Stress At Work

[cassa333]

If someone says they are so stressed at and by their work that they have to go sick all the time or use it as an excuse for not doing their job, Why do they stay? and Why should an employer be forced to keep them on and pay them for not being able to do their job?

It seems so wrong that when someone is not doing their job properly they use the stress card and they suddenly become untouchable.

[China Doll]

It depends... if the employer hasn't looked properly at their work loads to see if they are manageable and done the proper assessments then it's the employers fault really. If the employer has done these things and it's still happening then they need to be seen to send them to occy health or whatever their policy states and then if that still doesn't work, then they can start with the performance management and working towards getting them out - it's unfortunately a rather long winded and stress process but it can be done.

[rockyracoon]

They may have a legitimate claim with regards to the stress, if the boss is being unreasonable then it needs addressing and is not the fault of the employee, if it's a case of someone just not liking a job or not being able for it, then I would be inclined to agree with you.

[cassa333]

The particular place I know of is the easiest going place you could come across and the one person who actually should be stressed isn't lol

This particular person just uses it to not have to actually do their job. It isn't difficult or particulay hard. They have always been given a good time frame for jobs and have a lot of personal leway.

I can imagine if you had a job made harder by the boss or something but this guy has been doing the job for years.

They have bent over backwords for him. They got him a partime assistant even though the job doesn't warrent one, They don't give him more than one job at a time, even though their is a schedual that he has been working to for years and have tried to manage him carefully but he is making the most of it.

He doesn't like the fact that in the past he has been allowed to get away with going to the shop (150 yards away) for a pint of milk and taking 2 hours. (I can do it in 10 minutes).

If I knew how to manage him out I would give them the nod lol It is a small local community run charity and they are running scared because they think they can't manage him out and have to keep him forever.

[woofgang]

No they don't, but they do need to follow a procedure to manage the person out.
Its called dismissal on grounds of medical incapability,
example of process here.
http://www.bristol.gov.uk/sites/default/files/documents/council_and_democracy/data_protection_and_foi/MAPolicy_0_0.pdf

[cassa333]

Thanks Woofgang, Is it the same if they are not long term sick but frequently off sick with 'work relatd sick'?

[cassa333]

Sorry to keep on but it is work related stress because they have been told once a label of 'work related stress' had been given it is nighon impossible to get them out.

[Eve]

There are measures for dismissing someone fairly if followed properly. It can be lengthy though it sounds as though they have been trying to make appropriate adjustments.

Try ACAS, they have lots of guidance on their website and a telephone helpline.

http://www.acas.org.uk/index.aspx?articleid=1461

Are there any associated bodies with the charities they could get legal advice from or could they get their own legal advice? Each company can be different as to what is reasonable in relation to the employer and employee so some bespoke advice and ensuring everything is on a formal footing where appropriate and properly documented to avoid a potentially lengthy and costly tribunal claim.

A lot depends on the process, not necessarily the reason, for a dismissal being fair although compensation can be reduced or even effectively wiped out if contributory factors are involved.

Unless there has been a recent change, the loser pays the winner's costs does not work in Tribunals as it does in civil claims so a Tribunal can be a costly venture, even if they win, so avoiding that would be best if possible.

[woofgang]

yes its the same with frequent sickness absence and the same if its work related stress. The employer has to take "reasonable steps" to alleviate the stress but if the person still finds the job too stressful then they can be dismissed. Be careful to follow the process, you might need to write some processes and policies first but if its a paid employment position, then the person can be dismissed from on the grounds that they are medically incapable of doing the job AND that the JD is reasonable (no leaping tall buildings at a single bound) AND that there isn't an alternative job.

[factor-fiction]

Whilst I have sympathy with people who suffer from stress, and most of us do at some stage, in my experience the stress is quite blamed on work when it can well be more to do with the person's personality and overall way of life- eg marital issues, money, family disputes. I also felt some people in my workplace used it as an excuse- ask them to move their desk 50cm or answer a colleague's phone and they'd go off with stress.
The employer has an obligation to manage the situation as best they can in the workplace and make reasonable alterations but a good employer should also follow the incapability process if the steps don't help and the situation is affecting the business and overloading others

[factor-fiction]

Sorry, I started typing that before the answers from Eve and Woofgang were there.

[woofgang]

FF, I am forever doing that!

[joko]

why not suggest voluntary redundancy or something?

explain to him - nicely - that his being ill is causing problems with the workload and you need to get someone to do a job if he cant and ask him if its something he'd consider

you dont have to actually do anything - but this action of suggesting this to him, may make him realise his job is at risk and his cushy ride is over and he will either leave or come back to work properly.

i admit i know little about this sort of thing though, but just a thought.

[cassa333]

Joko,

That would be my suggestion as well but have been told 'you can't do that as it looks like your discriminating and harrasing them causing them more stress'

I dispare of sub committees that know a bit but not enough :( We employ an HR company and thnsay we can' get rid of him. I have sdaid we can if you do it right. It isn't nessisarily quick or easy but it can be done.