Employment Law advice please

ohreally

urban_spirit wrote:

Do you know what the regional officers role in this would be? I'm not sure what one does.

In PCS they will be referred to a FTO's - Full time officers.This is an employee of the union rather than a lay member and their role would be one of advocacy and representation.

tsoprano

Just wanted to offer some support. Know what it feels like to have difficulties at work and wanted to wish you all the luck in the world.

urban_spirit

Thank you so much tsoprano, that means so much-you've no idea!

Nice to get a cyber hug when i'm doing so much fighting. Thank you.

urban_spirit

Further update -

I refused the post in the violent place, talked it over with stand-in rep and explained -was fine. Days later I got a call from usual rep who wanted me to give my yes/no decision, gave reasons again why I refused the job and union got angry. After a long phone call and me telling union to calm down, it appears they want me to take any job thats offered.

Had a letter on Friday advising my transfer on health grounds has been taken off me 'cos I didnt take posts offered. As both posts would cause relapse it would be a frying pan/fire situation. I dont think anyone has explained why i've refused them, even though i've clearly explained this to union.

Call from union this morning. Union have said they have done all that they can do as lay reps, and the next thing is frustration of contract.
Re DDA - Union said I would have to show that they have treated someone else in the same situation as me unfairly for me to be able to legally use this - ???? Not that I want to do anything legal - I just want a job that wont make me ill again or for all this to end. I have agreed to look at violent place to get them off my back and i'm terrified. Of all the things that have happened there, not just to come.

Rang union HQ last week for full time officer to look at my case, and after several numbers being given I spoke to someone who appears to have a lot of experience, but this person is again a lay rep so I think that was another circle.

Phone call from my head of department yesterday saying knows i'm not moving and expects me in work (this is person who harasses staff with disabilities). I said travelling still issue, told I was writing to transfer people with full reasons asking them to look at again. Response was I should decide if I can work or I sign off sick.
I have a disability but despite this can work. BUT I dont have the luxury of being able to work in any place thats thrown at me (which I used to love). Disability puts limitations on, and if I ignore these the consequences are relapse and housebound for months.

Choices
1) Take job i've turned down -impact on health,leading to reporting sick
2) Go back to current place of work - ditto above
3) Resign - sheer bliss,make me very happy but cant claim benefits
4) Report sick - dismissal due to inefficiency
5) New job - have put in for others, nothing yet

Well, I guess I just want to share this with you cos I know nothing can be done. These gorgeous sunny days are being clouded by this. Chest pains since union rang last week, its gettting to me.

Thanks for listening

chloejane_2

From what you are saying there are things that can be done and one that i would suggest is that you do the following, this advice comes from being in a union myself and having a little knowledge of employment law i would suggest you note down who you have spoken to, when you spoke to them and briefly what the conversation was about, if you have not been doing this yourself , also write a clarification letter to the people you speak to as this then stars a paper trail if you want or need to take this issue further, for instance an employment tribunal.
Good luck with this, i dont think it will be a quick resolution and i would also suggest that you do not give up work or give up on yourself, i know that it is easy for me to say this sitting here and not being in your shoes, best wishes chloe jane

urban_spirit

Thanks Chloejane, much appreciated.

I do keep records of all conversations. I do think that things can be done, but I appear to be the only one thinking that.

Was told by the rep who rang this morning I wouldnt win at an ET cos - and he quoted different counter-arguments to what I was saying.

This has gone on for a few years now, with no resloution. I thought this transfer was it, and was so pleased. It appeared to open another can of worms though.

Everyones telling me not to walk, but I cant see any other alternative. An SEO in a different office advised that my work are apparently known for not knowing what theyre doing, and theyve had successful cases against them due to this. But i've done my best to stick with it and sort it out, and the pressure i'm under is affecting me. Cant do this anymore.

CIS

An SEO in a different office advised that my work are apparently known for not knowing what theyre doing

You couldn't expect them to know what there doing now, could you ?

I found most HEO's/SEO's etc etc didn't have clue and with current policies DWP is on peoples back for the slightest issue.

I know of a case where a prson came back of holiday with an injured leg that had been stitched, told there EO that they had been injured on holiday and may have problems with it. They got a phone call the next day off the EO informing them that it was expected that they'd not take any time off at all.

The bets thing you can do is to stick in and keep trying - have you made sure you've read the policy on sick abscences/disabilities ?, often they don't follow it and you can use it against them.

urban_spirit

Thanks CIS

I'm off work right now so dont have access to policy/guides etc. and even if I did my head is all over the place most of the time.

I think that they dont know whats in place and have made up their own rules to suit, and that is one of the reasons I got the union involved. But they have fought with me and doubted what i'm saying more than they have fought for me.

Union said today that the other person in my office thats had the same treatment has just won a huge case against them and got medically retired.

Been on the phone since 9.15am this morning with union and managers and i'm a mess. No job is worth how I feel right now.

chloejane_2

CIS that was going to one of the next thing i asked have you got copies of your sickness, absence, disability, discaplinary, complaints policies and also a copy of your contract? im assuming you are covered under the DDA if so do you know what is applicable to you? The rep that told you you had no chance a an ET how much experience does he have? how many people has he represented at ET's? if it comes to that! what position does he hold within the union? does he have althority to tell you the union can do more for you? has he spoken to the unions solicitors for their opinion? think thats enough questions for now, but feel a little more insight into your union position would help me understand more, chloe jane.

chloejane_2

sorry posts crossed, you should have a copy of some of these policies with your contract but you can ring or the union can ring but should already have some idea what the policies are! to get hold of copies of them, think you need them, and if they do not have them then they are in breach of their duties as an employer.