Grievance -help please

[honeybee13]

Off the top of my head, I don't think your employer can refuse a companion who falls within the guidelines of colleague or union rep, but I believe a colleague can decline to be there. Of course, they're not meant to be picked on for attending a meeting, but it depends on how they see the company culture.

 

There's more on this on the ACAS website and also directgov if you have time to look.

 

HB x

[accounts]

Update: after two weeks letter from works director. Very sarcastic that I will not meet MD -(as you know he is part of grievance and he knows this as well) now suggested he will meet me for an informal chat. Then he will discuss with md. Unfortunately I cannot get a formal meeting as advised by all, been advised by sol to request notes after the meeting and also agenda for meeting -any suggestions as sol on holiday for two weeks.

 

Works direct -states due to size of company and limited resources -all grievance meetings are informal. My solicit suspects though it will end at a tribunal -and therefore I will need notes etc from the meeting.

Despite my sol saying it is not a redundancy situation -as if they finish me they will have to employ someone else to prepare accounts -cannot be done inhouse. This letter today again mentions possibility of redundancy situation in accounts.

 

Any advise please, help or suggestions, don't really feel that I can wait two weeks for sol to return -but have been off seven months trying to resolve.

 

Letter states I can take companion providing that the companion does not delay the meeting due to his/her availability etc.

 

Please, recently had sick not for three months -severly affected by stress, and having read this letter just totally stressed out even more.

 

He also says they require medical evidence of sickness -sick note recently sent in what else can they do.

 

Also asking about my disability claim -I have not heard a thingnd anyway he will know more than me as it is employer sponsored and they hear first.

 

Dont know what to do, who to contact please help me!!!!

[honeybee13]

 

Hi again. There's nothing to stop you taking your own notes of this meeting and giving a copy to your [nasty] employer afterwards, I would say. It's always good to have your own version of events. Or you could record the meeting, just so there's no argument .

 

Please, recently had sick not for three months -severly affected by stress, and having read this letter just totally stressed out even more.

 

He also says they require medical evidence of sickness -sick note recently sent in what else can they do.

 

I don't know. I'd be inclined to ask him. The sicknote is still current, is it?

 

Also asking about my disability claim -I have not heard a thingnd anyway he will know more than me as it is employer sponsored and they hear first.

 

Dont know what to do, who to contact please help me!!!!

 

Do you mean about the disability claim? It's an insurance policy taken out by your employer is it? You would normally go through the company. As it's their policy [assuming I've got this right], the insurer won't talk to you without authorisation. Does you employee handbook tell you who deals with it? Otherwise I would start with HR.

 

HB x

[accounts]

Yes, company policy -disability scheme, so company will hear about decision etc before me -don't know why director is asking me what is happening. I realise insurer won't talk to me -why is employer asking me -they should be contacting insurance to find out -not me surely?.

 

Will ask about recording the meeting -as works director see it as a chat and not a meeting.

[honeybee13]

Yes, company policy -disability scheme, so company will hear about decision etc before me -don't know why director is asking me what is happening. I realise insurer won't talk to me -why is employer asking me -they should be contacting insurance to find out -not me surely?.

 

Will ask about recording the meeting -as works director see it as a chat and not a meeting.

 

Hi there. I agree about the disability scheme, how are you meant to know, telepathy? Normally the HR or pension people would deal with that, are they doing that as far as you know?

 

I haven't re-read your thread, but if it were me going to the meeting, I'd be checking out the directgov and ACAS websites for the procedures, in case your lovely people decide not to follow them.

 

HB x

[Guest Jason King]

This seems to have gone on for months, unfortunately, you may now be out of time to bring a case to the Employment Tribunal.

 

Some employers drag out a grievance on purpose for this reason.

[honeybee13]

Hello Jason, gorgeous as ever, I see. Do you still smell of Brut, I think it was?

 

I don't think the employer disability/sickness insurance should be affected by timescale.

 

If they're dragging out the grievance for the reasons you say, then shame on them.

 

HB x

[accounts]

Letter received -disability insurance have registered claim. They will now begin processing.

 

This is six weeks since I returned the forms to my employer -clearly he was in no hurry to foward the forms to the insurance company.

 

No suprise really -and yet the works director was asking me how the claim was going -he must have known at that point it hadn't even been received by the insurance company.

 

This is getting me more and more stressed out -they just seem to be dragging everything out. I have a hospital admission in just over a week -for a major op -and will not be able to drive for six/eight weeks or do anything for around twelve weeks -work will probably finally settle on a meeting during this period although I won't be up to going anyway.

[accounts]

Contact from employer.

 

He has decided my role is to be reduced from 36.5 hrs to 15 hrs. And he will engage services of a firm of accountants for 2.5 days per month.

 

Therefore they will be doing work, I have previously undertake.

 

I am given the option to accept -or reject.

 

If I reject is it redundancy -as he is engaging somebody already to undertake my role.

 

How can 36.5 hours be completed in 15 hours.

 

I have just been in hospital for total abdominal hysterectomy -and have been out only a week -MD is insisting a meeting is held next week -as he is then on holiday for two weeks.

 

Unfortunately, this is not possible, I also have a burst haematoma, which is being dressed everyday -and could take 12 weeks for me to re-cover from surgery -still very ill and painful. Obviously cannot drive for at least another 8 weeks.

 

Md stated, I have not tried to resolve grievance -despite me sending numerous requests for a meeting -to no avail.

 

I have not had anything on disability ins at present -and have completed numerous forms -these should have been completed in FEB -nothing since from employer -re pay -although contract states 50% pau under disability scheme for long term sickness -therefore four months here -suggest half pay is due for this.

 

What views do you have on 15 hours and still engaging someone else?

 

It may be a couple of days before I log on for any replies -as I am resting as much as possible -and not feeling up to spending time on computer etc at present.

[Jam1864]

Sounds like discrimination to me, have you read anything about the DDA, the disibility discrimination act ?

 

My advice is, phone up ACAS again (they are really helpful) and then a phone call to an employment solicitor in your area.

 

It wont cost you anything to talk to a solicitor over the phone.

 

Meetings held in your absence are very very dodgy ground in deed, especially if you're signed off and unable to physically attend the meeting.

 

As long as you have the grievances in place, the longer they take the worst it looks if it does go to tribunal. Theres a 3 month limit for lodging grievances ( ie, incident happens, i have 3 months to file a grievance then its too late)

 

An employment tribunal will look very very closely at why this has taken so long for the company to resolve the grievance.

[accounts]

As you know I have an ongoing grievance from last October -they were not willing to have a meeting to discuss unless MD present.

Solicitor was acting -now no longer acting based on letter from employer -the letter states I have two options:

1-take a new contract -15 hours per week, then he will ehgage services from outside -accountant 2.5 days per month to assist.

2-face possibly redundancy situation

 

He insists that my work has now been taken over by HR partially,and theref ore I will be able to complete workload in 15 hours -worked over 3 days. HR has never been busy, and has always said if there is a redundancy she would go first as she is not at full capacity.

 

I am still off with stress, and recovering from my hysterectomy -which I have had complications and am having nurses in still everyday as I developed a haematoma.

 

I therefore look like being off at least another eight weeks due to hysterectomy.

 

Can I be made redundant whilst on sick?

Employer wishes to gain copy of my doctors notes?

 

I have worked for employer 11 years, I have 16 days holiday from last year plus the accrued days from this year. I also have unpaid overtime.

 

My contract states that I would be entitled to 50% pay whilst off -due to disability insurance. However, since Feb, I have not received pay from work, forms were completed in April for insurance and I have heard nothing since -although my doctors have recently completed a questionnaire. As this is included in my contract then surely I should have been paid 50% pay from feb to date.

 

I am unable to drive at present, live in the country and cannot get much help at all.

 

Can anyone please advise me:

 

If I don't accept 15 hous -is it redundancy?

 

Holidays will be accruing and pay will be due from this year?

 

Overtime worked from 2009 -still to be paid?

 

Redundancy will be 11*380 plus -three months notice?

 

Money due for sickness as per contract of employment-50% since feb?

 

Any help appreciated-thanks

[honeybee13]

Hello again. I'm sorry things are no better for you.

 

My first advice would be that if this relates to your last thread, it would help us to advise you if you merge them. To do this, you click on the red triangle at the bottom of your post, 'report' it to the site team and ask them to merge the two.

 

Please can you remind us how long you've been off sick? I can't remember how long you were to receive 50% pay from the employer and when the insurance kicked in.

 

April does seem a long time to get the insurance claim through and in payment, what have they actually told you about it? I wonder why your doctor only recently filled in a questionnaire, because the insurers are unlikely to pay out without seeing that.

 

A caring employer might advance the payments to you pending the insurance claim, but then if it wasn't paid, they might not get the money back. It's different thing it they've held it up, possibly.

 

If you would clarify about how much your contract of employment says you'll be paid and the lead-in time for the PDI [Disability Insurance], I'll try to advise you further.

 

As to work wanting to see your records, I doubt if your GP would release everything. Why do they want the information, and who will it go to? Before they can ask, work will have to have a form signed by you, saying that you agree to the information being released. You are entitled to see what your GP has written about you before it's sent and you could also go and see your GP to discuss the report they want. All this is covered under the Access to Medical reports legislation.

 

I would also want to know who will see the report and that it will be kept properly, in line with the Data Protection guidelines.

 

I hope that helps a bit.

 

HB

[accounts]

I have been off since mid October. I am entitled to 11 weeks full pay and 11 weeks half pay (1week for each year of service).I had 4 weeks last July -following surgery and therefore was left with 7 weeks at full and 11 weeks at half. Payments ceased at the end of February.

My contract states:

The company operates a long term disability scheme based on 50% of salary , plus a 5% maximum esvalation cover.

 

This was only instigated after I made numerous requests -I have not heard anything for a while though.

 

Good point about -who will see the report from my Gp and the fact that it will be kept in line with data protection guidelines.

 

Many thanks for the above advice.

 

I have asked for the post to be merged -thanks.

[cerberusalert]

Two threads merged.

[honeybee13]

'My contract states:

The company operates a long term disability scheme based on 50% of salary , plus a 5% maximum esvalation cover.

 

This was only instigated after I made numerous requests -I have not heard anything for a while though.'

 

Thank you for that. Do the LTD scheme rules state how long the waiting/deferment period is for the policy please? I would be chasing this with HR, if you feel up to it. Have they said anything at all?

 

HB

 

PS escalation means that the benefit increases in payment, so would increase by up to 5% one year from the date the LTD started to be paid, if it carries on that long. It could be 5% or the RPI, depends on the policy.

Edited July 27, 2010 by honeybee13
PS

[accounts]

My HR has been a total waste of time -when I first was told about the situation she said to me "you are made of strong stuff and you can deal with it", when I asked for a copy of grievance procedure etc -nothing was forthcoming until I emailed her my request.

 

I don't have sight of any policy re the disability ins -this is dealt with by the works director-th HR has never been involved. I only know in the past that when a member of staff had used up her sick leave entitlement -then she was paid 50% straight through -and we offset the receipts from the insurance against the payments. I know this from preparing the accounts.

 

I think I will ask the MD again what is happening. I will acknowledge his letter, ask about the consent form-gp, ask about holiday entitlement 2009 and 2010, ask about unpaid overtime and say that I will reply to his letter in due course. I visit the doctors again next week -subject to be able to get a lift there -or I will have to try and get a home visit. I have not been anywhere at all for 6 weeks now.

 

Once again, thanks for advice.

[honeybee13]

Hello there. I'm sorry life is so tough for you. Six weeks in one place can't be fun.

 

I think you should query things with the works director, don't see any reason why not. You're entitled to information in my opinion, but I'm sure you won't be aggressive about asking.

 

There should be something in writing about the policy, in the employee handbook or maybe your contract or particulars of employment. Some companies have it on the intranet, but I don't know if yours does this or if you have access to it from home. I would still be interested to know what the waiting period is for the policy, if you are able to find out.

 

Sadly, in smaller companies, the LTD policy is often dealt with by someone who doesn't really understand it. If it's any consolation, payments should be backdated if you qualify under the scheme, but is sounds from the outside as if someone has sat on the papers.

 

Please post any other questions if we can help.

 

HB x

[LifeSuxSumtimes]

I would suggest that you write a letter to your employers requesting that any further contact be by letter only as you are keeping a record of correspondence. If you are contacted by telephone, write up a record of that telephone call immediately afterwards as a Telephone Note with the date of the contact, who you spoke to and what was said/agreed.

[accounts]

Letter from my disability insurance-come via my emplyer.

 

The insurance company have declined liability in respect of the claim because my ongoing absence is as a result of issues within the workplace-rather than an illness or injury.

 

Any advice please?

 

My contract includes payment-my works director did make a comment once when the previous company declined to cover me due to my back problem -he said that if I was off then work would still have to pay me because it is in my contract of employment.

 

My employer is aware that they have declined -as he has sent the form to me.

 

Advice please-what do you think now?

[honeybee13]

Hello again. I'll have a think about this overnight and get back to you tomorrow, if I may. I wouldn't be happy to hear that if it were me.

 

HB x

[accounts]

Thanks for that, I look forward to any advice you may have.

[honeybee13]

Hello again. Thank you for the reminder, it had shipped my mind overnight. Terrible memory, sorry.

 

Right, I can see the angle the insurer are trying. What we need is the exact clause in the policy that allows them to do that. The insurer won't deal with you direct unless the director authorises them to, usually in writing/email, it depends on the company. If he would agree to that, then you can argue directly with them, but it's up to him.

 

Otherwise you could email him something and ask him to forward it, so it's less work for him, poor thing. If he doesn't know what he's doing, and it sounds as if he doesn't, then making his life easier might speed things up.

 

Is there a broker involved in running the scheme, or did one set it up, do you know? A decent broker would be intervening and arguing with the insurer if they were in the wrong.

 

Let's get hold of the wording, unless you have anything on claims in your employee handbook that would shed any light on this. After that, your recourse is probably the fos, but that takes time.

 

If you want to PM the name of the insurer, or put it on here if you feel able to, I'll check out their terms later if it's on the interweb. I can't do that until later today though.

 

One aspect I'd like the others to comment on is the work-related aspect of your stress. Is that the definite diagnosis you have, in writing? I believe that the HSE and maybe others, can view work-related stress as an industrial injury, I think it's classed as.

 

Those are my thoughts for now, I'll leave it with you and check in later.

 

HB x

[accounts]

Thank you very much for this advice -I really appreciate the advice from you.

 

There is a broker involved -when I contacted the broker - he sent me rather a 'blunt' reply -saying he could not deal with me at all as it is an employer sponsored insurance. We have never been issued with any policy details whatever on the scheme -and as for the MD -he has no idea of what he is doing anyway.

 

The company is UNUM.

 

I have a definite diagnosis of work related stress -this has been on every sick note I have received from my GP-the doctor has included on my notes details of the work issue and that he does not see my health improving until the work issue is resolved. Also noted the lack of contact from my employer -since May 10th -when I made contact to my employer -there was no reply until 30th June -when MD stated he wanted a reply asap.

 

I do therefore have written confirmation from my GP-of work related stress. I also went for counselling in January -for my initail assessment -there was a huge waiting list though for further sessions -they did confirm that I would require further sessions.

I had a call a couple of weeks ago and they are calling me again in August -as I am still not up to going due to my operation/complications.

 

I am trying to find as much infor as poss -but not able to spend long on the computer at a time as I am still tired/drained etc from my op.

 

Once again, many thanks for your help and advice-very much appreciated.

[honeybee13]

Thank you for coming back with that, and for your nice manners .

 

I don't suppose you know the name of the exact policy your employer has with Unum please? I think you should be asking to see a copy of the policy terms and if they don't make with it, you may need to consider a subject access request, but it would be nice to avoid that.

 

I think the broker is hiding behind the employee sponsored thing rather. As I said, s/he can be authorised to deal with you, the same as Unum.

 

I'll have a look at the Unum website anyway, to see if there are any cures.

 

HB x

[honeybee13]

Me again. This is what UNUM's website says about claims.

 

 

'5.1.4 How ill or injured must the member be?

 

The claimant must satisfy the Definition of Incapacity chosen for the policy. The policy will make clear which definition is in use.'

 

 

So a copy of the policy document would help, or the exact wording of what your employer chose to offer.

 

Hope that helps.

 

HB x