quitting without notice?

[anytime732]

Hi

 

Im new to these forums and have been discussing the issue im currently experiencing here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?331740-Benefit-entitlement-advice&p=3659808#post3659808

 

basically my question is even though in my contract it states that after working for the company for 5+ years what are the consequences of not honouring the 2 month notice period?

 

I feel very strongly that if i go back to this job my health will suffer more and all i really want is to take on a job with less stress and pressure?

 

also is it an option to remain on sick leave whilst looking for another job?

 

Any help would be gratefully appreciated

 

many thanks

[papasmurf1cx]

Simply walking away, as you have found on the benefits forum, can cause problems financially. However fighting is an optiion which you have not tried yet. The company want you to be disciplined for being 'sick' but it is the company practices which have caused it. It could be argued that the company acknowledged that it knew of the problem and agreed to adjustments but then reneged on those and made you sick again. A ET would not accept that the company dismissing you for a sickness that they created was fair. So you have two options.... walk away (which you want to do to recover your health which is very wise to be honest) or fight which would mean putting in a grievance and seeing what they did to resolve it.

 

So what route to go depends on you and your ability to fight. Perhaps going the grievance route then walking could solve some of the benefits issues as then you have an argument to present to the DWP.

[anytime732]

i get the point about the raising a grievance however i know exactly what the company is like and they will try and put the blame on me stating i didnt make enough effort. the company has a reputation for making employees miserable enough to leave without giving them any ammunition to fight back with. if i was to make a grievance case then they where to resolve it like last time i fear that they will get me back to work and again would not follow up on the amendments decided upon and i will again be in the same situation

[papasmurf1cx]

How long have you had this illness? Have you been given an medical indication at how long the illness will last?

[anytime732]

this all started around this time last year and i was signed off for about 3-4 weeks in march with depression, i atended some therapy which was totally useless and retuned to work with a few changes and the promise that i would be helped with my work load (being the only trained engineer in the department and acting as senior engineer there was really little they could do with helping me out with my work load) this period started a few weeks ago with food poisoning and then a week later i was suffer again with anxiety and things have gone down hill from there. the company know my partner is 38 weeks pregnant and we have just moved into our first house even with this knowledge they still left it over 20 days to tell me that i would be on ssp so all the stress of trying to arrange benefits and agreements with creditors has only worsened my condition. my antidepressants where changed as when i started taking the ones i was on before they where ineffective, the second lot of meds i was given gave me servre mood swings after about a weeks of taking them so now im on a third type of med which so far isnt having much effect, i have a review with the doctor next week. as for how long it will last its unknown however i was told that it will probably be an ongoing issue and once ive found the right medication it wont be something that hinders me in work and at home

[papasmurf1cx]

Ok. This sounds very much like it is covered by the Equality Act 2010 as an illness that would be classified as a 'disability'. The implication being that the adjustments to your working practices and then reneged on would be 'failing to provide reasonable adjustments'.

 

Any grievance you put in should include allegations of discrimination and failing to provide reasonable adjustments.

 

I think for clarity you should write to HR and inform them of your long term condition and (up to you) notify them of the grievance too, and a full grievance to follow. This will put them on the back foot because allegations of discrimination are a nightmare for HR. It also ensures that any future 'detriment' they enact on you will be covered as an act of Victimisation. Victimisation is defined as an intentional action (this can be anything) designed to act against the victim BECAUSE they raised a grievance over discrimination issues, or started an ET action. These tend to get personal because they show up the actions of individuals. Normally after defending these to the bitter end they want to negotiate a way out because the reputation damage that they disriminate is very powerful.

 

I have to say though that going this route is very stressful and with an illness and baby on the way and financial worries you might not want that. However, and this is most unwise but still an option, after going the grievance route should you then leave you could go for constructive dismissal and discrimination. However this is fraught as you have to prove a catastrophic break down of the trust between employer and employee which is difficult. It is alway best to let the employer do the dirty work and you merely remain sick.

 

One last thought, have you legal protection cover for employment disputes? They can be found attached to home contents insurance. That would give you a fighting chance, I am supposing you are not in a union (not that they are any use in my view) as you have not mentioned them?

[anytime732]

im not in any union and im not covered for this in my home contents insurance.

 

if i was to launch a grievance against the company under the grounds of discrimination and disability and they where to offer again amendments to my working envirorment would i have to accept this or could i claim that the like you said the trust between myself and the company and vis versa has been damaged to a point beyond repair and would i have to go back to work for them to try their new amended working conditions if applicable?

[anytime732]

also would the company be able to claim that i did not inform them that the adjustments where not helping as this is nearly a year away from the last instance of sickness?

[papasmurf1cx]

They already have reneged on reasonable adjustments. They would have known, even if you didn't, that you were 'disabled' and that they should have helped you through the problems you were telling them about so their track record is not good. That is your starting point.

 

Raising the grievance and making allegations of discrimination is likely to polarise your postions, you may not get back to work as the sticking point would be the already reneged promises being the discriminatory practice. However assuming you get past that point and get back to work, they are likely to send you to OH for an assessment. OH should reccomend adjustments, and indeed you should INSIST on adjustments that will work for you. If you give them enough rope they will hang themselves. these type of employers DON'T CARE and merrily do what they want despite the destruction and mayhem they cause by their thoughtlessness. So when you come across another infringement you put in another grievance. The fight will get messy. Eventually after having documented increasing numbers of discriminatory practices and act of victimisation your probably couldn't stand anymore and your health will be affected. That is when you leave if minded. However before then you probably have enough evidence to support several actions for discrimination. Discrimination usually is an ongoing act and one incident leads to another.

 

Adjustments should be reasonable. The cheaper they are the more reasonable they will be viewed. The more expensive the less reasonable, however you have to look at the resources the company have to make a judgement as to what is expensive for the company, it could be very considerable. It is always best to inform the employer of all problems you have. It is also best for you to offer the solution or options that would help. If they don't know they can't do anything about it. Tell everything you want them to know (some people don't want some information out there. Sometimes this can be done through confidential doctors letters to OH. Beware OH are EMPLOYED by the company and confidential matters leak out).

[anytime732]

im still unsure on whether or not i have to accept the adjustments? im very sure that no adjustments will make any difference based on the way im managed and the attitude from HR and higher management.

 

would it be acceptable to launch a grievance and then after the discussions about my return to work for me to refuse and hand in resign without any notice?

 

also where do i stand with applying for other jobs whilst im signed off and havent handed in my notice?