Help Had to Resign

[lferr2002]

Hi guys

Since April last year I have been suffering from anxiety disorder and panic attacks that seem to have been brought on by my work (thats what myself and psychologist have deducted) I have been absent from work in large periods and have had a phased return, but the type of work and the workload has never been changed or offered to change (and recently there were 2 jobs within the office that were different but I wasnt able to apply for because of my absence record)

Anyway basically in the last year I have been off for 30 weeks and therefore stopped getting SSP when this happened I had a meeting with HR who basically said they needed me back at work working full time doing duties and if that wasnt possible they would need to look at the feasability of me remaining in employment. I was back for 6 weeks suffered a bereavement which with anxiety set me back I had 2 weeks off (signed off by doc) went back was back 2 weeks had 1 day off with a migraine (unrelated to anxiety - doc wrote me a letter confirming thios) I went in on the next day to be handed a letter suspending me from work to asses my suitability to remain in employment. This letter was handed to me in front of 15 - 20 members of staff I was told to "get my bag go home read that and I would hear from HR"

I went home had a meeting the following week where they asked me to go and sit in my car for 20 minutes whilst they discussed wether I could remain in employment. I went back in and was told I was to be given a fianal warning which would mean I would not be allowed to have time off, I had to communicate daily to my line manager (the one who had suspended me in front of everyone) about how I was feeling, I had to start back the following week working my full hours and duties and regardless of the state I was in (eg panic attack, anxiety etc) I had to phone in myself and speak to line manager and go in once attack had passed.

Anyway with all that in place and the stress of going back to see line manager I had a massive panic attack before being due to go in on the monday, physically sick, shaking, crying, heart racing, sweating sore head etc etc and there was no way I could go in. Phoned manager and was given the option resign or be sacked as "the business could no longer sustain my employment as my absences were having an affect on colleagues and the business was at risk of losing contracts)

All along I have had doctors lines, I have even got my doc to write to them on 3 different occasions to suggest ideas (my work have no OH dept) So I had to resign. I wrote my letter and put in it I felt I had no option but to resign and that I was very dissatisfied at the way my line manager handled things and this in fact added to my anxiety.

I have put in a claim for income support and I do hope to get a new job as it was the specific job I was doing that caused me stress ( I am happy to pm details of my job to anyone should they think they would be able to advise me better if they new) it was basically a social work position.

I just wondered if anyone can advise me if I have any case against my employers and if I would get legal aid as I have no savings and no money. Or is it not worth the hassle. I am hoping that resibning will not exclude me from benefits, but my doc has given me another line and thinks I have done the right thing

:o

Thanks and sorry for the lengthy post

[letshelp]

Hi,
JUst read your post, what a terrible way to treat employees. I think you may have a case of constructive dismissal although there are wiser people on this site who will no doubt advise you accordingly. I think though there are timescales involved in starting a claim with an industrial tribunal. How long ago did you resign?
Wish you the very best of luck and you seem to be doing all the right things.
best regards

[lferr2002]

Hi

thanks for your reply

I left less than 7 days ago and worked there for two years.

I wondered about constructive dismissal but don't really want to pay loads for a solicitor - well can't afford to pay for one, especially if I don't really have a case.

They kept telling me they had done everything they could and had taken into account the disability discrimination act but they had exhausted ALL possibilities????

I am not so sure. But have stated my reasons for resigning were it was made explicitly clear to me that no further options were available, and I also detailed how and why I felt my tratment from manager was unfair.

Thanks again for your reply

[Cellbar]

I would say yes, you have a good case for CS and possibly discrimination under the DDA - first port of call would be ACAS or EHRC, they will give you the low down on the laws etc. Did you ever actually put in a grievance? they are always very difficult to deal with, especially the initial step of actually putting one in, but without the grievance being followed first, other paths are often closed to you, which is why its always a good idea to get one lodged as soon as possible. if you are in receipt of benefits etc., you should contactn CLS and they will advise if you are entitled to free legal advice, which you can get over the phone. ATB

[Cellbar]

This is a good link to follow up on for more information, I use it to refer to frequently, but it is case law...Landmark judgments for disabled workers | OUT-LAW.COM

[lferr2002]

Originally Posted by Cellbar

I would say yes, you have a good case for CS and possibly discrimination under the DDA - first port of call would be ACAS or EHRC, they will give you the low down on the laws etc. Did you ever actually put in a grievance? they are always very difficult to deal with, especially the initial step of actually putting one in, but without the grievance being followed first, other paths are often closed to you, which is why its always a good idea to get one lodged as soon as possible. if you are in receipt of benefits etc., you should contactn CLS and they will advise if you are entitled to free legal advice, which you can get over the phone. ATB

Hi Cellbar

Thanks for that, no as yet i havn't put in a grievance but have detailed my concerns in my letter of resignation. If I do not hear back (its been 5 days) then I will write to them saying I wish to raise a grievance , having had time to think my treatment through. I believe I am able to do this even after I have left.

Off to look at the link you sent me

Thanks