Stress Leave

LegacyUser

I'm off on stress leave for the second time - was off in July for two weeks - now three weeks this time. Bullying and harassment. Union involved. Boss and assistant doing the bullying. Nothing changed after I went back to work in August. Working long hours - no lunch/tea break - working late. G.P. wants me to stay off on stress leave. Have found another job but part-time. Work told Union that they absolutely had no problem giving me a reference; that they wanted me to say, and would I try mediation. I don't want to stay, because of the bullying and the stress. I have found a new job which is part-time, and is to start at end of Jan - hopefully I will be well enough then. However, work now won't give the new job a reference, won't respond to the new jobs calls or emails. HR won't respond to my emails. I'm going to lose this new job, and am very stressed about it all - feel I'm being bullied all over again. What can I do?

GalwayGrrrrrl

Could you give a different referee? Bypass your current job altogether- if your new job ask why, just say you are speaking with union and there is a delay on your reference because of this.

davo10

Leaving aside the previous accusation of bullying, employers are not required to give references of any type, a refusal to do so is not bullying. They are probably concerned about giving you a reference confirming you are a good employee while the accusation of bullying hangs over them.

TallGlass

davo10 wrote: »

Leaving aside the previous accusation of bullying, employers are not required to give references of any type, a refusal to do so is not bullying. They are probably concerned about giving you a reference confirming you are a good employee while the accusation of bullying hangs over them.

That sounds like nonsense to me, give the guy a reference and let him leave. If anything it's making the boss of the company look like a total arsehole, if that goes to court and a judge is told about this stunt I don't think they would be happy, even if its not law. It's quite clear the guy is unhappy there, the union are involved, if anything the boss should be happy to see him go and give him a reference to avoid any more hostility in the work place or any court cases. Instead the boss is quite clearly acting the maggot again.

davo10

I'm not suggesting for a minute that the op is not being bullied, it is not nonsense to state that employers are not required to give references. In fact many employers will not provide a reference beyond confirming start and end dates of employment. The op has made an accusation of bullying, perhaps justifiably so, if the employer were to confirm that the op is a model employee, any defense against constructive dismissal would be blown out of the water.

keavebm

How are you been bullied?

Mrs OBumble

Lots of employers won't give references at all these days.

You've been offered a good reference, in return for resigning. Your GP has offered to sign you off sick, so you can resign and still get the benefit straight away.

Sounds pretty obvious what you should do.

LegacyUser

Thanks for all the replies. Keaveb - I was bullied over a period of 18 months - so many obstacles were put in the way of me doing my job - I wasn't allowed to take phone calls form my colleagues, or from health professionals outside my job. I wasn't allowed to refer my patients if needed to social work, even if there were serious child protection issues. I was accused of losing files - which I didn't - kept a record of everything I sent to anyone else; of making mistake letters - eventually I had to type my own letters, then dictate them off the computer screen to give them to the secretaries, so that I could prove I didn't make any mistakes. If I needed support, information/advice to do my job - the phone was never answered. People were ringing up, really upset, several times week, saying they couldn't access the Lead Clinician or her office for appointments, that they had left messages and no one called them back. Several of my work colleagues started to complain about this particular department in the healthcare setting, and about the Lead Clinician - which wasn't me. I was unable to sleep at night in case anything happened to any of the patients because of how the service was. I was also terrified coming each day that I might make the tiniest error, even a spelling mistake, and it would be blown into something major - like I was incompetent or something. My Union sided completely with me and stated it was absolutely bullying and I should leave. Occupational health pushed for part-time for me to alleviate the stress, but management wouldn't agree. Went through informal process, but management couldn't handle the bullies at the informal meeting - they just took the whole platform, and the bullying then escalated. Got to Stage 1 of the grievance procedure. By then I had come out in eczema, was not sleeping any night during the week, would sleep on Friday night, but on Saturday, would start to feel sick again, and wouldn't be able to sleep Saturday or Sunday night. If affected my family life as I was so irritable and cross - my children started looking for new jobs for me, without me even mentioning that I was under stress. Management asked me to stay and go through mediation just after I went out on sick leave - I said I didn't think mediation would work at this stage, but didn't rule it out, but what I really wanted was just to leave. Management eventually did give me the reference. However, now I have to negotiate their requirement for a 3 month notice period - I won't be going back there from sick leave due to not being able to handle the stress of it, so hopefully, they will see the logic of just offering one month's notice max.

Thanks again for replies.

4976340

I am in the same situation. Please don't just leave. There are many processes that you can follow and if you don't follow them then you put yourself at a disadvantage. The first is an informal chat which I assume you have had. The next one (and not blowing it up to legal) is to put in a written grievance. This will have to be reviewed by an INDEPENDENT external person, usually someone from the work relations committee and does not involve legal fees. This is worth doing. If the behaviour towards you or worsens you will find it hard to deal with if you have not followed procedure. It costs nothing, you can decide to continue to work or with your doctor, decide you might be better off at home learning new ways to deal with stress.
I know you feel terrible. I know how you feel.
Please use the options open to you. If the behaviour continues you can then claim a case of constructive dismissal and there is no reason why you should have to carry this unresolved issue with you to your next job. This is your job and there are processes to help you. If you get worse and need to fall back on this situation you will need to have used all the options available to you so that you will get the right ruling for you.
I don't know how you feel about it but would it not be better sorted out than ran away from and you will always carry the concern that some of it was your own fault (that seems to be normal)

Denny_Crane

Get a solicitor involved. They're not as much as you think and you'd be surprised how many employers will end up paying the bill after the negotiations are said and done. You will probably end up signing a nondisclosure agreement and a release in exchange for a reference stating dates of employment.

The solicitor will leverage taking a personal injury claim if they need to for stress or you may wish to discuss going the whole hog, that's entirely up to you.

You'll be amazed the change in attitude once a solicitor gets involved.

amtc

Pm me if you want a recommendation for solicitor. Company paid him in three cases