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    • Hi Guys,   Following in from my 17 page thread, that dates back over ten years, I am starting a new thread, at the suggestion of the site team. My issue relates the a) service charges relating to the Leasehold flat I bought back in 2006 b) a Managing Agent who is of questionable abilities as a manager of our block of flats. The Managing Agent has claimed £6k in fees to which (I think, as does the new Landlord) he was not entitled. I am wanting to get it back, and/or the fees on my account calculating properly which would leave me with a credit balance.  I am recently in receipt of a 4th claim relating to this dispute, with two of the previous three going 'no where'. The other one they won in default on 2011, but I successfully had that set-aside.They have not given me the money back though. It all started due to poor management of the block, and it transpired upon scrutiny that the management arrangements appear to be unenforceable prior to 2014. It's very complicated. This information is required simply posted, and not as a PDF, so here goes:   1.       BlurredFX Service Charge Saga 2.       Sept 2006 a.       In 2006 BFX buys a leasehold flat. His solicitor advises him that Ground Rent is payable to Landlord-one and Service Charges are payable, but to be wary of the service charges, as he is unable to confirm how they are being administrated. b.       BFX is sent a bill for service charges from PQR Managing Agent. BFX enquires as the legitimacy of the service charges, but is unable to get a satisfactory answer. The service charge requests are not complicit with the required legislation – such as the name of the Landlord. They are served in the name of ABC Management Company Ltd c/o PQR Managing Agents. c.       ABC Management Company has two Directors, both residents of the block in which BFX resides and to which this dispute relates. d.       Landlord-one is absent, except for Ground Rent requests. 3.       2006-2009 a.       Despite written and verbal requests, BFX refuses to pay any service charges until ABC Management Company are properly authorised by Landlord-one – because without such, he has no recourse or way to complain. b.       Demands are not complicit with the legislation. c.       The property was not properly maintained. For example, the lease obligations for an internal redecoration every five years had no been met. The obligations to maintain the exterior of the had not been met, and the timber double glazing was starting to rot quite badly. 4.       2008/2009/2010 a.       TUV Managing Agent Ltd buys out PQR Managing Agent (a sole trader, I believe). They seem to operate interchangeably for a few years, using different headed paper along the way. They seem to be interchangeable. It is the same personnel. 5.       June 2009 a.       TUV Managing Agent LTD, on behalf of ABC Management Company Ltd, file a court claim against BFX. [CLAIM2009] b.       BFX asks them to fully particularise their claim, including asking for details of who authorised them to manage the building and various other pertinent questions. 6.       10th August 2009 a.       BFX sends CPR18 – request for information to TUV Managinig Agent c/o ABC Management Company 7.       2009 a.       Hearing is scheduled for Jan 2010 [CLAIM2009] 8.       February 2010 a.       There is a hearing. b.       Ref: [CLAIM2009] c.       From the Court: IT IS ORDERED THAT the claim be stayed to enable the Parties to endeavour to reach a settlement if no application is made to restore by Tuesday 6th April 2010, the claim be struck out 9.       24th March 2010 a.       TUV Managing Agent sends BFX an agreement to sign, agreeing to pay. BFX does not sign the document. 10.   2010 – 30th or 31st March 2010 a.       BFX attends a meeting with a Director of ABC Management Company and Director of TUV Managing Agent. b.       BFX outlines his position, and suggests a verbal agreement to pay from 2006-2010 once the management of the block is properly administrated – my preference being the ‘RTM route’. c.       The other people at the meeting do not appear to understand. 11.   1st April 2010 a.       TUV Managing Agent on behalf of ABC Management Company write to the Court, asking that the claim be restored, claiming BFX has remained silent. b.       Notice of allocation from the Court, dated 15th April, for a hearing in July. 12.   July 2010 a.       On the day, a lady at the Court informs BFX that TUV Managing Agent has been on the phone, and said that BFX has paid the money and to cancel the hearing. b.       BFX had not paid any money at all. c.       Nothing more is heard of [CLAIM2009] 13.   6th October 2010 a.       ABC Management Co c/o TUV Managing Agent send a letter, after the Freehold Reversion of BFX’s block comes up for sale. TUV Managing Agent outline three options – do nothing, RTM, or buy the freehold. b.       BFX opines that it is not good advice, but is ignored. 14.   December 2010 a.       BFX’s health starts to visibly deteriorate. 15.   Late April 2011 a.       BFX is blue-lighted into the regional hospital, as witnessed by Director of ABC Management Company. 16.   Early May 2011 a.       TUV Managing Agent, on behalf of ABC Management Company, commence a new claim against BFX – literally within a week or so of BFX going into Hospital! b.       This is [CLAIM2011] 17.   August 2011 a.       TUV Managing Agent and ABC Management Company are awarded Judgement in Default. b.       BFX remains critically ill in Hospital. 18.   September 2011 a.       Letter from BFX’s Mortgage Company-One to BFX b.       “We have been advised by TUV Managing Agent that your Ground Rent and Service Charges of £6k-ish has not been paid.” Iy goes on to say pay them. 19.   September 2011 a.       In reference to [CLAIM2011] a letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “As the managing agents of BFX’s Block, I write to advise you that your client, BFX, is in severe arrears and therefore is in breach of his lease. c.       “A County Court Judgement was served on August 2011 in the sum of £6k-ish. A Copy of the Judgement is enclosed for your reference. d.       “I therefore request that this payment is now made in full by your client within 21 days, failure to do so will result in further action being taken and a Section 146Notice [sic] being served on Mr Piggin” 20.   October 2011 a.       Letter from TUV Managing Agent to BFX’s Mortgage Company-One states: b.       “Further to your letter of 25th October 2011, please find below the details of the bank account to make payment of the outstanding service charge and ground rent for the above property” [BFX’s property] c.       Mortgage Company-one makes a payment to ABC Management Co c/o TUV Managing Agent, for the claim amount. 21.   January 2012 a.       Landlord-one sells his freehold to Landlord-two. BFX receives a letter from Landlord-one’s solicitor. It states: b.       “…we write to advise that the benefit of the receipt of the ground rent payable under such Lease has now been transferred to Landlord-two to whom all future payments of ground rent including all arrears and the amount due from 2st January 2012 shall be payable to and whose receipt shall be a full and absolute discharge under such Lease” 22.   February 2012 a.       Landlord-one sells his freehold to Landlord-two. b.       Landlord-two writes to BFX stating that he owes Ground Rent since 2006. c.       That letter from Landlord-two to BFX also states d.       “While we have no wish to disrupt and current workable management arrangements we do have concerns in that respect as the building is not being managed strictly in accordance with the Lease provisions and although we would have no great objection to ABC Management Company Ltd continuing with the management of the structural and communal areas of the building we would be happier if the present informal arrangement, which could in theory be discontinued at any time by any party, could be formalised either by a Deed of Variation being entered into in connection with each individual leaseholder or by a complete Deed of Variation being entere into by all parties. We hope you will support a Deed of Variation and would request your written views in that respect. e.       “We were in direct communication with PQR Managing Agent prior to completion of our purchase and enclose for your information copy letter written to that firm on 11th January 2012. PQR Managing Agent have confirmed they have never received any ground rent payments and they are raising our ‘insurance concerns’ with X Insurer.” f.        The letter referred to above also asks PQR Managing Agent to make certain material disclosures to X Insurer. g.       In his letter to TUV/PQR Managing Agent, dated 11th of Jan, Landlord-two also states, h.       “As management is current [sic] carried out by you on behalf of ABC Management Company Limited, who are not named in the Lease and therefore maintenance obligations are unenforceable against or by that company, you may wish to give consideration to:” It then proposes a) a deed of variation, or b) Landlord-two becomes a client of TUV Property Management, and long term management is done that way. i.         The letter from Landlord-two continues: j.         “Finally, while we appreciate that you are not authorised to collect ground rent and indeed we assume you have not therefore been collecting ground rent, can you please confirm for the avoidance of doubt that you have never collected any ground rent payments from any leaseholder in connection with this building or, if you have collected any ground rent payments, can you please let us have details of such payments.” 23.   October 2012 a.       BFX makes an application for the Judgement to be set-aside, an account of his being hospitalised almost constantly since April 2011. b.       A hearing is scheduled. 24.   January 2013 a.       There is a hearing, the Judgement against BFX is set-aside. TUV Managing Agent and ABC Management Company do not attend. BFX has until February to file his Defence and Counterclaim, which he does. 25.   March 2013 a.       AQ’s submitted, and hearing scheduled. b.       TUV Managing Agent, on behalf of ABC Management Company is ordered to pay the hearing fee. 26.   18th April 2013 a.       Court orders unless TUV Managing Agent, on behalf of ABC Management Company pays the fees, the claim shall be struck out. b.       Letter from the Court: BFX’s counterclaim remains listed for May 2013. There is a hearing, and TUV Managing Agent, on behalf of ABC Management Company fail to attend. 27.   May 2013 a.       After a hearing, where TUV Managing Agent and ABC Management Company fail to attend, the Court orders: “The claim be adjourned generally with the liberty to restore on the application of either party.” 28.   2nd half of 2013 and 2014 a.       Various letter from TUV Property Management, and meetings of residents. It is decided by Leaseholders in BFX’s block that we should exercise our ‘right-to-manage’. 29.   17th February 2014 a.       Letter from a solicitor dealing with the RTM progress, it says Landlord-two now has 28 days to file a response. 30.   4th June 2014 a.       BFX Receives a letter from TUV Property Management it states: b.       “Please find enclosed a new standing order form for BFX’s block. c.       “We have opened a new current account for BFX’s block due to the Right to Manage coming into effect in 1st July 2014 d.       “The new standing order is to commence on 1st July 2014…” e.       It continues with pleasantries about cancelling old SO etc. 31.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.3k, the description on the invoice being ‘Account Adjustment: Transfer from previous Management Company’ 32.   2nd July 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.6k, the description on the invoice being ‘Account Adjustment: For period 4th July 2014 – 30th September 2014’ 33.   28th July 20014 (1) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.5k, having added £12. It states ‘Account Adjustment: Title Register’. b.       IT ALSO SHOWS BFX’s FIRST PAYMENT of 1 month’s service charges to ABC RTM Company Ltd as ‘Payment Received’ 34.   28th July 20014 (2) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £3.8k, having added £360 court fees. It states ‘Account Adjustment: Court Fees’ 35.   28th July 20014 (3) a.       ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX for £4k, having added £120 in court fees 36.   11th August 2014 a.       The newly formed ABC RTM Company Limited (c/o TUV Managing Agent) sends an invoice to BFX adding another £85. Description: ‘HM Court fee as fee is £205 not £120 – difference’ 37.   August 2014 a.       Following another emergency admission to Hospital for BFX, ABC RTM Company Limited immediately file a claim [CLAIM2014] for alleged arrears from 2011-2014. Approximately £4k. 38.   November 2014 a.       From the Court: Claim [CLAIM2014] stayed until February 2015, by which time the Defendant is to serve his Defence and in default shall file and serve further medical evidence supporting his inability to do the same. 39.   September 2015 a.       Claim stayed until end of October 2015 40.   November 2015 a.       Claim stayed until Jan 2016 41.   8th January 2016 a.       BFX makes an application for summary judgement [of CLAIM2014] that the claim be struck out, as it is a relitigation of [CLAIM2011] 42.   Feb 2016 a.       Transferred to local Court. 43.   31st March 2016 a.       There was a hearing of my application (I think) b.       From the Court, re [CLAIM2014] c.       IT IS ORDERED THAT d.       The hearing of today’s date be adjourned e.       The Claimant to file and serve a fully Particulars (detailed) Particulars of claim [sic] to set out the basis to the claim, entitlement of the Claimant to recover sums from the Defendant, detailing sums recovered and any outstanding payment plus other details which the Claimand may advise to address by 22 april 2016 f.        The Defendant to file and serve a detailed defence addressing the Particulars of Claim in paragraph 2 above by 12 may 2016 g.       If the Defendant wishes the application of today’s date to be relisted (upon consideration of the fully particularised Particulars of Claim), the Defendant should write to the court, at the same time as filing a defence, with a copy of this order, asking for the Court to relist the application for hearing with an estimated length of 1 hour 30 minutes (30 minutes of it being reading time). In the event that the application is relisted, both parties to file and serve detailed statements addressing the subject matter of the application 7 clear days before the hearing. 44.   17th May 2016 a.       From the court: b.       “IT IS ORDERED THAT The Defendants application be relisted in accordance with the order made on the 31st March 2016 on Monday 27th June at 15:30pm with an elh of 30 minutes,not to be heard by telephone” [sic]” 45.   June 2016 a.       I think there was a hearing, possibly. I am looking for the paperwork. I attended the hearing directly from a different regional Hospital to the usual one, where I was being treated for a brain infection. We got our heads bashed together by a clearly infuriated Judge, Judge advised ABC RTM c/o TUV Managing Agents to get a solicitor, tells BFX to be clearer in what he says. Nothing further was heard. Until… 46.   7th April 2017 a.       BFX has an invoice for 1066.00 from TUV Managing Agent c/o ABC RTM Company Ltd 47.   August 2017 a.       BFX mortgage sold from ‘Mortgage Company-one’ to ‘Mortgage Company-two’ 48.   13th September 2017 a.       BFX received an invoice for £5,000 for his share for new windows to BFX’s block. It seemed complicit with s20 LTA 1985 etc. BFX pays £5k. b.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not split as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. c.       N.B. BFX’s flat is in a conservation area, and the price reflects expensive windows, as specified by local planners. There were other attempts to put in cheap, nasty windows, but BFX was able to stop this by making informal representations to the local Borough Council – who in turn contacted TUV Managing Agents, who in turn eventually put in a proper planning application for proper windows, which was approved. d.       There was a lot of confusion during this process, I am pinning down the paperwork, but it was paid. The total invoice was not as per the lease – Leaseholders were asked for funds on a per window basis, but the Lease says the total should be summed and divided by the number of units. 49.   12th October 2017 a.       BFX receives invoice for service charges (or statement of account): £4,800 approx. No payments are made by BFX 50.   25h September 2018 a.       BFX receives an invoice (or statement of account) for a total of £492. b.       It appears they have decided not to collect this amount 51.   March 2020 a.       Claim2020 from ABC RTM Company Limited c/o Company Director (not TUV Property Management) for £890 plus £70 Court fee. BFX has not been paying his fees because the management of the block is terrible.
    • Yes I know.  We would like the story posted up plainly on a post in a new thread with no attachment simply a step-by-step account of what happened and what led to the litigation. I think we can understand why this thread has gone on for 18 pages
    • I think he's hoping the attached pdf would be a satisfactory starting point for a new thread?
    • Please start a new thread so that you can post up a nice brief bullet pointed chronology of what happened which led to the litigation.
    • Hope it all goes well for her CB, let us know how she gets on.
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Hi,

 

New to the forum, so please be gentle - I'm not in a good place at the moment. It has taken me days to pluck the courage to seek help on this.

 

This is a little long, but I'll do my best to be brief.

 

Started new job role in September 2016, after being made redundant from a role I loved. In the December 2016 I started experiencing increased anxiety and OCD issues, visited GP and was placed on a waiting list for a mental health referral. After a telephone consultation with Mental Health Unit I was deemed low risk - I work, wash myself and generally 'function' like a normal person.

March/April 2016, issue became more severe and spent two days off work speaking to Samaritans. Visited different GP who immediately referred me to local mental health unit as a high risk patient. I have been under that unit since then with weekly appointments.

 

Wr agreed weekly appointments as they discovered through treatment that working was an important part of my character and anything that could jeopardize this would have detrimental affect on fragile mental state.

 

It is fair to say that the Unit have never experienced any like myself as they're not used to what they describe as a 'high function' mental health patient; that is I work and look 'normal' but behind the scenes fall apart. I did have a diagnoses of bipolar disorder over 20 years ago, but this was different. Have now been diagnosed with OCD and anxiety so severe I'm classed as disabled under the Equalities Act.

 

Upon returning to work, during my return to work I explained everything with a line manager. And we agreed that I could have the weekly appointments, so long as the time was paid back and it caused little disruption.

 

Everything has gone well until recently. In December 2016 HR became involved due to absence levels affecting the 'Bradford Score' making it really high. HR got involved and had a medical report from my psychologist, explained I am disabled and work need to make necessary adjustments.

 

These adjustments are more around office temperature and asking people not to spray perfumes on the office floor - I work in a call centre. And, to issue a parking pass to reduce anxiety levels.

Work is so hot that I sweat, it causes and OCD reaction and I often go home at lunch for a shower and fresh set of clothing, for example.

 

I've had no occupational health referral. I still have to email daily to get the heating turned down - from 23/24 degrees at my desk.

 

One aspect of my role I cannot do due to my OCD is ask customers to complete a survey to get feedback as the feedback will be about me. HR and myself have spoken about this and they were going to request another medical report to support this. However, this hasn't happened due to line manager leaving and HR wanting to wait for new manager. Not doing surveys has lost me an annual bonus and payrise. Doing them causes distress and self-harm.

 

Also, they advertised for the line manager for my team, I have applied. They are announcing who has the role. I haven't even been told if I had an interview or not, as my application shows as pending. Everyone else has been told this. I even know who has the role.

 

Last week, I had what I describe as a 'turn', after several days of having emails ignored asking for the heating to be turned down to it actually being increased last Thursday, I lost it. During afternoon break during a strip wash - I do this very break - I had heat rash all over my chest and my face was bright red due to the heat. I emailed HR and the management demanding they turn the heating down as it was torture for me in work - I actually used that word too.

Friday I called in sick and was thinking of self-certifying for the week. I'm seeing my psychologist this week. I really dread the thought of going back in, but I'm also scared of the consequences my bradford score is off the charts.

 

Any help or advice would be greatly received. Please. And, thank you reading this long post.

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I'm sorry that you feel this way. And I am sorry but the advice won't be what you want to hear.

You need to find a new job.

 

 

Having a disability does not really give you very much protection at all,

and the things you are describing here are matters for which you can get only minimal adjustments before they hit up against the requirement to do the job.

 

 

You work in an open plan office - so you cannot have a temperature controlled desk.

The office has to be an environment for everyone, and that means compromise - for everyone, including you.

And even if you get some allowance for sickness absence, that is all you will get - an extra few days allowance.

 

 

If your sickness absence is excessive under the system operated by the employer,

this will eventually lead to capability proceedings,

and if attendance at work does not improve, you will probably be dismissed.

That's the same for everyone - at best you may get a little leeway, but nothing more.

 

As for the feedback survey,

I'm sorry but that is a business requirement and a fundamental part of your job

- I cannot see that any reasonable adjustment is feasible.

 

I think that you need to talk to your psychologist about whether your attempts to maintain employment for which you do not seem very suited are actually having an adverse impact on your health, because what you are describing sounds like this is the case.

 

 

But in any case, I think you may be well advised to consider a different working environment where you will be able to cope better.

There is no shame in admitting that a job isn't right for you.

But you can do yourself a lot of harm by trying to manage in a situation that will never be able to meet your needs.

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I empathize with your position but you need to look for alternative employment.

The Bradford scoring system is outdated anyway for calculating sickness and any company wort its salt stopped using it years ago.

Just because your classed as disabled under employment law does not mean you wont be dismissed under capability.

Save your sanity and look for an alternative 😁

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So sorry you are going through this. It sounds to me like you are doing really well even if it doesn't feel that way. Keep on keeping on. Why people don't have more consideration for others is beyond me. Its been the same with smoking and even eating peanuts on a plane when it can kill those who have severe allergies.

 

Is there any possibility of relocating either to another building or by a window etc? Getting a fan?

 

Have you considered that the call centre itself may be causing the problems? Sick building syndrome? Wi-Fi? Some buildings cause anxiety in people from hidden mold etc.

 

In general, I feel its best, where possible, to lie or put a strong spin about having any disability because people are prejudiced, its not going to change.

 

 

"One aspect of my role I cannot do due to my OCD is ask customers to complete a survey to get feedback as the feedback will be about me. HR and myself have spoken about this and they were going to request another medical report to support this. However, this hasn't happened due to line manager leaving and HR wanting to wait for new manager. Not doing surveys has lost me an annual bonus and pay rise. Doing them causes distress and self-harm"

 

There should be a work-a-round found. Surveys could be done indirectly or via a third party where you still have a fair chance at gaining your bonus for the good customer service you offer. Maybe this is in the pipeline.

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" I did have a diagnoses of bipolar disorder over 20 years ago" Also, it may be worth getting your thyroid and antibodies bloods taken. I have just had mine done with Medi check and discovered Hashimotos (often misdiagnosed as bi polar). Thyroid can cause all these issues etc.

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If you are fundamentally unable to do the role - and getting performance feedback in customer role is a fundamental part of the job - then they can dismiss you, even if you are disabled.

 

Sounds like you need a role with no client involvement; call centre, with its customers and targets and tight control, is not for you.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hello GardenShedTrinkets,

 

Sorry to hear of what you are going through, speaking as someone who had been in and out of work for over a year due to mental health issues, I sympathise.

 

Have you considered looking into or getting in touch with Access To Work? https://www.gov.uk/access-to-work

They may be able to provide some support for you and your employer to help keep you in work, whether that is through getting a special fan for your desk or through one of their mental health rehabilition organisations.

 

Are you on any medication that might be contributing to the excess sweating - some types of medications have this as a well-known side effect. I am on a type of antidepressant that does this, however my medication is currently having its desired impact with my illness, so I have to put up with short sleeves all year round at the moment and a desk fan at this time of year. If you are on similar, it may be worth having another chat with your GP about medication.

 

Ultimately though, I would pay attention to the advice about looking for a new job and the fact you can still be dismissed - whilst you might be able to get some adjustments go your way, there may still have to be some give-and-take involved and if this is going to mean that you won't be able to do your job, then they can start capability proceedings. Hope it doesn't come to this for you though.

 

Good luck, please keep us posted with how you get on.


Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums. If you have found any comments to be helpful (mine or anyone else's) please click the star button under the helpful comment so you can help other CAG members with their decision making.

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Thank you for the replies. I'll do my best to respond to queries raised.

 

Performance wise in my team I ended 2016 the highest salesperson. I deal with training of new starters and do the FCA checks and statistically analysis, the latter two I enjoy as it keeps me busy. The job itself isn't stressful, from a sales perspective it's easy. Only issue is the customer surveys, which ironically our team are under investigation for as the score is too high.

 

In other jobs customer feedback was anonymous, so never had to request it directly, even won awards for customer service and travelled the country training teams on delivery of superior customer service. To me doing the best job possible is the only option, I cannot fathom why people only do a good job to get a good feedback survey. It honestly doesn't compute.

 

Yes, the environment might not be the best, it's an air-conditioned call centre where we're not allowed to open windows and my desk fans just circulate the already warm dank air. Many people complain about it and out of the other 3 floors my floor is always the hottest.

 

Currently looking for new roles now, not having much luck as for some places I have too many skills for non-management roles and can't get a management role as never officially had that title even though done the job.

 

Had multiple blood tests, all negative and currently not on medication as the last time it made matters worse, it took a long time to stop self-medicating, I dread to think of being on 'legal' medicines.

 

For me, the problem with a mental health disability, is you see the faults, the issues, the consequences but they feed into your despair, making you sicker, fulfilling that self-filled prophecy.

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Thank you for the replies. I'll do my best to respond to queries raised.

 

Performance wise in my team I ended 2016 the highest salesperson. I deal with training of new starters and do the FCA checks and statistically analysis, the latter two I enjoy as it keeps me busy. The job itself isn't stressful, from a sales perspective it's easy. Only issue is the customer surveys, which ironically our team are under investigation for as the score is too high.

 

In other jobs customer feedback was anonymous, so never had to request it directly, even won awards for customer service and travelled the country training teams on delivery of superior customer service. To me doing the best job possible is the only option, I cannot fathom why people only do a good job to get a good feedback survey. It honestly doesn't compute.

 

Yes, the environment might not be the best, it's an air-conditioned call centre where we're not allowed to open windows and my desk fans just circulate the already warm dank air. Many people complain about it and out of the other 3 floors my floor is always the hottest.

 

Currently looking for new roles now, not having much luck as for some places I have too many skills for non-management roles and can't get a management role as never officially had that title even though done the job.

 

Had multiple blood tests, all negative and currently not on medication as the last time it made matters worse, it took a long time to stop self-medicating, I dread to think of being on 'legal' medicines.

 

For me, the problem with a mental health disability, is you see the faults, the issues, the consequences but they feed into your despair, making you sicker, fulfilling that self-filled prophecy.

 

I must, I am afraid, add a further comment that probably won't help. I didn't mention it the first time I responded, although I did "think" it. It just seemed like you were so low that it just added to the pressure. But I will now have to mention it. In your OP you said "Have now been diagnosed with OCD and anxiety so severe I'm classed as disabled under the Equalities Act." I don't know who told you that you are classed as disabled, but since "nobody" is classed as disabled "just like that" then your information is very likely incorrect. Disability is described as a condition that has lasted, or will last, at least a year, and which has a significant impact on your ability to function normally on a day to day basis. Now that definition isn't very clear cut, so it means that what a disability is in law is subject to much discussion and interpretation. Effectively, there are two big tests - one is whether you receive PIP (and not all disabled people do), and the other is whether an employment tribunal says you are! So you can actually be disabled to a degree, but not sufficiently to warrant being legally classed as disabled. An example of this might be diabetes - if you need insulin injections that impacts on daily life quite a bit, so that person would generally be considered disabled by a tribunal (but probably not for PIP!); but if, like my sister, it is controlled solely by diet, you aren't disabled.

 

The reason I am saying this is because your current condition is less than a year, and now you have also said that you are not on any form of medication. A weekly mental health appointment may not be enough to make you classed as disabled. This doesn't really change very much, because everything we have already told you applies on the basis that you are or may be classed as disabled, and how little protection that actually offers you. But I think that given what you have now said, you need to be aware - it is not necessarily the case, should the employer choose to argue it, that you will be classed as disabled. There is no longer a register to "prove it".

 

But I still think that you would be best off finding other employment (unless, of course, the suggestion about a transfer to another location, would work out) - there isn't much about what you describe that will change.

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Thanks for all the replies. Makes for interesting reading.

 

Sangie, I was interested in what you were saying about proof of disability, especially lack of medication or PIP. Medication wise I used to have in the past but suffered adversely to the effects I stopped and found alternative legal methods to cope - it is these that have failed resulting in the most recent bout of illness. The psychologist is happy to support a CBT approach without medication - for now.

 

PIP wise, as someone that worked for the CAB I know that could possibly get enough points to be awarded at least the standard living costs, but as you rightly point out it isn't a good measure.

 

On a side note I do have another issue which will probably be best placed here as background helps.

 

Couple of months ago I applied for two roles in current place of employment; actually one being manager for my current team. Applied on the last day due to being on holiday and not really thinking of applying as thought it was a 'fixed game' for either of them. Got interviewed and failed for first role.

 

For the manager role, even though application was received in time the hiring manager ignored it. Whilst we did have a system issue that was resolved in plenty of time the hiring manager managed to get the other applications via alternative means. They got them on the first day of the job role being advertised and people applying. They never went back in to check for other applications even though the role was advertised for a week - work have admitted this much.

Work announced the successful applicants, never acknowledging mine. Raised it with HR who contacted the hiring manager, who wonderfully commented how I have now caused them a problem - of all the people you could say such a comment to, I am not that one, and, yes they knew of my mental health issues. This comment and caused a severe depressive episode resulting in being signed off for 3 weeks. Which as caused a loss of pay.

The hiring manager was supposed to bench mark my CV to see if should have been interviewed, Upon return to work the hiring manager has left and not comment upon this in their handover. Work have told me to get over it. They have also obtained a second medical report which was supposed to be done 4 months ago.

 

What are my options in this regard? I have done a SAR request and this manager has on multiple occasions requested to file disciplinary proceedings for my illness related absence; but it is worth noting that these requests came after I raised issue with being marked down for the customer surveys and was thinking of raising a grievance.

 

 

Thanks again.

Edited by GardenShedTrinkets
spelling :(

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Only a court can determine if you have protection under the Equality Act. Everything else - GP notes, Occ Health report - is an opinion.

 

Clearly, the manager did not want to hire you for the new job. You can hoop jump as much as you like, but it would not change the outcome; it is easy to find a legit reason to fail someone. If a comment on thie applcation caused a 3 week absence, are you sure you are robust enough to be at work? I am not following how the new medical report relates to your job vacancy query.

 

So, you can let it go, or you can pursue a greivance and increase the size of the target on your back.

 

People suggested a differnt employer - any steps taken in that direction? You now have a reputation where you are just now, and that can be difficult to shake.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Multiple applications outside of my current place of work; issue always seems to be the same - too experienced for entry level roles and never had the title of manager even though I've done the role on multiple occasions.

 

The new medical report was supposed to support with not doing customer feedbacks. The medical request form was sign back in May and they've just sent it off in September. I had asked for them to get the reports in June and August but HR never responded to the request, it seems strange to request the reports now after being medically signed off.

 

Robust? I like to think I am, this absence is the accumulation of multiple issues; begin denied an opportunity, being told I was now a problem as well as a few other things caused a complete snap. Everyone has a tipping point.

 

Guess I'm looking for some help with what to say in a grievance with this. I've been denied an opportunity that would have helped with my mental health, was something I can do as have done the role in the past. I've been denied it either because the manager discriminated against me or was incompetent or a mixture of both. Everyone deserves a fair chance - I haven't.

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I would suggest that without union support, it's going to be a stressful exercise in pointlessness. You want them to put their hand up; they won't because you could then go to court. They are going to arse cover all the way, and they have all of the cards. You achieve nothing but being an irritant, which will not get you a promotion/move.

 

So. Got a union card?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Sorry to hear you're still having problems GardenShedTrinkets.

 

However, I cannot see what a grievance is going to achieve. They are not going to take a promotion off of someone else just to put you in place and the fact that you were interviewed for one of the vacancies suggests they haven't discriminated against you.

 

Furthermore, all I can see happening is you getting more stressed. You will probably just end up feeling resentful and they will probably see more reason to make your working life difficult.

 

Are you sure that a promotion with this company would have been a good thing for your mental health when you are not happy with the way they are dealing with things such as your medical report? Regardless of how they have been running things, if you've needed to take time off for your illness again, you really need to think about whether you should be in that type of environment.


Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums. If you have found any comments to be helpful (mine or anyone else's) please click the star button under the helpful comment so you can help other CAG members with their decision making.

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Thanks for all the replies. Makes for interesting reading.

 

Sangie, I was interested in what you were saying about proof of disability, especially lack of medication or PIP. Medication wise I used to have in the past but suffered adversely to the effects I stopped and found alternative legal methods to cope - it is these that have failed resulting in the most recent bout of illness. The psychologist is happy to support a CBT approach without medication - for now.

 

PIP wise, as someone that worked for the CAB I know that could possibly get enough points to be awarded at least the standard living costs, but as you rightly point out it isn't a good measure.

 

On a side note I do have another issue which will probably be best placed here as background helps.

 

Couple of months ago I applied for two roles in current place of employment; actually one being manager for my current team. Applied on the last day due to being on holiday and not really thinking of applying as thought it was a 'fixed game' for either of them. Got interviewed and failed for first role.

 

For the manager role, even though application was received in time the hiring manager ignored it. Whilst we did have a system issue that was resolved in plenty of time the hiring manager managed to get the other applications via alternative means. They got them on the first day of the job role being advertised and people applying. They never went back in to check for other applications even though the role was advertised for a week - work have admitted this much.

Work announced the successful applicants, never acknowledging mine. Raised it with HR who contacted the hiring manager, who wonderfully commented how I have now caused them a problem - of all the people you could say such a comment to, I am not that one, and, yes they knew of my mental health issues. This comment and caused a severe depressive episode resulting in being signed off for 3 weeks. Which as caused a loss of pay.

The hiring manager was supposed to bench mark my CV to see if should have been interviewed, Upon return to work the hiring manager has left and not comment upon this in their handover. Work have told me to get over it. They have also obtained a second medical report which was supposed to be done 4 months ago.

 

What are my options in this regard? I have done a SAR request and this manager has on multiple occasions requested to file disciplinary proceedings for my illness related absence; but it is worth noting that these requests came after I raised issue with being marked down for the customer surveys and was thinking of raising a grievance.

 

 

Thanks again.

 

I'm sorry, but I'm going to have to agree with the others. This is not particularly pleasant for me to say, but you have to be realistic. High sickness absence, issues around capability in certain affects of the job, and the time for weekly appointments? Even if you had no disability, this would cause any employer to pause in respect of a possible promotion. I'm not seeing this as discrimination, because anyone in your circumstances would be unlikely to achieve promotion on this basis. And being disabled, even if that was deemed the case, wouldn't change that. The protections afforded don't include the right to be considered for promotion where others wouldn't be. I think you need to address these issues and "settle" your situation - it doesn't mean that you could never be promoted, but right now is an unrealistic ask given the circumstances.

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