Workplace Stress and pay

[Lilythepink]

I have suffered 6 years of bullying from two line managers, and their boss. I work in the civil service, so I got 6 months full pay, and I have put in a grievance.

My psychistrist has agreed and is willing to write a report in support of the stress that the bullying has caused, and my gp sent me to Lifeline, because I was so bad, I was suicidal.

The problem now is they have cut my pay in half, without even informing me.

I have put in a form for full pay, in seeing that the injury was caused by my work, but they don't seem to think I am elgible for it.....

I know I am lucky I got 6 months full pay, but I would rather be back at my work, and not be ill.

[assisted blonde]

What does your contract say about sick pay, is it 6 months full pay then 1/2 pay or is it discretionary after 6 months? are you in a pension scheme as often if you are you get longer on full pay when off sick? or are you claiming industrial injury and saying you should be on full pay regradless of how long you are off. What does your union say?

Not sure that stress is counted as an industrial injury as such but no doubt someone will know for sure.

[lbruk]

Hi sorry to hear about your problems,

 

Yes stress is an industrial injury and there are some notable cases where employees have won Personal Injury cases against employers. As long as the injury can be directly related to the employers negligence and bullying is one of these points.

 

As for sick pay its all very dependent on the policy of the company. When I was put into the Priory for suicidal/depression/anxiety reasons, my employer didn't pay me anything, even though they were at fault. (still to be proved though!)

[Lilythepink]

It is 6 mth fulll pay and then half pay, but our union guy, says it is hard to get, but people do get it, especially since I have a grievance in, and I have paid for treatment, rather than wait months on the NHS....as I want to get better, and this is making me worse.... Yes i will take them to court and my union will back me......I hope, haven't asked yet, but I will lose my home because of three bullies........

[lbruk]

Again it is difficult to predict what or why decisions will be made. They only have to apply their own policy correctly, the fact you have a grievance should not influence that decision by them. But it probably will, for example they may feel it might "soften" you too their decision if they continue to pay you. However the opposite may be true and the fact a grievance is in, they may well be incensed by your actions (unjustifiably) and how dare you even bring a grievance to us, so we're not going to pay you!

 

It could be either reaction!

[Lilythepink]

Is there any point in getting an outside agency eg equality commission, or LRA...... as other people have received it, and I know my department has paid out compensation to stop the case going to court....

[lbruk]

then potentially you need to file an ET1 for a tribunal or start a personal injury claim

[Lilythepink]

I am only at the beginning all this, as I have been very ill with depression/anxiety. So my union will fund me if I take it to court and provide a solicitor to look after me. thanks for advice though.....

[Lilythepink]

Ibruk

 

hope you are feeling better, I know it has completely changed my life. How are you going to go about proving it though? As I would like to know how it turns out?

[lbruk]

well mine is quite simple, up to the event i was "normal" after this event I wasn't, and my employer did nothing to help me. after this event, sorry for being vague but my tribual is less than 6 weeks away now and they are starting to be a little awkward, however, not as awkward as me!

[Lilythepink]

mine is over a period of 6 years,and it is against 3 people. Did your work not have a formal complaint, or informal complaint, or grievance procedure?

 

I have put in a grievance and I know they will all tell lies, and stick together, and people that I thought were friends, will probably not support me. I am a union rep, and I am getting frustrated with my union......is it your health or your wealth you are concerned about they said..... Both I said, especially whenever the trauma was caused by my work

[stu007]

Hi

 

These PDFs from ACAS may be of some help:

[Lilythepink]

thanks stu007, I am at the end of my tether with my work. My grievance has been with them two weeks and they haven't even told me they have got it.

 

thank you

[papasmurf1cx]

Lily....... you have to tell the DWP that you have an Industrial Injury. Mental illness / stress cases are quite difficult to prove as Industrial Injuries because they are classed as an 'incremental' desease that has creeped up over time. They like SPECIFIC incidents where you can identify where and why you became ill. There can be a 'few' incidents as long as they are identifiable but it is better to identify one event that tipped you into illness.

 

Next the pay issue, make sure you claim ESA because if you are on half pay then there may be an ability to increase your money. Also claim DLA because that will assit you while you fight this bullying.

 

Next, you need to see if your branch of the civil service has an illness benefit which pays out for Industrial injuries / employer fault type situations. The employer WILL not acknowledge liability so if there is one find out what the appeal process is, there could be a way to go over their heads.

 

Next, be wary of the Union they are normally cr*p and discriminate and do NOT take these cases to Tribunal. Start reading and genning up on what YOU need to do. A good starting point is to read this forum on past cases.

[Lilythepink]

They dept haven't told me even that I am on half pay: and I only found out through welfare that I should have got a letter. My problem with the pay is should I have been claiming from 31/5/12, as that is when they cut my pay. How do I do that, I send my line into my dept, and how do I get the sickness pay on top of my half pay.

I have made up my mind though that I am taking them to court. My problem with incidents are that there are six years of it, and I didn't take note of them all, but I noted some of the worst ones.

I was just saying I have got more advice and help from CAG than from anyone. I have filled in a temporary injury, which is used for workplace stress, but the union said it was very hard to get? So I just went about it myself......

 

thanks for the info.

[stu007]

Hi Lilythepink

 

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

(NOTE: Not what is in a staff/employee handbook as this may be a shortened version you want unedited version)

 

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

2. Health & Safety Policy and Procedure. (You want both)

3. Workplace Stress Policy and Procedure. (You want Both)

4. Equality Policy and Procedure. (You want both)

5. Dignaty at Work Policy and Procedure. (You want Both)

6. Sickness Policy and Procedure. (You want Both)

[Lilythepink]

I have got these policies as they are on our intranet site..... But this is the civil service we are talking about and they dont seem to give a damn about the fact that bullying is taking place, they just ignore it. The more people take them to court, the more the government is going to ask why it is costing so much.

I am in the process of waiting for a decision on temporary injury award..... it takes 4 weeks..... meanwhile I am left with bills and worrying does not help stress related illness.

 

thannks

[Lilythepink]

How did you get a ET, I thought the time limit was three months. sorry for butting in, but I have a grievance in with my work as well. I have done one interview at my home, and told them I don't want it to go informally/formal, as I don't trust them.

 

Someone with more knowledge will come along and answer. Good luck

[Lilythepink]

So I have until I have went through the grievance internally, and then it is 3 months from that time? Have I got that right?

[becky2585]

So I have until I have went through the grievance internally, and then it is 3 months from that time? Have I got that right?

 

It depends what your claim is, but no, generally a grievance does not extend any time limits.

[Lilythepink]

but you have to exhaust the internal complaint system don't you....

[becky2585]

but you have to exhaust the internal complaint system don't you....

 

Yes. But you still need to get your claim in if the process hasn't completed - it's a very strict time limit, and case law is very clear that a claimant will not be permitted to raise an ET claim late because they believed they had to exhaust the internal procedures first.

 

Whatever your claim is, keep a close eye on the limitation date and don't let your employer drag the grievance process out, making you miss the claim deadline.

[Emmzzi]

I would attend meetings. Otherwise your employer can argue they have attempted to solve the problem but you have rejected their efforts. In some cases that means no compensation.

[johnvernon74]

I'd be very careful of attending any meeting. Its unlikely they will do anything while Et1 has been filed, have they responded yet. Advise them that while you want to attend the meeting you feel that it would not be in the interest of natural justice while you have a tribunal claim pending.

 

An employer can conduct an investigation and disciplinary in your absence however in my own opinion they won't. Tread carefully

[Lilythepink]

I have definitely missed the boat, as I was very ill with depression caused by work, and didn't get the grievance in until May, but I had notified them and my union that I was putting in a grievance. We have an outside firm that deal with all our complaints, and as I belong to a union, they are keeping track of it as well.