Help Please! Depression Work Related Stress, off since mid 06, now work offer DEAL!??

erewyn

Hi,

I could really use some help.

I will try to get as much info down as possible.

I graduated from uni, and started working at this company immediately, been there 4 yrs end of

2006.

First 3 yrs mainly working internally, testing of product, creating demonstration material and

data so Sales could show clients the product, and I also created many tests so that the

calculations in the product were correct. Basically very much a Quality Assurance (QA) job. This

is very different to the role I was employed to do, which has presenting, creating

reports/documents, etc.

During this period I was "managed" by lady who was not my Line Manager, but was in charge of

creating and selling the product.

The lady has in the last 4 yrs had 2 children, been off regularly due to childrens health or her

own health. During these periods I have been left with very little support, and have tried to

keep the running of the product going along.

In the last year, they have been trying to get me to do more presentations, go to clients, and

produce documents. Without the support, the result has been a lot of stress and along with

personal issues at home, I was signed off with depression in the summer.

I have been to Occ Health who have recommended that I stay off for 2-3 months, and seek therapy.

I recently had a meeting with HR and Management, in this meeting they told me the role I am

expected to do.. presentations, client meetings, etc. The testing should have been done by QA

from the beginning and now has been moved to that department.

They understand I am nervous and not confident in doing this, but have offered to give me

training, which they think will happen as part of my return to work - over 4 weeks.

So I feel they have glossed over the first 3 yrs, and now expect me to learn in 4 weeks and gain

the experiance of 4 yrs so I am doing my job!

HR also highlighted my absence record has been high, roughly 10 days per year, and due to

depression 5 months this financial year. There will be an investigation - the outcomes could be

verbal warning, written, written final, and dismissal. Sounded like dismissal would be highly

possible.

HR them spoke to me privately and offered another solution, a DEAL. Of which I cannot speak to

anyone about only my husband. They will get solicitors to write it up, and I will take a payment,

and have no claim to them in the future.

I am suspicious of the reasoning behind them offering the deal - HR said it was because after

reading my file, because of my personal issues I have said I feel better when I am at home, this

would give me time to get better, not worry for a few months.. bla bla..


Has anyone got any ideas on what I can do next, please?

I have been talking to ACAS and they have offered some advice, but do not know if there is a case

here. Or if I would fare better not taking the deal and getting a Tribunal.

I plan to talk to HR with husband present so it is clear to us both what they are trying to do. I

am very worried about my future, this is the start of my career, and maybe the job is not for me,

but I feel like I have been used, and now they have the demo and testing done, they no longer need

me!

Looking forward to your comments,
Thankful for all MSE help,

E

Savvy_Sue

I believe that as part of the deal, they should be offering to pay for you to have legal advice. And although they're paying for it, I believe the advice should be independent, ie advising you what YOUR options are, advantages and disadvantages of each, not advising you to do what's best for the company.

If you can't post details of the deal, then I'm not sure what other help we can give. Clearly they do want to avoid you claiming against them for constructive dismissal or anything like that, and that would be stressful with no guarantee of a successful outcome for you, especially as they are offering training if you return to work. But only you and your husband can decide if you'd want to pursue something like that or if you'd rather cut your losses, accept their offer, get well and then find a job you enjoy.

Llyllyll

It also depends on what sort and size of company you currently work for.

A larger company and/or government department is likely to give you a substantial sum under the deal, in which case it may be better to accept and look for work elsewhere.

Smaller companies however will not offer such a good deal and the choice of what to do then becomes more difficult.

Whatever you choose, do NOT be pressured into signing the deal when it is given to you. Take it home; read it a few times over a few days and jot down any key points i.e. what they expect and what you will be getting.

Get someone else to read it as well and then make any amendments and/or additions to the deal in writing. It may also be wise to ask a solicitor or the CAB to take a look at it. I would also ensure that in addition to whatever else is included in the deal that they will give you a positive reference - maybe even ask to see a written reference as part of the agreement.

Remember, and I don’t mean this in a ‘screw them for all you can’ way, that they really have no concern for you at all. Everything they are suggesting is designed to ensure the best possible outcome for the company - just make sure that you get the same thing for yourself.

Cazzywazzywoo

I would seriously consider taking the deal.

It sounds as though they want you out -and if you don't go then they will continue to make your life difficult. If you leave now you will have a bit of money and a fresh start.

Their record has not been that good and do you want to be working with a company like this long term any way?

Cazzy

erewyn

Thank you for all your replies, it is good to hear other peoples opinions of the situation.

In reply to Savvy_Sue, they are offering up to £400 for me to get a solicitor to provide me legal advice before signing the contract.

The deal (currently only verbal from HR, and negotiable) is around 4wks pay (taxable) and 6 months (not taxable) - £17k

Llyllyll - The company is large, recently split from parent company to trade on its own (I have a few shares in it already - should I work for another 3 yrs I would get more shares as a reward).

HR talked to me about deal and would like answer Mon (maybe Tues)! And having said I cannot talk to anyone about this I am very confused if I can even get legal advice before talking to HR next week.

Cazzywazzywoo - this is very true, my only worry is my career... but then the money will be giving us a fresh start, and its a chance to do something totally different!

Savvy_Sue

You CANNOT sign the deal before you have had legal advice, and they should not be asking you to do so! All you should be saying on Monday is "I'd like to consider this and I will take you up on the £400 for legal advice, TYVM."

Yes, I am sure you should be able to agree what's said (or not said) in a reference as part of the deal.

quickstepqueen

Hi erewyn

My OH was "paid off" by the firm he worked for. He had been off work ill but wanted to return. Both his GP and the independent doctor that his firm sought, said that he was fit to return to work. The firm however didn't want to believe this. They offered him money to leave (which he did take) but looking back I personally am not sure it was enough!

Also perhaps you need to make sure how your contract termination is worded. When I was ill and off work for almost 6 months I felt that I wasn't ready to return to work and knew that this would be impacting on the dept. To be honest I really wasn't sure if I'd ever be able to return so the company and I decided to call it a mutual termination on the grounds of ill health. This way, when my contract was ended, and still being ill, I was able to claim Incapacity Benefit, as I had neither been fired from my job nor just given it up.

Good luck. It sounds like a horrible situation to be in and personally I would speak to CAB in confidence about this. Why would they want you to speak to no-one about this if everything was above board????? They want it kept quiet because they are opening the back door and don't want anyone to see them shove you through it! If they are trying to get you out the company, then as others have clearly said, look after yourself. It's OK taking the money and doing something else but what if that something else doesn't quite work out for whatever reason. Make sure you really do get a great financial deal!!

I personally think they are being a little underhand so do the same! (Oh dear, I do sound bitter, OH's old firm made me this way!! lol)

rainbowrisin

I would be inclined to say "take the deal", having first taken legal advice. The difficulty with taking them to tribunal (and I would suspect they are worried about this and are trying to "buy you off" - I was offered "a deal" in one of my jobs for precisely this reason) is that you may not win, and even if you do it is unlikely that the amount of compensation you would recieve is equal to the amount you are being offered in the deal - although obviously don't take my word for it, check with the solicitor.

The only issue I think you may need to look are are references when you apply for another job - it may be worth asking your immediate manager (or equivalent) if they would give you a reference. That said, even if they won't, it's not insurmountable - just do a little temping or whatever and you will soon be able to get more work references. I've found I can use personal references for temping, and initially set up a small home business so that I had a client base that I could use for "work" references.

If you stay I would doubt that the situation will improve much, and I don't think you'd be doing yourself any favours healthwise by going back into the situation.

I say take the money, get well and search for a job that you think you'll enjoy.
Good luck.;)

Savvy_Sue

I believe it is quite normal to ask you NOT to talk about such a deal before (or after) accepting it. Clearly they don't want you talking to all your colleagues.

DH was involved in negotiating a resignation from someone who was found to be incompetent during their first year (which I'm not suggesting you are!), but the deal was kept confidential during negotiations, and they agreed what would be said both within the organisation and outside it (in references etc) before it was signed. In that case the person involved could have done a good deal of damage to the organisation during the negotiation process if they'd been able to discuss it with anyone apart from their legal advisor.

jobbingmusician

I would be inclined to take the deal, after having taken legal advice.

However, you could talk to your legal adviser about improving the deal. From what you have said it sounds as if your previous post is actually becoming redundant. If they make the money they give you a redundancy package instead of the way they have structured it, you should not have to pay tax on any of it I suggest you put this to your legal adviser, and if s/he agrees, put it to your employer. It's a way of improving your package without any cost to the employer, after all

The reasons I would be inclined to take it are:

1. You are presumably young (a recent graduate so I assume you are young?), and can get another job easily (MAKE SURE YOU NEGOTIATE A VERY GOOD REFERENCE AS PART OF THE DEAL - you should not have any problems in doing this as it sounds as if your employers realise that they are at risk of a tribunal).

2. Employment tribunals are an unreliable lot and it is hardly ever guaranteed that anyone will win. Previous tribunals don't establish case law in the way that happens with other legal processes. I've been in some where the results have been 'surprising', to say the least!

Savvy Sue is quite right, a confidentiality clause is pretty standard. If you look here, or Google 'compromise agreement', you can find out more and see just how common they are!

Hope this helps - JM

CFC

Take the deal , as it is or a better one if you can negotiate it. They want you out, and if you don't go the easy way (compromise agreement) then they'll get you out the longer and messier way.

That'll be done probably on the basis of capability (sickness record) rather than performance. (Cos they'll have to give you a lot of support on your actual job role and take the risk that you'll screw up before they can go down that route).

Either way, you're better out of the company as realistically speaking, you have no future there, regardless of how the current situation has come about. Get a happier future, and use their money to give you a springboard to that happier future.