Depression caused by work with denied grievance

[myself01]

Hi, I have been ill for work stress related illness with a huge variety of symptoms and diagnosed as depression. I have been ill since 9 months before being signed off sick. I was promised permanent health insurance for me after SSP expired but this didn't happen. the result is that my fragile recovery got worse because I haven't been paid for months now and I am endint up in debt so if one side doctor and counsellor told me to take it easy, this is now applying pressure as soon as I have seen that my employer cut the payments, and that the insurance declined my case I sought for a solicitor's help he still hasn't come back with a yes or no to let me know if he accepts my case on a no win no fee basis I am still unwell, better than I was with the symptoms but still struggling. I started a grievance complaining that by leaving me with no support after the problems I had at work, and that were neglected, but my employer denied every responsibility saying that my stress was due to personal problems, and kept ignoring anything. I was bullied, sexually harassed (verbally), was put in a condition of not being able to work for lack of tools and then put under pressure on occasions to deliver work. it's a long story, but now that my grievance has been definitely denied, what can I do? I am basically still an employee but I don't get paid. I get denied any responsibility by the company but I followed the role in my job contract. now I don't know what to do, I need support and time to recover and be back to work as soon as I can. I appealed against the insurance 1 and half month ago but no reply. can you please help? I am exhausted thanks in advance

[godpikachu]

file for an employment tribunal stating discrimination based on illness/disability.

[myself01]

but the law seems to suggest that once SSP is paid then nothing is owed to me. the thing is that this has been caused by my employer, despite she denies it.

[myself01]

could someone please help?

[godpikachu]

you have submitted a greivance and your employer has done nothing about it, and now the situation has caused oyu to fall ill.

 

this is discrimination and thus you are entitled to file for an emplyment tribunal (provided you have at least 12 months service with your employer of course).

 

id give ACAS a call and talk it over with them, theyll probably confirm what ive said.

[MrShed]

Based on the information we have so far, I think it is jumping the gun to say it is discrimination, or that there is any basis for a tribunal.

 

If the illness is directly caused by your employment, and specifically by their negligence as an employer, then you may have a case. However, I think we need a lot more information to come to this conclusion. Certainly, there is no legal obligation to pay more than SSP, unless it is specified otherwise in your contract.

[Hebweezle]

I've read the details and can empathise with you.

 

Firstly we need to establish a "duty of care" by your employer to you.

 

Did you mention to your employer that you were suffering from stress and or depression? If this is the case, then you only have to tell them once and it is up to the employer to help you in any way you can.

 

Therefore the "duty of care" comes in to play under the HSE Stress Management guidelines and under the disablity discrimination act 2005.

 

The only way the employer can stop your sick pay (work sick pay) is if you have had a disciplinary and then have gone off sick after you have been advised of the disciplinary. This would have had to have been told to you verbally or written to you.

 

If the employer has not given you notice of a disciplinary then you are entitled to company sick pay and therefore the witholding of this payment is illegal and you can take a claim to a tribunal yourself without a solicitor and you will win hands down.

 

You have the right to appeal against your grievance appeal - has this been done?

 

I must state that it is crucial that you have told your employer once that you are suffering with stress and depression before you went off sick and that your company has contacted your doctor to confirm the stress and depression diagnosis.

 

A "duty of care" is owed by all employers to all employees to ensure that employees are not harmed in any way - please do see the HSE Stress Management guidelines and also the disability discrimination act.

 

Just for clarification, I'm going through the same thing and my company cannot deny that I was owed a duty of care and that was denied to me.

 

Let me know how you get on.

 

Heb