Servere Problem With Ex-Employer

[The_Sherinator]

Hello there,

 

I need some help and advice for an issue my wife is having with her now ex-employer. I've posted briefly on another thread but now I have more information on the issue and feel that starting from the beginning will be the best thing.

 

My wife was moved to a different department at work. As soon as she was moved to the department, she realised something wasn't right. She wasn't included in conversations, ignored when she spoke, not included in team social gatherings, not included in the tea run and so on. As time went on the situation began to affect her quite badly. My wife spoke to her manager to find out what the issue was as it was getting her down. Her manager told her that nothing was wrong with them and it was all her. My wife didn't understand how it could be her as she had tried to get involved in conversations and such but was ignored. After this conversation the situation got worse. As a result, my wife sank in to depression. I lost count of the times she would arrive home after work in tears. As she had to have a couple of hours off of work in the morning due to having to go to the doctor regarding her depression under company policy this required her to make up the time. My wife's manager would shout across the office in an agressive manner regarding the time that needed to be made up and that it needed to be made up immediately. But at the same time the manager would quietly speak to someone else, that owed time, in a sympathetic manner and ask them if there was a time that was convenient for them to make it up. My wife saw this a totally unfair. On her next visit to the doctor, my wife was told that he would sign her off of work in order to have a break as the situation wasn't doing anything to help her depression. Upon speaking to the Human Resources manager at work, my wife was told "What's the point in taking time off? You'll still be depressed when you come back." The weeks went by and the situation stayed the same. My wife went over her manager's head and spoke to one of the directors. The director, without even speaking to my wife's manager, said that nothing was going on and it's in her head. My wife managed to convince the director to speak to her manager. Unsurprisingly, when the director got back to my wife, he said that her manager had said that it was my wife's fault and it was her attitude that was the problem. A meeting with the HR manager was set up. In the meeting, my wife was told that her depression was NOT caused by the situation at work. She was also by the HR manager that she had never heard anybody say anything bad about my wife and then a few seconds later said that she had heard people saying that they didn't like her. The HR manager contradicted herself again and again. A meeting was then held with the director and my wife's manager. In the meeting, my wife requested to be moved to another department. This request was refused. It was also mentioned in the meeting that it was because she was suffering from depression that was causing the problems, not work. My wife left the meeting and made the decision not to return to work the following week.

 

My wife has kept a record of all the incidents that took place. The above is a condensed version of events but accurate nevertheless. My wife spoke to ACAS. ACAS informed her that it is constructive dismissal and their failure to address her health problems was a violation of the Disability Discrimination Act. ACAS advised my wife to request that she be paid her full month wage as, according to ACAS, she is fully entitled to it. After 7 days, my wife's former employer responded via letter. In the letter, they basically say that it was all her fault and the depression was the problem. She would not be getting her full months wage as she had not worked for it and she would only get what she was owed. She was paid correctly.

 

I've come on here to ask for some advice on what to do next. Thankfully, my wife is starting to feel better now she has left and I'm trying to help her make a case against her former employer.

 

If anybody can offer any thoughts and advice it would be greatly appreciated.

[papasmurf1cx]

Hi Sherinator..... what an awful story. I am glad your wife is starting to feel better. She will need your love and support especially if you proceed to the next step which is Employment Tribunal. However I think if you are contemplating that route that you should also be submitting a grievance to the company. The reason being that compensation can be downgraded if one has not gone in.

 

have you got Legal Protection cover which covers employment disputes? You can find them attached to Home Contents insurance. How long did this go on for and when did she actually first go to the doctor? Any DDA matter may take as the starting point this date. Also what in the nature of the employment private company / government department.

 

You also need to ensure that the DWP is informed that the this incident is recorded as an industrial accident. Read up on what the criterea is though because the nature of the "incident" cover many days and the creeping nature of events are not liked at the DWP. You need to spot one or two main incidents that actually CAUSED the illness eg the manner of being informed of the make up of time... but you and your wife will be better placed to decide which they are.

 

There are time limits in ET cases which are normally 3 months from the last date of the incident ie when she left not intending to come back but this is extended to 6 months if Discrimination matters are grieved.

 

I am sure you will get more posts from others with experience.

[The_Sherinator]

They sent my wife a copy of the grievance procedure with the letter they sent to her after she left. My wife says that she cannot handle having to go back to the company premises. The company is a private company and not a government department.

[honeybee13]

Hello there. Please tell your wife that I sympathise with what she and you have gone through. I also had problems at work that made me ill. If your wife could handle a meeting away from work premises, either at home [although I refused to do that myself] or on neutral territory, is that an option?

 

I hope we can help you reach a good outcome from this.

 

My best, HB

[The_Sherinator]

Hi Honeybee,

 

My wife has said that she would be willing to have a meeting on neutral territory but not at home. However, my wife has said that there is nobody at the company to represent her interests because the HR manager is involved in the bullying. I'd also like to add that the HR Manager has no qualifications in HR or had any personnel training.

[The_Sherinator]

Bump

[honeybee13]

Hello again. I'm not sure what you're asking. Is it about representation or something else please?

 

HB

[The_Sherinator]

Hi Honeybee,

 

If my wife has nobody to represent her at her former workplace, lest they suffer the consequences, would this make her case a bit difficult at an employment tribunal because she was unable to raise a greivance?

[papasmurf1cx]

You can raise the grievance. You just write in an state as much and the reasons she is grieving. She doesn't need someone at work representing her when she has you. I just went through a grievance with my wife which ended up in the ET. It was 3 years from start to finish. I had no experience of this type of thing but used as my judgement 'reasonableness.' They were not reasonable we were ALL the time.

 

It is reasonable because they made her ill that they comply with the reasonable request to meet in a neutral location. If your wife can be legally termed 'disabled' ie if the illness lasts, is likely to last 12 month or more it can come under the protection of the Disability Discrimination Act 1995. Look it up. You need to cite the DDA in any correspondence and hopefully the gates will open as they have to make 'reasonable adjustments to PCP's ie policy, customs and practice. If they come back to you and say we don't normally do it that way... then reply..... so what it is a policy custom or practice and you can change them in this case because it would be unlawful if you didn't. You just have to be sure that your wife's illness can legally be termed a disability. Phone up the Equality and Human Rights Commission and ask for their link to the DDA codes of practice and read it. At the end the definition of what a disability is is in there. Here is the DDA http://www.legislation.gov.uk/ukpga/1995/50/contents but there is better info in the codes.

 

I indicated above the problems with not raising a grievance. The ET date doesn't start until the end of the grievance so it gives time to sort it out.