Should I just resign??

[millymac]

Should I just resign??

Long story short.. Been off work for a year with work related stress caused by bullying. Seen o.h three times and line manager every month, been advised by unison to stick to informal procedures as it would be too 'stressful' for me to go through formal procedures. Union rep is pals with line manager. Wish I'd never listened to them tried to go back to work a month ago but employer withdrew the offer made to me (over 9months) for me to return to work on a quiet day which would just be to get me in the door. I am gutted and am now facing being laid off on capability, haven't ever been advised to put a grievance in (too late now??) and can't claim unfair/constructive dismissal because of this.

 

Emails/phone calls to union have gone unanswered other than to say that they're not putting me forward for legal assistance - no reason given - I am so furious with the lack of union 'support' I've had that I'm just ready to give up and resign

[elche]

I am gutted and am now facing being laid off on capability, haven't ever been advised to put a grievance in (too late now??) and can't claim unfair/constructive dismissal because of this.

 

Hi Milly,

 

Sorry to hear that. Has your employer got any kind of occ health report or doctors report on your illness?

How long have you worked there?

Do Unison have any internal procedure to appeal or request a review of your case?

 

Che

[millymac]

Hi, worked there 6 yrs. occ health have sent reports to my employer on three occasions. Not sure about the Unison question?

[elche]

Hi, worked there 6 yrs. occ health have sent reports to my employer on three occasions. Not sure about the Unison question?

 

Thanks for that. Do the occ health reports say there is any prospect of you being able to RTW in the next 6 months or recommend a phased RTW?

 

As regards Unison, you have paid subs, and therefore it appears you need them.

 

Surely a union member facing dismissal after 6 years employment is entitled to their TU employment legal help?

 

Che

[lindyhop]

Hi Millymac

 

can you deal with not resigning right now? whilst you are still employed your employer has a duty of care. if you have returned to work too soon because you felt pressured can you get signed off again, what about a review of any reasonable adjustments - were any actioned? you mentioned that you have been off work for a year - are you now covered under disability? is the Occ Health aware of the capability issue? the Occ health dealing with my own case was supportive of me, to my employers disgust. is your employer planning another Occ health meeting? my Occ Health meetings were joint with HR (really really useful, as i was able to hear exactly what it was that the Occ health thought my employers should be doing to make things right!) if your own Occ health meetings are joint, make sure that you ask to speak to the Occ health first in private - take the opportunity to explain your fears - i was always given this option - HR then have to explain themselves and options available and Occ health as a witness make a record of it there and then! make sure you get copies of the Occ health follow up letters to your employer.

 

if you felt pressurisesd in returning before being fully fit is this in itself not grounds for a grievance dependant on who put the pressure on? how long have you been back at work? non action of reasonable adjustment i would have thought were grounds. the capability question may also be grounds - have they given you a fair chance?

 

if no joy from your union rep, take it higher to region. get independant advice, discuss your case with the CAB (i had no joy with them, but i understand ever office is different and you may have more success) do you have home cover insurance which may help with legal costs (should you choose that route if it comes to dismissal and you feel that the dismissal was unfair).

 

read some of the other threads that you think are sim. to your own, you will be amazed at some of the useful info and advice they contain that may be helpful to you. plus there are others on this site with a wealth of experience who will offer good advice, sit tight, they will get to you.

 

Regards

[Prouty99]

Hi millymac

 

I would definitely consider approaching Unisons branch secretary in your area, as it seems that the onsite rep is a bit wishy washy. I would send a letter to the branch secretary asking for a detailed explanation why you are not being given legal assistance.

 

In the meantime while waiting for a reply i would join another union (but still keep unison on board), and once i got the reply and was not happy with the answer then i would get the other union to take on Unison using THEIR legal assistance.

 

Any union worth its salt will not allow an inter union court case fight to actually get to court and become public knowledge (It's bad for their image, and business). Last year in a similar case i supported someone working for CAB to get support for the case by using another CAB in the same town to fight the case agains the first CAB

 

No surprise that the case was settled very quickly, without legal proceedings

[goboy]

Hi millymac

 

I would definitely consider approaching Unisons branch secretary in your area, as it seems that the onsite rep is a bit wishy washy. I would send a letter to the branch secretary asking for a detailed explanation why you are not being given legal assistance.

 

In the meantime while waiting for a reply i would join another union (but still keep unison on board), and once i got the reply and was not happy with the answer then i would get the other union to take on Unison using THEIR legal assistance.

 

Any union worth its salt will not allow an inter union court case fight to actually get to court and become public knowledge (It's bad for their image, and business). Last year in a similar case i supported someone working for CAB to get support for the case by using another CAB in the same town to fight the case agains the first CAB

 

No surprise that the case was settled very quickly, without legal proceedings

 

Unions are like insurance if you had problems before joining them they will only deal with the issues after you joined them, my auntie found that out to her expense and as far as she in concerned unions are useless.

[Prouty99]

Unions are like insurance if you had problems before joining them they will only deal with the issues after you joined them, my auntie found that out to her expense and as far as she in concerned unions are useless.

 

They won't let you join if you are part way through action, but in this case no action has been taken yet, and no disciplinary proceedings are in progress, so legally today is like any other day...

 

As an aside to this, occupational stress isn't the same as stress...Occupational stress is classed in law as an industrial injury, same as a broken leg caused by an accident at work. whereas 'general stress' could be caused by anything.

 

I would progress this through an industrial accident claim, but i'm not everyone, and i support everyones choice to take whatever action they feel is necessary...I'm really surprised at Unison though, what is it with that rep ? i'm sure his branch sec would take action, as branch secs are elected, and don't like to upset members who may vote them back into a job (or not)

[millymac]

Hi Millymac

 

can you deal with not resigning right now? whilst you are still employed your employer has a duty of care. if you have returned to work too soon because you felt pressured can you get signed off again, what about a review of any reasonable adjustments - were any actioned? you mentioned that you have been off work for a year - are you now covered under disability? is the Occ Health aware of the capability issue? the Occ health dealing with my own case was supportive of me, to my employers disgust. is your employer planning another Occ health meeting? my Occ Health meetings were joint with HR (really really useful, as i was able to hear exactly what it was that the Occ health thought my employers should be doing to make things right!) if your own Occ health meetings are joint, make sure that you ask to speak to the Occ health first in private - take the opportunity to explain your fears - i was always given this option - HR then have to explain themselves and options available and Occ health as a witness make a record of it there and then! make sure you get copies of the Occ health follow up letters to your employer.

 

if you felt pressurisesd in returning before being fully fit is this in itself not grounds for a grievance dependant on who put the pressure on? how long have you been back at work? non action of reasonable adjustment i would have thought were grounds. the capability question may also be grounds - have they given you a fair chance?

 

if no joy from your union rep, take it higher to region. get independant advice, discuss your case with the CAB (i had no joy with them, but i understand ever office is different and you may have more success) do you have home cover insurance which may help with legal costs (should you choose that route if it comes to dismissal and you feel that the dismissal was unfair).

 

read some of the other threads that you think are sim. to your own, you will be amazed at some of the useful info and advice they contain that may be helpful to you. plus there are others on this site with a wealth of experience who will offer good advice, sit tight, they will get to you.

 

Regards

 

Occ health have also been no use, he has told me ht he's just paid to allow employers to 'tick a box', I started with workplace rep, then branch secretary of unison whose advise has been practically non-existent. CAB wont help me as im a union member. I really am pulling my hair out and it's making my health worse. I decided to try going back to work, under the rtw suggested by GP and agreed by employer but they reneged on everything they have formerly agreed to and, because I'd got myself so worked up and ready to go back, only for them to renege on everything I had a nervous breakdown. I'm still signed off but am facing another oh appt, I believe to allow my employer to lay me off through capability. I'm so angry and upset that I'm being laid off work, have no income and the likelihood of being able to get another job with my confidence rock bottom is nil. No grievance has been put in, no formal action taken and i believe I can't claim unfair or constructive dismissal?? I could just cry.

[dmlferguson]

Start the grievance procedure now. The outcome of that may be seen as discrimination putting you back within the timeline.....I think.

[lindyhop]

Hi Millymac

 

if your employers have not made reasonable adjustments agreed or not, when they are aware of your heath problems i would have thought that you would have grounds for an ET claim if you were unfairly dismissed.

 

it's not only the Occ Health involved with your health care, what of your GP? are you receiving specialist medical care through counselling etc? would you be agreeable to allowing your counsellor/p/trist share information about what they think the best way forward is with Occ Health? that way you help ensure that your best interest is covered.

#

as advised in the previous post, start the ball rolling with your grievance - i didnt put in my discrimination grievance until i returned from sick leave although the discrimination events that lead up to my having to take sick leave happened months before. there are websites that give advice on how to formulate a grievance, send the draft to your union for comment, giving them a time limit for response and advice on it. stick to the time limit and send it to your employer. if you wait for you union rep to write your grievance out for you, i think hell will freeze over first - utilise that anger and frustration if you can and fight back!

 

do you have a family member or friend that can help with this stage? if you have a counsellor they may even be help you with your grievance complaint to your employer.

 

apart from anything else, if you resign there may well be a delay of 6 weeks before you can claim state benefits. and resigning makes things easier for your employer - after all you have gone through, do you really want to make things easy for them?

 

in the end only you will know what is best for you, you will be supported by the caggers here whatever choice you make.

[millymac]

Hi Millymac

 

if your employers have not made reasonable adjustments agreed or not, when they are aware of your heath problems i would have thought that you would have grounds for an ET claim if you were unfairly dismissed.

 

it's not only the Occ Health involved with your health care, what of your GP? are you receiving specialist medical care through counselling etc? would you be agreeable to allowing your counsellor/p/trist share information about what they think the best way forward is with Occ Health? that way you help ensure that your best interest is covered.

#

as advised in the previous post, start the ball rolling with your grievance - i didnt put in my discrimination grievance until i returned from sick leave although the discrimination events that lead up to my having to take sick leave happened months before. there are websites that give advice on how to formulate a grievance, send the draft to your union for comment, giving them a time limit for response and advice on it. stick to the time limit and send it to your employer. if you wait for you union rep to write your grievance out for you, i think hell will freeze over first - utilise that anger and frustration if you can and fight back!

 

do you have a family member or friend that can help with this stage? if you have a counsellor they may even be help you with your grievance complaint to your employer.

 

apart from anything else, if you resign there may well be a delay of 6 weeks before you can claim state benefits. and resigning makes things easier for your employer - after all you have gone through, do you really want to make things easy for them?

 

in the end only you will know what is best for you, you will be supported by the caggers here whatever choice you make.

 

That's very helpful, thanks. I am supported by GP, however she doesn't feel it would be good for my health to return to work with my employers solution of keeping us apart. She feels that will be even more stressful. Counselling was helpful but finished and hubby's at end of tether. Ive been claiming ESA and would hope this would continue?I'm just lost with it all.

[papasmurf1cx]

 

Emails/phone calls to union have gone unanswered other than to say that they're not putting me forward for legal assistance - no reason given - I am so furious with the lack of union 'support' I've had that I'm just ready to give up and resign

 

Of course collusion in a discriminatory matter is also a discrimination http://www.legislation.gov.uk/ukpga/2010/15/section/57

 

if you are going down the grievance route and not getting Union support you may want to put a grievance in about the union too.

 

We went this route. It got messy with 2 ET cases running at the same time. We concentrated on the employer case as it was important to get that case to conclusion before we could even start on the union case. The ET agreed to adjourn the union case until the employer case was settled ie a very very long adjournment.

 

I agree you put in the grievance. It would help if the facts of the bullying and discrimination was fuller.