Workplace Stress and pay

[johnvernon74]

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.

if you had depression this is classed as disability. You can claim under current ET for this. Must stick to 3 month rule from last incident. I notice your in NI, contact equality commission or Labour relations.

[Lilythepink]

I will ask my union's advice, because they will have to pay for the solicitor, as my work involves a lot of legal eagles,and they wriggle their way out of anything. I was talking to the equality commission, but they said Dignity At Work, wasn't something they would deal with it would be the labour relations agency. But over here our HR is dealt with by a firm called HR Connect, who do all the investigation into the claim. I will email the LRA today, and see what they say? I haven't even got a decision from my employer yet, what way they want to go with it. thank you, any more advice, will be gratefully received.

[Emmzzi]

if you had depression this is classed as disability. You can claim under current ET for this. Must stick to 3 month rule from last incident. I notice your in NI, contact equality commission or Labour relations.

 

It depends on the duration and severity of the depression. it is not automatically a disability.

[Lilythepink]

I will hang on a bit, the equal ops over here, said if it lasted a year, but I hope not to get there........but it has lasted a long time and it was created by my workplace.

[johnvernon74]

do you have the union involved? Do you have legal cover on your house insurance? Id consider seeing a specialist employment lawyer. Im from Belfast and know one but unsure if Im allowed to put on here...perhaps site admin could advise. They dealt with my case in Jan and got me a compromise agreement. As for depression how long have you had it? Are you on medication? If so what effect does it have on your daily life.

[rebel11]

Hi john

 

It's against site rules, it's best not to.

[Lilythepink]

Hi John, my union has a solicitor, that specialises in employment law, so I would be using him, as the union pays for the legal side. My depression/anxiety I have had for about 7/8 months, but I was feeling very low in work long before that. Occupational health have said that I am still not fit for work. I want to get well, and get this sorted as quickly as possible. But as there are no time limits on this, and I have emailed them, so I have proof, they don't even bother answering. Equal Ops have said I can bring a second grievance on DDA as depression is a disability, and they can help me with that. I am afraid of losing, and having to pay out money, so that is why I am going through the union, hopefully.

[johnvernon74]

Hi John, my union has a solicitor, that specialises in employment law, so I would be using him, as the union pays for the legal side. My depression/anxiety I have had for about 7/8 months, but I was feeling very low in work long before that. Occupational health have said that I am still not fit for work. I want to get well, and get this sorted as quickly as possible. But as there are no time limits on this, and I have emailed them, so I have proof, they don't even bother answering. Equal Ops have said I can bring a second grievance on DDA as depression is a disability, and they can help me with that. I am afraid of losing, and having to pay out money, so that is why I am going through the union, hopefully.

 

I would push your union about this. There is strict rules under Equality act, you can put a grievance in about DDA, however your employer must have reasonably known about it. In my own opinion I'd submit a ET1 claim form and send a equality questionnaire to your employer. Its up to a tribunal to rule on you having a disability - you should submit your claim, as its ongoing you have 3 months -1day from the last act of alleged discrimination

[Lilythepink]

Just received an email saying that my complaint has been upheld, and it will be investigated by HRC. I am away past the timing for ET, as this has been going on over 6 years. Do you know what happens whenever the investigation is over and it is upheld. Where do you go from there, what happens to the guilty parties, or do you have to go to an industrial tribunal.

[honeybee13]

Hi Lily.

 

Sorry if I'm being thick, but the complaint has been upheld in your favour?

 

HB

[honeybee13]

Actually Lily, this would be better added to one of your existing threads.

 

Which one would you like it added to please? That way it won't hijack live life be happy.

 

HB

[johnvernon74]

Im not sure what happens now! Glad your complaint was upheld. Im sure HRC will make suggestion to your company, followed by intervention from your union and employment solicitor. If you are currently off sick...could you go back if changes were made? If not and the relationship has broken down I suppose they may offer a compromise agreement. However, if thats the case no real winner does not address the issues in reality

[Lilythepink]

I am glad to say yes, but it is now going for an investigation by a third party, an outside company which handles our human resource issues. But at least it has gone so far in my favour, as it could have went against me.

[Lilythepink]

John, I still have missed the boat, went into claim ET1, and you have to fill in what it is under. and I had 12/13 incidents, and loads of other evidence against 3 line managers. So it could be under a lot of laws, equal ops, discrimation, health and safety. Obstruction of paying out expenses. So I would have to wait until they have all been investigated, and then they will tell me which ones are which..... very complicated, hard to understand I know, but will go to the LRA and ask advice, as well as my union, which have known about this grievance since the start.....thanks

[honeybee13]

Lily, I have moved your posts on another thread about someone else to this one. Please continue to post here now.

 

I thought I was adding the posts to another thread of yours but will add a link to help the people trying to help you.

 

My best, HB

[honeybee13]

Here is a link to the thread you started in June in case it helps the guys.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?354146-Workplace-Stress-and-pay

 

HB

[Lilythepink]

sorry honeybee, I seem to be in two threads at once. Maybe switch me to one of my own, as I think this will be a long haul'''

[Lilythepink]

hi, I am back, been posting on the wrong thread. Today I received confirmation from my Equal Ops Officer that they have upheld my grievance, so now it will go on to a third party to investigate. thank goodness at least there has been some movement.

[honeybee13]

Merging your threads.

 

HB

[Lilythepink]

Hi, I have been off work now for 9 months, and have put in a grievance against my employers. I had my first interview about the grievances all 12 of them on Monday, and it appears that they say for 9 of them there is no tangible evidence.

I have witnesses and paper proof for nearly all of them, but they seem to be not interviewing any of my witnesses, and also ignoring the fact that I don't need witnesses for some of them, because I have emails and letters which the union sent.

I am waiting for the report which should come out to me on Monday, but I think they are only going on 3 of them, whereas I have even got hearsay witnesses to nearly all of the bullying.

I am on benefits ESA and am waiting on therapy which has an 8 month waiting list. I have paid for PTSD, and been put on anti depressants, and am only feeling a little better now.

What advice would you give to me, if they ignore the grievance and don't uphold them.

[honeybee13]

Hello Lily.

 

I've merged your new thread with a previous one so that information is easy to find in case the people trying to help you need to see it.

 

Please continue to post here.

 

My best, HB

[Lilythepink]

thanks honey, I am in need of help yet again....

[Emmzzi]

If they don't uphold it? Hmm. Are they still paying you at all? Are you still officially an employee?

 

What do you want the outcome to be?

[Lilythepink]

They are paying me up until 16/10 and then it is up to my dept. Yes I have been an employee for over 10 years.

I have put in a temporary injury award, but they will not make a decision until the grievance has been dealt with. What I would like to happen is for my grievances to be upheld, and maybe the bullies not allowed to manage staff, demoted or something. I had 12 grievances and I have witnesses, so I don't know how they will lie their way out of it. And tangible evidence, what does that even mean? I didn't record everything that was said, but have emails and documentation. The union will support me with legal action, but if they don't I want to know what I could do? By the way I have secured a transfer to another office.

[Emmzzi]

So you are happy and well enpugh to go back given you are being transferred to the other office?