been happening with perhaps I am not making myself clear when I am writing to them. Will send another letter today and I will leave no room for doubt to what I want from them.

[patdavies]

Originally Posted by Jemms00

Have you considered submitting a Freedom of Information request specifically for this? They have 20 working days to provide you with this information, along with any other information they hold on you. Give it a go, if not anything it will be a pain up the ar$e for them!

An Freedom of Information Act request will go absolutely nowhere. This is personal data and there is a specific exemption in the Act for personal data.

You could, however, use the correct Act and try a Subject Access Request under the Data Protection Act 1998 - the timescales for disclosure are longer though

[patdavies]

Originally Posted by Allwood

Thanks Jemms00 for your help, is it correct that you can request information that employers hold on you from non public bodies I work for a PLC company.

Freedom of Information Act only applies to public bodies - it does not apply to private companies; plc or otherwise.

However, please see my post above. The Data Protection Act applies to all bodies that process personal data

[Allwood]

Hi Pat thank you for info, however it takes 40 days for companies to reply and how can you trust employers to let you have all the data that they have on you. i know if I requested it from my place of work I would not trust them as I feel that they would be very selective in what they would let me have under the Subject Access Request.

[Jemms00]

Sorry Allwood I just presumed that you worked for a public organisation. In that case you don't have much luck, believe it or not when the Freedom of Information Act was being implemented at my workplace we were told 'if you hold any information that you do not wish anyone to see, get rid of it now'!! Like you said if they hold information on you they can be selective. Keep trying though, sorry couldn't help any further.