work problems

[cyprusgirlval55]

I have been employed by the same company for over 7 years now in March 2012 I had huge emotional /personal problems which i reported to my line managerthat i was struggling with, her response was virtually non existant so i continued working at what is a very stressful busy full on job.

 

There was an incident with another member of staff where I had a falling out with as I felt I had been undermined this escalated and escalated then my line manager called me in to say there had been other complaints from other members of staff about my behaviour at work this has now led to a disciplinary being arranged, now I am off sick as I just fell apart at these accusations have seen counsellors and the community mental health team and under my GP.

 

My feelings are that my line manager was the only one aware of my problems and failed in her duty of care towards me as I thought I was coping ok at the time obviously in retrospect I wasnt doing as well as I thought!

 

My concern is I may lose my job and do I want to go back and work with her anyway after this?.

 

I had just received my yearly report in February stating I was an assett to the company worked over and above what was required etc etc and now because of my line manager not dealing with the situation correctly I am in a complete mess both mentally and possibly work wise has anyone got any words of wisdom that will help me to get through this.

 

I have got union back up and am considering grievance against my line manager but not sure if I am strong enough mentally to go through it all:???::whoo:

Edited May 30, 2012 by ims21
Paragraphs added

[ims21]

Hi and welcome to CAG

 

I've moved your thread to the correct forum and added some paragraphs to your post to make it easier to read.

 

The guys will be happy to advise as soon as they are available.

 

ims

[lbruk]

Hi, welcome to the CAG and sorry for hearing your troubles.

 

Work and emotional problems all to often are polar extremes and the attitude "leave your problems at the door this is work now" really cant be sustained. What is your companies approach to stress and stress management? The stress does not have to be work-related for them to have a LEGAL OBLIGATION under the Health and Safety at Work Act to protect you from harm whilst you are working. If a problem at home renders you unable to complete your work as you used too then the employer is under an obligation to assist you complete your work.

 

The tricky part is getting them to admit this!

 

Now the unfortunate thing is they do have every right to discipline a person for a breach of contract - IE being aggressive etc. However they also have a responsibility to help you complete your work too. Its a tricky situation, however they should investigate cause of your problem and take them into consideration.

At the moment i would concentrate on getting better, I know it is a long road as I am on that journey too, when you feel better and able to speak to your employer then see how they react. It would also be advisable to speak to your GP/consultant and get their actual diagnosis under the ICD10 codings. This may assist you with claiming reasonable adjustments under the Equality Act to facilitate your return to work and help you stay there.

[stu007]

Hi

 

Just remember you had informed you Employer and they had a "Duty of Care".

 

Now I would write to your employer (recorded delivery always keep a paper trail) and request the following documents:

(NOTE not what is in a staff/employee handbook as this may be a shortened version).

 

1. Disciplinary & Grievance Policy and Procedure (you want both)

2. Health and Safety Policy and Procedure (you want both)

3. Health & Wellbeing Policy and Procedure (you want both)

4. Stress Management Policy.

[billybobyeeharrboy]

Hi mate,

 

Very similar problem to yours which led to an unsuccesful ET hearing and a subsequent appeal to the EAT.

 

The company could reasonably have known that you were unwell (poss disabled even) when you inform your manager. You therefore put your company on notice at the time of the conversation and from this date their duty of care towards you arose. The last post i think is very good advice.

 

 

Interesting to know what other CAG'ers think as this forms part of my appeal.

 

All the best

 

BB

[stu007]

Hi

 

Also have a look at these links on reasonable adjustments:

 

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/disability-in-employment/at-work-making-reasonable-adjustments/

 

http://www.direct.gov.uk/en/disabledpeople/employmentsupport/youremploymentrights/dg_4001071