Redundancy /trying to get rid of me/ Grievance ?? Pls help

[loobylou23]

We refer to your current absence from work due to illness. You have been absent since 12/01/12.

In order to address your absence fairly and reasonably, we would now like to obtain a full medical report from your doctor on your current state of health in relation to your ability to perform your job and the prognosis of your future health. In the circumstances, we would therefore ask you to complete the attached consent form and return it no later than 01/02/12. If we do not hear from you by this date, we will conclude that you are refusing your permission to our obtaining a medical report.

Note that we are required by law to seek your consent before being able to request a medical report from your doctor. You are, of course, free to refuse to give us permission to approach your doctor. However, we must warn you that, in such circumstances, this is likely to be to your detriment as we may then be forced to make a decisionabout your future health and employment without the benefit of an expert medical opinion. This would not be a particularly satisfactory situation and is not in the interests of either yourself or the company. In addition, without medical advice it makes it very difficult for us to review what, if any, adjustments we might reasonably be able to make to facilitate your return to work and/or to support you on your return.

In requesting a medical report from your doctor, we must advise that you have rights under the Access to Medical Reports Act 1988. They are as follows.:-

 

They then go on bla di bla you have the right to etc, etc.

[honeybee13]

Thank you for that. The only case I've dealt with is my own, but the wording sounds fairly standard. That's a tight deadline, how long have you had the letter?

 

I'd like the others to advise, because it sounds as if they're trying to back you into a corner, doesn't it?

 

I'm not clear what size this company is, which is why I was asking who the medical information would go to, as obviously you want it treated in confidence and kept securely.

 

Fwiw, if you do agree to this as I did, they're not allowed to trawl through your medical history, it should be strictly work-related. And you're allowed to see the report before it's sent. I went to the GP's surgery and read mine.

 

My best, HB

[loobylou23]

I received the letter this morning, but it is dated 25th January, also the franking mark says 25th January.

It is a small company only 13 employees.

I do believe they are trying to back me into a corner, and have no intention of allowing me to return to work as per redundancy letter from last week.

Probably would be best to go and see my GP as I'm not entirely happy about agreeing to this.

[becky2585]

If you do not agree to this, you should be aware that the company could be able to dismiss you further down the line after a long absence without the benefit of medical evidence because you refused to allow them to get the full medical picture. May not be relevant at present, though.

 

Really, it may be in your interests to cooperate. You have the right to see and request amendments to the report before its sent to your employer, so you can ensure its accurate.

[Blueboy666]

Hello Lou, if it were myself i would make an appointment with you GP, and explain to the Dr that your company will seeking this information, he can then with your assistance detail a report for your loser of a boss that outlines your current medical condition, and state that the result of your illness is work related.

Something your boss wont want to be reading when he opens it.

I would almost certainly agree to the report being given as its in your interest that you co operate as much as fully, and this could well work in your favour.

Kevin

[loobylou23]

Thanks for your replies, I was very unsure about this, and have been worrying about it all day, but after your help I now know you have both suggested the right thing. I think I just needed to hear it from here.

I will be going to my GP tomorrow so will discuss it there.

I feel that they are being very unfair on the time constraints they are setting and also deliberately not posting mail the same day to delay it reaching me.

Can I specify with my GP that my employer only sees current health report or can they go back years ?

[Blueboy666]

Hello Lou, your Dr will know exactly what to put in his report, so you have no need to worry, anything that isnt relevant or work related need not be submitted. You will be in safe hands as its your own GP. a completely different story when its a company DR.

I would also send an email informing them that due to their inablity to get the information to you in good time, that you duely require the same amount of time in order to seek proffessional advice and guidance in future. This will only act as a throw away comment, but will let them know that your not going to be bullied or messed around, and the time contraints they are trying to impose on you will in order to bring fairness to all be granted to you.

Kevin x

[loobylou23]

Thanks Kevin

I mistakenly thought they could access all my medical history !!

I feel much happier about doing this now you have explained it for me.

I'll let you know how I get on tomorrow.

 

Thanks Again.. x

[Blueboy666]

Your more than welcome, some things always seem daunting until you actually deal with them, speak with your GP tomorrow about your concerns and fears, and i am sure that your Dr will reassure you and you will leave feeling happy and confident.

Kevin x

[loobylou23]

Oh well here goes !!

I went to see my GP yesterday and she conpletely put my mind at rest as did you guys on here. I have sent my acceptance form back to orrible boss to access a medical report, so I'm not worrying about that anymore at least.

GP signed me off for another 4 weeks.

With regards to the documents I requested from them last week, I asked for:-

Employee handbook

Copy of my contract

Greivance policy/procedure

Redundancy policy/procedure.

I received a letter today with employee handbook and a copy of my contract (he states in his letter that I have neglected to sign it!!)

He also states that they do not have a specific redundancy policy but are following external advice on this matter (don't know how that can help me)

He has totally ignored the fact that I have requested the grievance policy. I know that I will have to write again to ask for this.

He has also asked for the office keys back !!

I'm not really sure how I can now proceed though.

 

Any help would be appreciated.

 

Lou x

[mariefab]

Would you normally be expected to hand in the office keys if you were off sick or on holiday?

Is the redundancy meeting a consultation meeting and do you know whether any other staff are currently going through this process?

 

You asked for the grievance policy- he didn't send one. From that it's reasonable to assume that they don't have a documented grievance policy.

 

You don't have to repeat your request or wait and see whether he decides to create/send one. You can DIY. For example...

Type GRIEVANCE at the top of a page.

Put something like 'Please accept this as a formal grievance'

State that you consider that you have been subjected to bullying/harassment.

Give examples, sarky notes, shoutiness etc. (if possible dates, witnesses if any)

State that you believe that bullying has been motivated by your refusal to co-operate with the issues in your post#6

Add anything else that comes to mind (e.g. disciplinary for AWOL? when you went to the doctor?)

Finish with something like 'I would appreciate a response at your earliest convenience'. Sign and date it.

 

Keep a copy, send recorded and print off proof of receipt on track&trace when it's delivered.

[loobylou23]

I can understand him wanting the office keys back due to another employee needing them in my absence. He regularly leaves one of the girls in the office on her own, this I always disagreed with due to the location of the office and the dark evenings. I regularly worked longer hours to stop this happening. Although this shouldn't be my problem anymore...

 

With regard to the redundancy consultation - no other staff are involved in this process.

[loobylou23]

Well we have a new development: I received an e-mail from the "orrible boss" after I sent in my fit note from my GP stating "work related stress" for another 4 weeks:-

I received the sick note today with work related stress on it. I am really sorry you feel work commitment has done this; I really don’t want you ill and don’t care about all the bull **** that goes with the legal side and was told not to email you. But I am still a friend and concerned.

The work thing is nothing to do with this email; you should know me well enough to know I don’t have a bad bone in my body. Unfortunately work everywhere in this industry as you know has taken a down turn not just ******** ***** **********, as a business man I had to do what was right for the business and my family and instigate cuts across the company.

Because of our friendship it was the toughest decision of my work career to do away with the manager’s position and I did not sleep for weeks.

I really hope this has not caused you too much stress you don’t deserve it and I am sorry I have emailed you. But I was always intending on doing the right thing and more regarding you going with full pay for a month you can ask anybody this, the Friday morning of the meeting I was going to explain the whole situation but unfortunately you had to leave Thursday.

Regardless of the outcome of all this, and as I said I was told not to email but on record I don’t give a **** I will always be a friend and always respect you. If you need anything I am on the end of a phone.

Anyone got any thoughts on what my next move should be ??

Thanks Lou.

[honeybee13]

Hi.

 

Is this the same man you described in your first post? If it is, bear in mind that bullies are manipulative people and can twist the situation as far as making themselves the victim, if it suits them.

 

My best, HB

[mariefab]

Did you send a grievance?

[loobylou23]

Hi HB.

This is the same man, I totally agree with you how they can be manipulative and that is why I don't trut him one iota.

Hi Mariefab, Yes I sent the grievance he will have received it today. I received this e-mail on Fri.

[Blueboy666]

I totally agree with Honeybee, this evil boss is now just trying smooth over the many cracks he has created. And dont believe for one min that he is anything of a friend as he so makes out in his email. He makes a good ref to the so called Legal crap, that tells me he is now running scared, and has sent this as a way of trying to get you to drop your case against him. Continue to take the good advice you are being given here, and follow through with the grievance, if he is scared now and wants to send an email like that, wait until he really has to deal with his own actions. I am pretty sure he will be willing to offer alot more than a months salary he initially intended to do.

[loobylou23]

Thanks Blueboy, it was my initial instinct that he was twitching and like I've said before I really do know how his mind works.

His e-mail also confirmed that my hunch was right and he had every intention of making me redundant even before xmas.

I'm so glad I walked out when I did as it spoiled his plans for me.

Do you know if I can get any help with benefits etc as I'm only getting SSP. I tried calling the benefit helpline the other day but didn't really get on very well. I haven't a clue how these things work.

 

Lou

x

[honeybee13]

Hello again.

 

If you want benefits advice, post a specific question on the dedicated forum here, you should get some help. You might be looking at ESA, but the guys will advise.

 

My best, HB

[loobylou23]

Thanks HB

[scottymarie]

Hi I don't know if anyone has suggested this, but Try ACAS, (Advisory, Conciliation and Arbitration Service) they deal with Employer Issues, type ACAS on Yahoo or Google, to get their website, they also have a helpline phone number.

 

The Acas Helpline is the place to go for both employees and employers who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

 

Call the Helpline on 08457 47 47 47

 

Take Care x

[loobylou23]

Thanks Scottymarie

 

I just can't seem to think straight at the moment, this guy has really knocked my confidence so badly I don't feel as if I am putting my case across effectively over the phone.

 

However, I will give them a call tomorrow.

Lou x

[Sparklez30]

I found it helped to write down my points and think it all through before phoning acas. They are very helpful though. Get yourself a bullet point list of whats happened and then give them a call