Advice please.

[Cashelizer]

Deleted

Edited May 30, 2010 by Cashelizer
Too much information written...

[pippadeee]

OK, I'll have a go at answering a few things that stand out in your post.

 

First of all it sounds like your employer is treading carefully right now and playing the game and going through the motions so as to appear a caring, concerned employer. If they are acting reasonably and fairly that's all to the well but you're right not to have blind faith where trust is concerned. From what you've told us so far if they are found to be in the wrong in any future tribunal scenario it could be very costly for them so its best to bear in mind their ultimate concern is likely to be to minimise that rather than your own personal wellbeing.

 

1) Get your grievance in as soon as possible. It doesn't have to be war and peace but needs to be submitted sooner rather than later. Speaking from personal experience a delay in raising a grievance which caused you to go off sick usually raises the question "why did you leave it so long?". And the explanation that you were too stressed to compose and send it seems to cut little weight where tribunal proceedings are concerned.

 

In the course of discussions about your treatment by this manager etc could anything you've raised previously be construed as a grievance anyway? A grievance is nothing more than a complaint, so if you've raised a complaint with management already that could qualify as a grievance without any letter/email from you actually stating "this is a grievance". Thats maybe something worth running by/checking out with your union rep.

 

2) This "informal" meeting your rep was to attend - I wouldn't worry about that at all. If attempts to discuss things informally have failed because your employer has cancelled the meeting then you've shown willing to sort things informally first which is good and in your favour. I'm not sure why your employer would want to cancel the meeting but they've covered (or are trying to I think) their backs using the reason as wanting to wait till you're better. It seems like delaying tactics to me- they're waiting for your grievance letter to arrive first is my guess.

 

3) Once your grievance is submitted they should hold a hearing for that within 28 days. Your rep can attend that on your behalf I believe. Ideally its best if you can attend it with your rep but if you aren't fit and can't face it then you can't. Your employer will have to balance handling your grievance with any thoughts they may have in respect to any intention they may have of instigating any future capability process at some point.

 

Again, from personal experience, they tend to tread very warily where work related stress sickness, grievances and capability procedures are concerned and so may hold off instigating a capability procedure until a grievance is dealt with, but not indefinitely and only for as long as they think will show them in a good light as a reasonable and caring employer.

 

4) If they're suggesting OH gets involved then agree to it. OH has its uses and can be very useful to you, plus its in your favour to agree to any help and support offered by the company "as a poor stressed ill employee who wishes to get well and eventually be fit to return to work with your grievance resolved" ;-) .

 

Don't trust OH either however. At the end of the day they work for or on behalf of who pays their wages ie your employer. Tell them only what you would be happy to get back to your employer or what you want to get back to your employer and keep what you don't to yourself. That's my advice where OH is concerned. They can liaise between you and your employer, provide a listening ear and support, keep your employer at bay and can ease a path back to work, but remember who they are ultimately working for nonetheless.

 

5) If you are not up to receiving any contact from management you can also request that you liaise with them via OH instead too. Alternatively (or additionally) you may want to stress again with HR that you'd prefer to deal with someone within HR only. So long as you have an agreed point of contact to keep in contact with and so to keep your employer informed of the situation and your ongoing progress they shouldn't really have any grounds to complain so long as there is some agreed line of communication.

 

From my experience (again, I know) the larger companies tend to have procedures for handling long term sick absence on the lines of an informal (they say "informal", they never are) "how are you doing, how can we help and support you" meeting with a manager after three months, then another at the five or six months point. At the six months point is where things may progress to formal HR involvement (ie 1st step of any capability process). Submitting a grievance can put a spanner in the (their) works, at least where formal HR/capability is concerned, delaying that -no guarantees but in my case it did and it never got to that point at all. It sounds to me like the comment made in that letter that "we will meet" could be in respect to their expectations to hold a first or another "informal" review with you, thats all. Again, you're wise to play the game and go, but if you can't you could suggest a conference call instead or go through OH. Speak to your rep and OH about that if/when the time comes.

 

6) Re the conversation your husband had with management - if he hasn't done so already get him to sit down and write down a blow by blow account of everything that he can recall of what was said, and a note of the date and time of the phone call too. Memories fade so best to get everything down on paper whilst its still fresh in his mind.

 

7) What you need to think about now is:

 

- assuming the grievance thing was resolved, do you wish to return to work, and can you foresee any problems for you if you do return?

 

- have a think about any/your expected return to good health etc. Your employer obviously will be wanting to know when you expect to return to work. OH will push with regards to this as well. Assuming you are physically fit to return at some point but the grievance remains unresolved your answer should be on the lines of "I am keen to return and feel I am reaching the point where I can do so but only feel able with the reassurance that I am returning to a safe environment" etc.

 

- re the grievance. Have a think about what outcome you would wish for ie you've raised your complaint - now how would you like that complaint to be resolved/what possible outcome would resolve it for you. Thats something OH may ask, and its something they will ask in a grievance hearing too if its not already covered in the grievance letter itself.

 

- lastly, looking to a future return to work - what do you think would help to ease you back into the job ie a phased return (part time for a few weeks etc), special requirements, change of manager/department ...and so on. OH will ask you this too.

Edited April 10, 2010 by pippadeee
bad spelling

[Cashelizer]

Deleted

Edited May 30, 2010 by Cashelizer
Too much information

[pippadeee]

You're most welcome-I know only too well what its like to go through something like this, especially when you can't quite trust people involved at work, family will only listen to your rants about it for so long, paranoia kicks in etc and it can be a lonely long journey do deal with on your own with few to talk about it with. It boils my blood that managers like that get away with treating people like that, or even that they want to and do treat people like that at all. (any chance that your manager's "sick absence" is a cover for the fact the company has suspended them instead by the way? Good practice would be to remove/suspend the bully not the victim ..which is why I'm wondering)

 

If you're happy and they're happy to have meetings at your home I don't see why they can't be at your home.

 

Are you receiving full pay whilst on sick leave or not?

[Cashelizer]

Deleted

Edited May 30, 2010 by Cashelizer
Deleted