depression and employment

ohreally

quidsinquentin wrote:

They cannot give a bad reference

Not true, the reference can ''be bad'' as you term it, as long as it is factual and can be substantiated.

Op, contact your trade union and request an experienced steward or a branch officer to handle your case. You employer has a legal obligation to ensure your health and safety under the 1974 act...'It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees'. This duty is enshrined in law and is not simply advisory. The employer must give cognisance to your health and ensure you are treated appropriately and effectively so please involve your union in this.Do you have an occupational health professional to whom you may be referred? Between yourself and your union rep you can ensure support mechanisms are put in place and also a robust monitoring system to ensure you are being afforded all necessary help and assistance in your period of need.Have your jobs all been adequately risk assessed? Your employer could find themselves in hot water if they fail to manage this properly.

quidsinquentin

ohreally wrote:

Not true, the reference can ''be bad'' as you term it, as long as it is factual and can be substantiated.

Op, contact your trade union and request an experienced steward or a branch officer to handle your case. You employer has a legal obligation to ensure your health and safety under the 1974 act...'It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees'. This duty is enshrined in law and is not simply advisory. The employer must give cognisance to your health and ensure you are treated appropriately and effectively so please involve your union in this.Do you have an occupational health professional to whom you may be referred? Between yourself and your union rep you can ensure support mechanisms are put in place and also a robust monitoring system to ensure you are being afforded all necessary help and assistance in your period of need.Have your jobs all been adequately risk assessed? Your employer could find themselves in hot water if they fail to manage this properly.

Sorry, can't agree with this at all. I've just spent two years years fighting a case very similar to the one outlined above. Even with a union, specialist solicitors, various doctors reports, on my side, etc, I lost the case. I lost it because the law simply is not strong enough.

I was a civil servant outsourced to a private company. My new employer had foreknowledge of my condition. Two doctors reports - before I had to go off sick permanently - numerous meetings with management, etc. In the end my employer (quite literally) didn't give a toss, and there was nothing I could do about it, despite having, what one solicitor told me, was one of the best cases he'd seen in years.

Support mechanisms vary, and are often not compulsory. You cannot depend on the employment laws. And there are few employers that actually land in hot water.

Quincy_3

Job Reference
An employer is under no legal obligation to give a former employee a job reference at all. However, if they do give a reference, they are under a legal duty to give an accurate reference. If an employer gives an inaccurate or negligent job reference, the employee can sue their former employer to recover damages. This claim is brought in the County Court NOT the Employment Tribunal. The former employee must have suffered loss ie. they failed to get a job because of the bad reference and lose the income that job would have provided


From http://www.got-the-boot.com/law/law-34.htm

regularsaver1

Have you got a union that can represent you?

as if your manager ius having a go at you for being depressed or even speaking up - thats harrassment

i was told that depression stays on your medical file>?

ohreally

quidsinquentin wrote:

and there was nothing I could do about it, despite having, what one solicitor told me, was one of the best cases he'd seen in years.

Perhaps you had donkeys representing you,they exist in all walks of life. Did they present a strong statement of case and prosecute it competently? How was your case handled, did you prosecute a grievence using the machinery at work,following through to an employment tribunal. You say the employer didn't give a toss...you need to role up the sleeves and fight bloody hard and show you know what your doing and have the reslove to do whatever is necessary to protect your interests.
BTW as a point of interest,my personal situation appears not far removed from yours.I have often to fight hard to achieve a positive outcome, which is often stressfull and can be bordering on hostility from the employer, but i'm persistant and refuse to let them win.

quidsinquentin

ohreally wrote:

Perhaps you had donkeys representing you,they exist in all walks of life. Did they present a strong statement of case and prosecute it competently? How was your case handled, did you prosecute a grievence using the machinery at work,following through to an employment tribunal. You say the employer didn't give a toss...you need to role up the sleeves and fight bloody hard and show you know what your doing and have the reslove to do whatever is necessary to protect your interests.
BTW as a point of interest,my personal situation appears not far removed from yours.I have often to fight hard to achieve a positive outcome, which is often stressfull and can be bordering on hostility from the employer, but i'm persistant and refuse to let them win.

I admire your tenacity. But you must be aware there is a cost/benefit element to this.

My union was involved well before the start of my sick leave. There are two parts to my case. The first was trying to get my employer to adhere to
'support', health and safety etc. The second was trying to take a court case against them. I couldn't do either.

I simply could not prove enough to win the case - not make a case (case was already made), but win it. There were enough written details, etc, but it was simply that my team advised me that my employer would fight a completely dirty case, including using private detectives to gather 'information', which they did. They had done this previously in other cases. They also pointed out that despite my employer having broken several laws, I would not win.

It ended at the point where I was advised that the costs far outwieghed the potential benefits. and it was pointed out to me by one of the best employment/industrial firms of solicitors in the country, that the laws were not adequate enough. I agreed and walked away.

I'm not looking for an argument, I'm simply saying that even with the laws that we have, far more cases are not taken up than are.

You have to look out for yourself, by whatever means necessary. But don't depend on the law.

Three people died after we were outsourced to a private company. That should tell you how bad it was, and how poor the laws are.

Savvy_Sue

Nile wrote:

Regarding the worry about taking sick leave now and it affecting your chances in future employment..............I've been advised that it breaks confidentiality if your current employer tells a prospective employer about your health or sickness absence record. I have friends who are responsible for writing references for employees and they've told me that they only confirm the start and leaving date of the employee and the reason for leaving. Sickness absence and punctuality is not revealed.

that's very interesting. If it breaches confidentiality to tell a prospective employer about someone's health or sickness record, why do so many of them ask for that info?

Astaroth

Because it doesnt break confidentuality as they gain your permission prior to approaching your previous employers.

Doodles

boltonangel wrote:

hi

to cut a long story short i am really tired of going to my day job and crying because i hate and despair of it so much.
i am thinking of going to the doctors on monday and getting myself signed off sick.
i have tried speaking to people at my head office, but everything got back to my area manager, he told my manager, and she dragged me into the office to tell me that she doesn't appreciate me slagging her off (i didn't).
if i was to go off sick i would not be able to return, as i have known people to be off with depression, and managers gossip about them with anyone who will listen (our union is rubbish).

if i went off sick on monday- would i also be able to serve my notice (8 wks) at the same time and still get paid, or does it not work like that.

also i really don't want this to affect my future job prospects, would it? i know i would be able to cope with another job (i have an evening job and love it - but it doesn't pay enough) , but i really feel awful about my present job, and feel i can't work my 8 wks notice.

pls pls help

Hi boltonangel

I really sympathise with you - I've been in a similar situation in the past where I've despised my job and when you feel that strongly about it, it seems to engulf all waking thoughts doesn't it. I couldn't wait for Friday 5pm to come, but when it did I would then already be feeling sick about the coming Monday!

I think you need to take a few days off, if nothing else, to get things straight in your head and put things into perspective. But there were a few ideas that occurred to me:

1) What would happen if you didn't work your 8 week notice period? I'm not sure what line of employment you are in but how about this - take a few days off work sick and register at a temping agency. If you can get immediate work and the worse your current company will do is they won't pay you for those 2 months, then it wouldn't matter as you would still have continuous salary coming in from the immediate employment with the temping agency,

2) Go off sick for a while. Look for another job whilst on sick leave, and if you get offered another position, go back to work and give your 8 weeks notice BUT use any outstanding annual leave you have to reduce this period down (that's if your company will let you do that of course), and maybe the odd sickie day in between as well - whatever can get you through the days/weeks left.

3) Hand in your notice (week 1), then go sick for weeks 2-6, then come back to work for the final 8th week. It might feel intolerable to be at work because you know they have/are talking about you behind your back, but you have to take the attitude "so what" sometimes - let them get on with it with their sad little lives - that's what has kept me going sometimes!

I hope that might be food for thought for you but if not, I wish you well and remember that you WILL get out of this situation - nothing is forever!:)

IKON

Hi all, have just come across this thread and cant believe how much it sounds like what my partner is suffering.After 7yrs with the same employer,4 area managers and promotion on 3 occasions. She now finds herself in the same position.She got a new boss in Jan this year.From day 1 who took a dislike to her.And has told her to her face that she is not his kind of manager.He reduces her to tears in front of staff and customers.In March she was ready to walk out.I advised her to take time out and go sick.She was singed sick for a month with depression by her GP. She returned to work only to find that her new boss sent her to another branch which is due to close at end of year! Asked if she was going to be out of a job was told she would be offered a job 40 miles away. She cant drive so that will be out. After more put downs by her new boss she went sick again, 4 weeks so far. Boss has said he does not believe her GP so is sending her for a private medical.Her union says company has broke her contract and she can claim constructive dissmissal.But after reading these posts Im not so sure. I just hope Bolton angel this is some help in showing that your not alone.Good luck