News0 min ago
Employment rights?
I have worked for a national Government dept since 1991, was promoted from E2 clerical to E1 officer grade in 1999. I was forced to move from a normal office to a call centre in 2004 (based on a names out of the hat selection process) and have been off sick since October due to the stress of working in a call centre. It is hideous, every second of your day is monitored and you are questioned if you are 10 seconds late back from your break. You are constantly criticised and told to lower your call times, get people off the phone. You don't have chance to talk to your colleagues at any time so you feel like a machine. As somone who has worked in this department for so long, I know 90% of the work off by heart, but I still get pulled up for not finding the answers to caller's questions on a totally un-usuable computer-based search engine. My doctor has certified my sick notes throughout. My employer says they cannot find any other job for me, even thought they employ over 100,000 people nationally. My union's only suggestion is taking a demotion (at least �5k p.a) to get a post back to the normal office. It looks like I will have to leave and try to get another job, but I doubt anyone will take me on, having been off sick for so long. Do I have any rights? Would I have a chance at an employment tribunal if I did leave? All help would be greatly appreciated.
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A sad situation, which obviously isn't working for you.
As to your 2 questions - your rights? - yes, to remain employed by the organisation in your current role until one party decides to change it or break the contract. And to be paid sick pay according to your T&Cs until it runs out and/or your employer decides you are no longer capable of delivering to your contract and decides to dismiss you (with notice).
At employment tribunal? - the only way of 'getting something' out of this is resignation then claiming constructive dismissal at ET. I am sure you will have explored this with your Union, who has all your circumstances at its disposal. Based on what you have told us, I don't think it would work. There isn't a sudden change to the job here that caused this. Please don't think I'm criticising when I say that 6 months out for stress when you've been out if the stressful situation for all of that time is likely to be problem for any employer. I have been faced with this situation before - it was a case of getting the person back to work a few days per week initially - then more days. The shear thought of GOING back to work was the core issue. But we are all different and I'm not diagnosing your problem. Maybe you just accept this job doesn't suit you - however it get another one through your employer (Government has a comprehensive cross-departmental vacancy advertising system - as i'm sure you know) you really need to be in work to try and take advantage of that. Could you face trying the CC job for a while in the sure knowledge that you were taking steps to get yourself out of the situation once and for-all?
In summary, I think it is trying to find a way of getting back to work to find another job, or facing that eventually your employer will tire and dismiss you on capability grounds. But I'll wager that your Union has suggested something similar to you.
As to your 2 questions - your rights? - yes, to remain employed by the organisation in your current role until one party decides to change it or break the contract. And to be paid sick pay according to your T&Cs until it runs out and/or your employer decides you are no longer capable of delivering to your contract and decides to dismiss you (with notice).
At employment tribunal? - the only way of 'getting something' out of this is resignation then claiming constructive dismissal at ET. I am sure you will have explored this with your Union, who has all your circumstances at its disposal. Based on what you have told us, I don't think it would work. There isn't a sudden change to the job here that caused this. Please don't think I'm criticising when I say that 6 months out for stress when you've been out if the stressful situation for all of that time is likely to be problem for any employer. I have been faced with this situation before - it was a case of getting the person back to work a few days per week initially - then more days. The shear thought of GOING back to work was the core issue. But we are all different and I'm not diagnosing your problem. Maybe you just accept this job doesn't suit you - however it get another one through your employer (Government has a comprehensive cross-departmental vacancy advertising system - as i'm sure you know) you really need to be in work to try and take advantage of that. Could you face trying the CC job for a while in the sure knowledge that you were taking steps to get yourself out of the situation once and for-all?
In summary, I think it is trying to find a way of getting back to work to find another job, or facing that eventually your employer will tire and dismiss you on capability grounds. But I'll wager that your Union has suggested something similar to you.
Thanks for that. It's pretty much what I thought.
Going back there is not possible - even thinking about it brings on anxiety and panic attacks (which I have recently started taking meds to cope with). Whilst I was still there, I had panic attacks and frequently broke down in tears.
Not wanting to sound like a spoilt brat, it just seems so darn unfair that if my name hadn't come out of the hat, I would be in the old office in my old job, with the old-style civil service terms & conditions that just don't exist now (pension etc).
Going back there is not possible - even thinking about it brings on anxiety and panic attacks (which I have recently started taking meds to cope with). Whilst I was still there, I had panic attacks and frequently broke down in tears.
Not wanting to sound like a spoilt brat, it just seems so darn unfair that if my name hadn't come out of the hat, I would be in the old office in my old job, with the old-style civil service terms & conditions that just don't exist now (pension etc).
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