Bullying

[Downandout]

Hello, I am a new user, stumbled across this site trying to find some help.

I've been working for a small company for 14 months. I've had a great year with promotions, pay rises and everything. I stupidly went through the work procedures to complain about my immediate boss as her duties were more and more being put on me as I have previous experience of a manager, and she had none and was struggling .. so I helped her for a long time then got fed up as it was affecting me getting my own workload done.

I've suffered with depression on and off for over 10 years but at the time of starting this company, I had been medication (and depression) free for 2 years.

I was however put back on anti-depressents back in June and have recently started having panic attacks. I'm not sure if this was due to the problem of overwork at work or/and a terminal illness of one of my parents.

Either way, I was off sick for 3 days and due to go back to work (informed them) but before the next day came, was sent a letter 'considering dismissal' and the meeting was 2 days later. I asked for more time, they changed it to the monday, leaving only the weekend to sort anything out. Asked for more time again as weekend is useless, they ignored my request.

I went to the 'meeting' alone (didn't have time to sort someone to come with me) it was adjourned and then they proceeded to ask me questions and things got a bit heated I'm sad to say. I was very stressed and my medication had just been changed so was roller-coasting a bit. I didn't want to go to this meeting, but they'd made it abundantly clear a decision would be made without me if I didn't show.

The emails I've had since have been very catty and I've been trying to deal with it best I can, amongst panic - attacks, not leaving the house for 10 days (I find it hard to leave the house when I'm really down) and them not paying me as they are classing me as on unauthorised sick-leave.

I've sent them a desire for a mutual termination as I don't feel I can go back under such shady and horrible behaviour from them. They've agreed but their terms are shady again!! don't know why I'm surprised.

I dont' qualify for legal aid, have rang every solicitor in my area and nobody gives free legal employment advice. Impossible to get in C.A.B, will be trying again this morning. Acas can only advise on the questions I know to ask (which obviously I don't know everything so am relying on them to help me, but it seems because of impartiality, they are not offering anything unless I ask the question.

I'm stuck, I feel bullied, harrassed, managed out, discriminated against and at this point don't think I can handle the process of going for 'breach of contract' or 'discrimination arising from a disability'

I just don't know what to do and am getting lower and lower in the meantime.

I'd love some advice from anyone who's been in this position

[nukecad]

I think I have been through similar, but you don't actualy give details that are needed.

You don't mention just why they are 'considering dismissal'?
Is this because you have been having a lot of time off sick, or for some other reason?

And what happened after the meeting?
Presumably you got a letter of some kind saying what had been decided.

You also don't say on what basis you are employed, although seem to imply that you are a full time employee.
(Full time employee, part time, zero hours contract, agency staff, it could make a difference).

So without all that information here is the first advice:

Are you sending in doctors notes (Sick notes)?
If you are sending in doctors notes then by law they cannot just ignore these.
They either have to pay statuatory sick pay (SSP), or if they have lawful reason not to pay SSP then they must provide you with form SSP1, which tells you why they are not paying SSP, and return your sick notes.
You then send the SSP1 and sick notes to the DWP who pay you SSP. (It tells you where to send them on the SSP1).

Secondly:

I would not accept any kind of 'mutual termination', and would definitely not resign.
Either of these would prevent you from claiming JSA and/or other benefits.

Be careful of signing away your rights, if you agree to leave its going to be harder to say you were unfairly dismissed if you want to try that later.
Hold out until they dismiss you, if they have the grounds to.

If you can say just why they are 'considering dismissal', ie. the reason they gave in that first letter and the letter after the meeting, what your employment status is, and whether you are sending in sicknotes, then we will be able to give more advice.

[Lighttouch]

In order for the company to abide by the law there is a procedure that they must follow or they will be found guilty of discrimination and dismissal.

You must have had verbal warnings and letters relating to your ability to do the job in question.

Your do have rights and it's up to you to assert them.

Have they offered a phased return to work.
Has the works Occupational Therapists said you are fit to work.

Has the OT suggested another type of work you could do in the organisation. Ideally you should be moved out of this office where you are being bullied and harrassed.

As mentioned - don't play into their hands by resigning unless you really can't get a better outcome. You could even ask for a job redesign to take the stress away

You will be a valuable member of a team going through a bad patch.

[KAREN SV]

Look up constructive dismissal. Also your employer has a duty of care.