constructive dismissal & disability 2 of 2

[beaniesq]

. . . . . (please see previous post for start of this question)

This has been going on over 6mths and they are still writing me some very unpleasant letters. I am becoming very depressed about the situation as I feel totally trapped. I want to return to work but I know I am going back into the lions den. I know I won't be able to get another job because my health is completely wrecked at the moment.

I've gone through a formal grievence with them, and I wrote a 10-page long list of my grievances, not one of which they upheld. I have now formally appealed against their decision.

Are there any employment law officionado's out there who could tell me my rights and advise me if I might have a case in Law against these people?

All help would be massively appreciated!! Thank you.

[Eve]

How long have you worked there and what kind of business is it and what kind of role were you employed for?

Could you give us an idea as to what your illness/disability is?

Speak to ACAS about your rights in general...

http://www.acas.org.uk/index.aspx?articleid=14 61

Is there a union for your industry that you could get into contact with for help and support?

There is a bit on disability here..

http://www.acas.org.uk/index.aspx?articleid=18 59

A bit about disputes here...

http://www.acas.org.uk/index.aspx?articleid=16 62

Dismissal here...

http://www.acas.org.uk/index.aspx?articleid=17 97

[buildersmate]

Good advice and links from Jenna.
Just to build on it a bit, most unfair dismissal legislation cuts in from 12 months plus of service. However there are some situations called 'automatically unfair dismissal' where the required 12 months service before one can make a claim to an Employment Tribunal. Dismissal on grounds of disability is one of those.
The process could either be started if the employee were dismissed, or if the employee resigned and claim constructive dismissal because of the unreasonable actions by the employer.
On the evidence you have indicated, you may have a case, but I am not giving you legal advice here. I suspect your employer is trying to manage you out of the business before 12 months service is up, and doesn't realise about the automatically unfair clauses in employment law (or doesn't think that they would apply). As Jenna says, how long have you been there - if close to 12 months, it's a pteety good indicator.

[buildersmate]

Missing words.
Third sentence after ET ................. 'is not required'.

[beaniesq]

Hi Jenna & Buildersmate,

Actually, you are spot on right - I have been there for just over 12 months (about 15 to be precise). At around the 11 month point, they started to put masses of pressure on me and called meetings about me etc. Then, after my 1st 'anniversary', the pressure seemed to tail off a bit and they lost a bit of interest. I wondered at the time why they did that, and now it's all become much clearer!

Jenna - I work in Architecture as a technician. Primarily desk based work. I have ME. It's treatable, and I should get better soon. I will look on the links you've posted! Thank you!

Do either of you know what an Employment Tribunal is? I mean, is it held in a court room, do I need a solicitor? Is it heard in front of a judge? I've read about others doing this but it seems an incredibly daunting process.

[buildersmate]

What you will probably want to know about ETs is here.
http://www.employmenttribunals.gov.uk/about_us /about_us.htm
They set-out to try and avoid being intimidating for the layperson. In the first instance you could try and get free advice from the CAB. You do not have to use a solicitor at an ET but it may help. The CAB will probably be able to help you about that.
Thinking about resigning then claiming constructive dismissal is not to be taken lightly. Even assuming you won and got, say, �20k to �30k out of it, it doesn't get you the job back and it could make finding another job more difficult. Nevertheless it may be an option for you.

[beaniesq]

Yes, going to an ET sounds like a big step and I have to consider the implications to my health, as stress seems to really affect my illness.

On the flip side, I am going to end up resigning anyway because they are making it impossible for me to go back.

They have suggested 'reasonable adjustments'. They have written a list that says 'we will endeavour to support you in your job', and 'we will provide ongoing support in your medical treatment' etc. To me, they are not adjustments. They are just white wash cover-all statements. Mr hospital specialist wrote to them in June last yr when I was first diagnosed, and she included a long list of possible reasonable adjustments for me, not one of which they carried out.

I've also been looking on the links Jenna attached and I could claim constructive dismissal on the grounds of breach of contract. My contract of employment says they will never disclose my private details outside the company, and they did. They emailed my old work colleagues and told them about my illness. The people in question didn't know I was even ill at all, so it was horrible having to explain.

Anyway, thank you for the ET link. I'll have a look now.

Have you been through a similar experience to me, or do you just have an interest in this sort of thing?! I hope its the latter because being bullied sucks. Especially when you're already ill. It just adds to the feeling of helplessness.

[buildersmate]

No, I have worked in a senior position in HR.

[beaniesq]

Oh, I see, so you can see from both sides of the argument I guess!

Well I had a look on the ET website (thanks for the link) and although it looks reasonably user friendly it's not something I'd undertake without a solicitor.

I think I will see what happens about my grievance and then decide from there. It might, as you say, be worth quitting my job & just trying to put the experience behind me. But at least I know I have the Law on my side if I do decide to take it further and its quite comforting to know that.

Thanks for all your help! It's made a big difference - I dont feel as powerless anymore!

[tufty7]

My wifes got ME , Fibro and chronic fatigue, she had to give her job she loved over 8 years ago but longs to go back to work , on her better days she says i am going to look for a job , I say to her "who would employ someone thats well for a week and then ill for two weeks?? that sounds like the problem you are having , Best of luck , this is a horrid illness and stressfull situations only make it worse, keep your chin up ,

[beaniesq]

Hi Tufty, thanks so much for your post. You hit the nail on the head with the employment problems! And its a vicous circle, because the more unwell you get, the more pressure your employers put you under, which makes you feel even more unwell.

It's horribly upsetting when you are in a job you really enjoy, so I can totally understand your wife's predicament. What did she do for a living?

I'm now having to apply for disability benefit which is even more demoralising. I have never claimed benefit in my life but I almost feel guilty, like I'm ripping off the system.

I told my employers about my illness in my job interview, and they said they had no problem with it. But then they realised about 5 months into my time there that what I had was actually a Disability under the DDA. It was like a switch flicked - they went from being fine about it to basically trying to bully me out of the business. So I'm feeling very bitter at the moment! When I confronted my boss about it, he said he was getting pressure from his bosses, like that was an excuse!

I've only had ME for about a year, so your wife is a bit more seasoned than I am! Can I ask, has your wife had any treatments that have helped her? And how she got ill? It'd be great if she had any advise for me as a fairly newly diagnosed person!