Employment problems and very stressed from it

[klawill]

Hello members,

 

I'm new here and would really appreciate any advice. It might even do me good if someone told me to stop whinging, so please feel free.

 

I've been going through a terrible time with my employer the NHS. I believe i have suffered years of disability discrimination and they have tried to push and push me over the edge into leaving.

 

I finally plucked up the courage to start the formal grievance process. I sent a formal letter of grievance to work over 2 months ago and they have changed the investigation manager 3 times, and i am still no closer to getting a reply.

 

Following putting the letter of grievance in over 2 months it feels like they are doing all they can to get me out of the do by intimidating me. They arranged for me to see another Occupational Health Dr and i had the most terrible experience with an occupational health him, this appointment left me distraught. I then put in a complaint about the conduct of the appointment approx 1 month ago and although they have told me they are investigating it i have had no conclusion on that complaint either. At the occupational health appointment he had my scan reports in front of him. I have at no time given permission for occupational health to access my medical records. Are occupational health allowed to access my medical records without my permission?

 

If they had asked my permission i would have said 'yes' because i have nothing to hide, it just feel like yet another violation i feel

 

The most odd thing was that after the dreadful appointment with occupational health i decided to hand in my resignation. I put in my letter of resignation following submitting the letter of complaint regarding the conduct of the appointment and they asked me to withdraw it to give them an opportunity to put things right. They haven't put anything right since withdrawing my resignation, they are ignoring me, delaying the grievance procedure and they are all dishonest.

 

They clearly wanted me gone, then they asked me to withdraw my resignation and i feel at a loss.

 

Any help please?

 

 

p.s i am on long term sickness and i have been asking to go back to work.

[honeybee13]

Hello and welcome to CAG. I'm sorry you're having a tough time.

 

I expect the guys will be along later and I'm sure they'll tell you to stop whingeing if that's what they think. But I hope they'll try to be tactful.

 

I'd like confirmation, but I think being victimised after filing a grievance strengthens your case.

 

What would be your ideal solution to all this please?

 

My best, HB

[klawill]

Hi HB,

 

I have repeatedly raised my grievance over the years to my employer about the adjustments i needed in terms of my disability and circumstances but i nothing was ever done to help me and my job became unbearable for me to cope with and this over the years subsequently took a toll on my mental health (get the violins out!) all i ever wanted was just to do my job that i trained to do but they made it too unbearable for me to cope with. The adjustments i asked for were not huge adjustments and they might not even be considered adjustment just the basic needs which my contract said i was entitled too. So initially i wanted them just to be caring enough to implement a cple of minor things to help me to my job.

 

As the above was unsuccessful i wanted the formal letter of grievance to address all of the above, for them to take responsibility and to apologize. Naive maybe?

 

There reluctance to come to any conclusion regarding the lodge grievance and the awful treatment i have received since lodging the grievance is leaving me very stressed and upset and they are just making my disability and mental health worse by their silly game playing (violins again)

 

I have been reluctant to go down the tribunal and court route because of it being the NHS and they are already struggling financially but i am becoming increasingly bitter about it all and anger is kicking in. They have destroyed my career and i am a single parent and have a family to support. I feel like i have done all i can to resolve this informally and formally and i don't think i have been unreasonable at anytime. You think as the NHS is the caring industry that they might care for there employees but NO.

 

So i suppose i do not know what my ideal solution would be now (violins again)

[honeybee13]

Thank you for that.

 

Are you a member of a union at all?

 

HB

[klawill]

No, i couldn't afford to keep the membership going. Thanks HB

[dj1971]

Klawill,

 

Sorry to hear about all the trouble you have been experiencing.

 

My first suggestion to you would be to telephone the ACAS helpline and get some guidance from them on how you move the formal grievance forward.

 

If your employer really wanted to just get rid of you then you handed them a meal on a plate by giving your resignation, so the fact they asked you to withdraw it suggests they do actually want you to stay.

 

Have you spoken to the investigation manager to explain how all of this has left you feeling? Maybe if they knew the impact all of this was having on you they would behave differently. I realise having been there myself a formal grievance is a difficult process to go through, even more so because your employer appears to be dragging their feet in sorting this out.

 

So my second suggestion would be to speak to the investigation manager if you have not done so already and explain the effect this process is having on your mental health.

 

A final point of very important information, if you were to decide to take your employer to tribunal, your claim must be submitted 3 months less one day after the final act of discrimination.

 

Good luck

 

DJ

[klawill]

DJ thank you so much for your reply.

 

I don't know who is going to be the new investigating manager yet. They are aware of my mental health and i have said to them that delaying this is not helping.

 

I am keen to leave any submission to the tribunal right up until i have exhausted the internal grievance procedures, which makes the 3 months time limit tricky.

 

It is all very draining

 

Thanks again for your advice

[dj1971]

Klawill,

 

Any claim you make in the employment tribunal must be submitted within 3 months less one day of the last act of discrimination. There is no room for negotiation on this and any claim submitted after the deadline will simply be ruled out as out of time. This could well be why management are dragging their feet.

 

So very important to keep an eye on this. What was the date of the last act of discrimination that you complained about?

 

I appreciate it is very difficult, but there are some fantastic people on here who will be only too happy to help you along the way. Is important that you do not try to take this on alone.

 

DJ

[klawill]

3rd of September was last act of discrimination and beginning of october was the awful occupational health appointment.

 

Feel like they are playing a horrible game with my head, not nice at all.

 

So i may need to act quickly at the end of this month, if i am no closer to getting answers from them.

 

Really appreciate your help thank you

[honeybee13]

Hello again.

 

Just to confirm that you can start off an ET before the end of the internal proceedings, especially if you think they're dragging it out. It might even give them an incentive to get it sorted.

 

HB

[klawill]

Can i not take the years of discrimination that happened before the 3rd septemeber any further? Thanks

[klawill]

Thanks HB,

 

That might be a good idea i think its looking like they are not in any rush to conclude. They are leaving me with very little options.

[mariefab]

Is your employer's failure to make reasonable adjustments the only reason that you are still on long term sick leave?

Do your fit notes specify the adjustments needed?

[klawill]

Occupational health are saying are am unable to return to work in any capacity. My GP thinks i am more than capable of doing a physically demanding role and i have been asking, but because of OH are not allowing it i have been told thay i have to continue getting a sick note from work. I asked my employer if i could get a fit to work note with adjustments but i wad told 'no' because no suitable work is available.

[klawill]

That should say less physically demanding. Thanks

[mariefab]

Ignore what your employer says. If you and your GP believe that you could return to work with adjustments, you should get a fit note saying so (and specifying the adjustments required).

As things stand your employer(informally) and their OH say no.

You need to provide some evidence to the contrary.

 

How long have you been on long term sick?

What are the specific adjustments that you are seeking?