DDA/ OHS/ Shady employer/ CAB

[unbelievably angelic]

Hi.

I've posted on here numerous times before about my situation, but would properly appreciate the advice of an employment lawyer.

 

I've been off sick for over a year now with work-related stress, anxiety and depression. I exhausted the grievance procedure many months ago. My union just saw whistleblowing in my case and I soon dropped them as they were no help whatsoever.All I want is for my management to acknowledge the awful things that were going on and do something about it. I was sent for an OHS psychatric report and they told my employer they had to accept compromises. They also said that if it came to tribunal I would likely have a case against them under the DDA.

We are currently discussing.

I put forward suggestions, they provided an unrealistic job description, I grumbled, they said no discussion, I told them how sad that made me, they've invited me back for further discussion.

Please, somebody help me!

Edited November 17, 2010 by unbelievably angelic
privacy

[DJ2010]

Hi.

My union just saw whistleblowing in my case and I soon dropped them as they were no help whatsoever. !

 

Now there is a surprise....I THINK NOT.

 

You say you want stop the awful things that they are doing, are these things illegal or would it have harmful effect on the environment or staff health? What are the awful things that they are doing it to do with what they are manufacturing.

 

If it is the latter then you should prehaps contact H&S safety about this? Also have a look at your contract and staff handbook that is if the company has one to see what it says about health & safety and conditions of employment.

Edited November 17, 2010 by DJ2010

[honeybee13]

Hello again UA. Does this run on from your 'Frustration of Contract' thread? I thought I would have suggested the HSE for the dangerous work practices you're worried about and I just saw that I did that on your other thread. Did you contact them?

 

My best, HB

[SarEl]

Hi.

I've posted on here numerous times before about my situation, but would properly appreciate the advice of an employment lawyer.

 

I've been off sick for over a year now with work-related stress, anxiety and depression. I exhausted the grievance procedure many months ago. I work in a chemical reprocessing plant and I'm terrified. My union just saw whistleblowing in my case and I soon dropped them as they were no help whatsoever.All I want is for my management to acknowledge the awful things that were going on and do something about it. I was sent for an OHS psychatric report and they told my employer they had to accept compromises. They also said that if it came to tribunal I would likely have a case against them under the DDA.

We are currently discussing.

I put forward suggestions, they provided an unrealistic job description, I grumbled, they said no discussion, I told them how sad that made me, they've invited me back for further discussion.

Please, somebody help me!

 

I am not really clear what you are asking or what you expect. I am araid that there isn't any real detail about anything here, and I am sorry but I do not have time to trawl through previous posts to find out. But on the face of this, it does raise some questions about what you think the grievance procedure is for. You dropped your union because they saw your issues as whistleblowing - well, if they are related to health and safety and poor or dangerous practices, isn't that exactly what this is?

 

You say that you want "management to acknowledge the awful things that were going on and do something about it" - well I think you are being unrealistic about what a grievance procedure is. It is not, even if you win, a public confessioanl, and employers are not going to sit there and say "mea culpa - I did awful things"! They may, and if you can evidence something wrong (and I have no idea what it is that you are saying is wrong) make efforts to put it right, or to change something - and in some cases they may have to make changes. But that still doesn't mean that there will be a grovelling apology, and this isn't about "admitting awful things were done".

 

I have no idea on what basis Occupational Health have advised you that you have or may have a case against the employer, but I would suggest that (a) this is not their job and (b) they are not lawyers, so what the hell would they know? I do not go around giving medical opinions, and I wouldn't expect medical practitioners to go around giving legal ones.

 

"I grumbled"... what on earth does that mean? "Grumbling" isn't a process in employment law! And they clearly don't really care about how "sad" that makes you feel - they are employers, not social workers.

 

I am sorry, I am not being flippant here, but I simply cannot fathom what is going on here or what you are expecting to happen, but the language you employ appears to indicate a certain lack of realism about what the employment relationship is, and the lack of any meaningful detail means that I can't give you any further advice.

[unbelievably angelic]

Apologies for my ranting, I feel I'm getting to the end of my tether. My issues at work are not just health and safety related; I was put under a lot of stress by the actions (or inactions) of a fellow employee. We had no specific job descriptions and I felt the amount of work left for me to do was unreasonable. I spoke with my line manager about this (aswell as the h & s issues) on numerous occasions, and I kept being promised that something would be done about it. After months of this, I got to the point where I would be crying at my desk, working unpaid overtime in a panic to get things done. This was when I went off sick, as I was exhausted with it.

My flippant tone with regards to where I am now was an effort cut a long story short. On the back of the OHS report I offered suggestions on what changes could help me back to work. My employer had offered me an alternative office job, this was not created for me, as they were planning on recruiting for the post anyway. It was as receptionist. I held a fair amount of responsibility in my original post, and before all the problems kicked in I really enjoyed it, so I was reluctant to accept the new post.

After looking at my suggestions, my employer basically revamped the job description for the receptionist role and increased the duties. I had also suggested that an official procedure could be put in place, so any problems I encountered could be put in writing to a manager and acknowledged. They have refused to do this, and weren't willing to discuss the new job further.

Another meeting has been arranged for next week.

 

I imagine I am putting too much faith in the wording of the OHS report, but with no union assistance I feel I am very much on my own. Am I being too picky in not accepting the office job? I just feel, perhaps unreasonably, that by pointing out what was happening on site I have been moved away and stuck in a box to keep quiet. My intention was never to cause upset or trouble with my employer, the last thing I would want to do is go to tribunal.

[SarEl]

Honestly? Yes. Lots of people have no specific job descriptions and that isn't really a breach of the law or anything else - except maybe good practice. You might have felt that the amount of work left for you was unreasonable, but this is a subjectibe opinion and has no relevance in law. You didn't have to work unpaid overtime - no employer can force you to do this. But the employer has acted to support you and resolve a return to work by offering you an alternative and listening to your comments and amending that offer to increase the responsibilities and duties of the position. Legally, that is more than they had to do - they could have said, this is what we alternatively have available and if you don't want it we will start capability processes to terminate your contract. You read enough posts around here - it happens more often than not!

 

You are being utterly unreasonable about the procedure for complaints - there is one and it is called the grievance procedure. Sorry, but you cannot have one of your own!

 

I am still not sure what any of this has to do with the site and being moved away - the post seems to indicate that for whatever reason the problem here was a dispute about a colleagues work ethic. But it was you who dropped the union, so I am not sure that they are being unreasonable in not forcing you to accept their help - you could go back to them and ask for help again if you are still a member, and they will give it!

 

But it does seem that this is decision time for you - take the post or not and take the risk of tribunal. But either way, you will not get a confession to awful things - life isn't like that, and if you are waiting for it you will wait for ever!

[unbelievably angelic]

Thank you for your comments. It is good to have an objective opinion, however much I don't like hearing it!

 

I have an appointment at the CAB next week, where I'm sure I'll receive exactly the same advice. Perhaps it is time to accept the world just isn't fair sometimes and move on.

The doctor at my Occupational Health interview told me to stop torturing myself about why they were doing this, as I would never find an answer.

 

Thanks again.

[honeybee13]

Thank you for your comments. It is good to have an objective opinion, however much I don't like hearing it!

 

I have an appointment at the CAB next week, where I'm sure I'll receive exactly the same advice. Perhaps it is time to accept the world just isn't fair sometimes and move on.

The doctor at my Occupational Health interview told me to stop torturing myself about why they were doing this, as I would never find an answer.

 

Thanks again.

 

Hello again. I'm sorry to say it, but I think it probably is time to accept the advice and that the world can be crap and move on. You could just end up making yourself bitter and twisted, and the only loser if you did would be you.

 

My best, HB

Edited November 17, 2010 by honeybee13
rubbish grammar.

[SarEl]

I agree with HB - I see unfair thinngs happen all the time - and that is just at work! I also don't like world povery, starvation, and mass murder. And I am not being flippant about this. But you can either let it eat you up (and the only looser is you) - or do as the Americans say - when life gives you lemons, make lemonade! I know that people who go through tribunal and win still don't feel that justice has been done. Somehow they, like you, expect some sort of apology, explanation, or something. They expect to feel better certainly. They seldom do. Just close the chapter and move on if you are able to.

[unbelievably angelic]

Sorry to be a pain, but I have a lengthy ongoing dispute with my employer (which has been documented on here), and have been invited to my next meeting with a personnel representative and area manager. I have noticed a change in the usual wording of these letters. I am entitled to bring along a family member to this meeting, rather than just a work colleague or certified union rep.

I'm almost certain they will be referring me to the OHS on the grounds of capability. Is this why I can take a family member to this meeting? Would anyone recommend me doing this, as I don't think any member of my close family will be able to keep their cool?

 

Thanks.

[MARTIN3030]

Indeed.

You have lots of threads,so I think its a good idea to merge at least the last one with this one here.

Those who have been following previous and those who have offered advice,will hopefully see this new post you have made.

[SarEl]

It is hard to guess at motivations, but I think the most likley cause here is that you have dropped your union representative (you said you did this before) and refused to take a colleague or said that you do not have anyone you can take. They are therefore extending your legal rights to allow you to take someone else (which is not a legal right) as a reasonable adjustment. This is very rare - and yes, I would question why the employer is doing it because it is not something they are required to do, and few would permit it. My best guess is that you are correct - they have reached the end of their patience and are now planning to finish this situation once and for all. How they intend to do that I would not speculate - but by going as far as this they are doing a good job of covering their backs on the reasonable adjustment side in this matter, and suggests that they are acting very carefully (and possibly with legal advice).

[unbelievably angelic]

Thank you for your response, SarEl. At the meeting (I went alone) I was told they would be sending me a list of Internal Vacancies for the next four weeks and if there was nothing appropriate for me they would be terminating my contract. I will be paid one month's wages in lieu of notice plus any backdated holiday pay owing. This is because I cannot agree to one part of my job description where I must help sort out any clerical problems in the department I worked in. These 'clerical problems' are the one and only reason that I had to take time out with stress. After the last meeting they tried to put words in my mouth in the proceeding notes - that I would not be able to return to the site. I am quite happy to return to the site so long as I'm not expected to sort out the mess in the department that I will no longer be working with.

They've stated that I need to be flexible and provide clerical support for this particular department. I would be happy to do this on an adhoc basis, but to have it written into my contract that I must sort out their problems is too much for me to swallow.I have stated time and time again that I cannot put myself open to the stress and heartache of trying to sort out problems that I have not caused, when the person who caused the problems goes home on time every day, despite getting paid for any overtime. This meant I had to work late regularly, without pay.

 

It's so hard, but I'm determined that I will not give them grounds to sack me because I am refusing to go to work at my site.

Edited January 29, 2011 by unbelievably angelic