Urgent:Gagging order.

[Warty42]

Hello all,
I am new to the site today and as required " Hello ". I am asking for any advice from whoever and wherever, as i am on the verge of relapsing into my mental health hell hole.
I will keep this as brief as possible.
On the 31/07/2007 i began a three month absence from my current employer, for work related stress and this what my GP agreed was the problem. What also happened because of this stress, was a three month attendance at the social services crisis intervention and it was discovered i was suffering from PTSD and stress enduced depression/anxeity. Although my employers could not be held accountable for the issue of my underlying mental health issues, i thought they should deal with work related stress issues. Despite the highly pressurised job i do, the answer was, it happens deal with it. In the three months between the above illness and my last employer caused illness, i had absolutely no support from my employers. This despite them being fully aware, i was mentally ill, it was very nearly a stay in a mental health unit, against my will.
Nothing to serious, i hear some of you say??
In February this year, contrary to my monthly one to ones or my annual appraisal. I was accused of under performing against departmental goals, being aggressive and angry towards vulnerable clients and receiving a complaint from a client regarding my alledged attitude.
In two years of executing my role impeccably, servicing approx 4000 clients and even if any of the above were true. My team leader, under instruction from his manager ( This manager was one i complained about to HR last year ) and with evidence alledgedly put forward by two other team leaders, compiled a performance improvement plan and attempted to put me on a training course ( which was voluntary not mandatory ).
The PIP was to last three weeks, which was the exact timescale my manager was on his holidays, with an end result of disciplinary action.
As this was a surprise to me, the meeting for the PIP descended into a slanging match with the manager chairing the meeting loosing her temper when i would not accept these claims without proof ( evidence still not given after now 5 months ).
Ultimately i have now had to return to work for financial reasons but despite my grievance being part upheld ( that the companies policies on the PIP/training were not followed ). The individual/s responsible is/are still making my life hell, so much so i had too leave work on tuesday, as i got an early warning sign that due to the stress of the upcoming tribunal, appeal internally and the harrassment and down right obvious discrimination, my mental health was put to the test.
What i want to know is?
If a solicitor has told me that the ET claim will not pay put on a contractual deduction from my wage ( half pay sickness ), why has my employers solicitors now offered me a deal for a paltry two months sick pay, which would gag me from continuing with my original grievance and the new discrimination grievance or any other grievance arising from the problems i am having at work?

Sorry its abit long, there is loads more questions i have but i dare not ask all of them.

Please help,
A very,very confused and agitated individual.

[emmaf01]

Who is advising you through this? Union representation or an independent solicitor?

[Warty42]

Hello,
Thanks first of all for replying. I have representation at all, as the LLC have said i have no case to answer on the original grievance and will not step in till the 28 day limit has expired in regards to the new complaint brought under the DDA.
I am getting increasingly frustrated at the lack of affordable legal help and anybody actually willing to help me.

So anything that may help me is extremely welcome.

[colgate01]

Hi there,

I can only offer some support and advice from my own experience but there are lots of good people here who can help you.

The best thing I can say is to try and remain objective. I know this is difficult from bitter experience but its the only way you will get through this. I think that you need to put your health first and try and get out of this situation as best you can. It may not be the fairest outcome but the most important thing is that you manage your stress levels and don't end up in hospital - no job is worth it.

It is clear that your current employers no longer want you there and it sounds to me as though you would be much healthier and happier moving on. Is it easy for you to move into a new job or do you feel that you will need some time off? It isn't really clear from your post what you want to get out of this? It may be that you need to look at the type of job you are doing and think about doing something elsewhich is less stressful?

[Warty42]

First of all can i say thankyou for replying to my post. Secondly the job i do is a very high pressurised job and if that was the reason for my stress, i could quite easily move into any number of different careers, i have done many different jobs before this one. Actually carrying out my duties, whilst at work, is the only real thing that keeps me from going insane.The real problem is that i work for a new management system that does not respond well to criticism and since my first, justified and warranted, criticism last year. I have had nothing but trouble from them.I am now currently absent from work because of my mental health and this episode has been brought about because the managers involved in my grievance, have decided upon themselves, that they are going to pile as much stress on me as is possible, without directly showing their cards.What i want from my first grievance brought in February, is the real reason why these people, despite being fully equiped with the knowledge of my metla health problems, attempted to accuse me of failing against `capability standards`. HR have already admitted that the `capability policy` had not been followed correctly and was flawed. Yet they still have not supplied, where i have supplied to the contrary, real substantial evidence to warrant a PIP and blighting my name as an under performer.I am now going to deliver a second grievance brought under the DDA and a victimisation claim, both of which i have sound evidence, in paper and from colleagues.I really just wanted to know if anybody could shed light on why, if my solicitor knows my claim for lawful deductions from wages would not stand in a tribunal. Why would my employers solicitors, firstly offer me a settlement to only drop the ET1 and a week later offer me the same amount but with a compromise/gagging order.This is what makes no sense. If there is no wrong doing on their side, as they claim, why try and attempt to shut me up?Thanks, a very confused person.BTW: they have had two mental breakdowns out of me and they will not get anymore.

[colgate01]

Hi there,
mmm, can only speak from experience but feel that you might me reading too much into the compromise agreement. I would have though it standard practice for this to be issued. I have a similar situation in that I raised grievances, complaints were then suddenly produced against me which I proved false but it was clear that my company was going to do anything to stop me pusuing my grievances. i agreed to a 'gagging order' in exchange for a settlement just to get out of there and move on but agree it is frustrating - after all I have done nothing wrong and they know this so why the cover up?
My veiwpoint is that it is just a mechanism for the easiest and cleanest solution to make it all go away.

From a career standpoint, I can also sympathise. I worked for a very inexperienced and underskilled board who did not like to be questioned, although I was hired for my industry experience. My job involves change management, so i am not always the most popular person around and it can be very stressful. I am now looking at using some of my other skills in a consulting way rather than having to deal with company politics. It is easy to think - right I will show them and go to a competitor but at the end of the day, you need to put your health first. I found myself suffering from stress and depression as a result of my treatment at work for the first time in my life. It isn't worth it.

It sounds to me as though you have some reasonable claims but at the end of the day you are also miserable and your wellbeing is suffering as a result of your continued employment. My advice would be to try and get out as unscathed as possible and get the better of them by getting on with your life and being happy and well! Their actions won't bring them any good luck when all is said and done!

[Warty42]

I do empathise with you completely on the health risk. I also am aware that if it were not for the incompetence/immaturity of these people, i would not be now a person who has to watch my back and constantly monitor my own mind.The offer made is not actually, according to my mediator, an amount that would warrant a gagging order. I should say that the ET1 has already been submitted and this why i am getting an offer and why it was urgent, as the defendant wanted to me accept before yesterday, as their ET3 needed submitting.If i was leaving, i would have accepted but as i still employed until i can leave then i am not ging to sign away all my statute rights, for what is a laughable amount considering they are wholly responsible for what is now three seperate absences in 12 months.Luckily i have a partner who works in mental health, so i am always under strict monitoring and now, as i feel i have them on the back foot, until i leave. I will pursue this matter as far as is legally possible.Who would have thought all of this from a charity.

[Warty42]

Question 1;If four employees returned to work from long term absence and while all four were absent, a brand new return to work procedure was introduced to help these long term absent employees, slip back into the workplace more easily and only one (me) was shown and put on this new procedure.Would this be classified as discrimination?Question 2:If this new procedure was only to be a two week period and i am still being monitored on every call i do, five weeks later.Would this be discrimination? or victimisation due to my original complaint proceeding the compilation of this new procedure?