Manager bullying after absence from work

ButterflyKisses

Hi everyone, having a few difficulties at work and just wanted to ask some advice.

I work full time for a large retail chain and have done for the last 9 and a half years. Three years ago I was in a car accident on the way to work, which I was told at the time was classed as an accident at work (?) and was off work sick for two weeks with whiplash and injuries to my back and shoulder. This was classed as mitigating due to being an accident at work and not included in my absence levels. I wore a neck brace at work for another ten weeks and had to reduce my hours for 8 weeks to 25 hours a week as I was struggling.

Unfortunately I have been left with permanent damage to my back. I take strong painkillers and manage to do my job role, but there are some tasks which I am unable to perform as they entail excess bending and lifting etc. These do not form part of my job description but are performed by most members of staff. This was agreed in the Next Steps set from my return to work, which have been reviewed several times since.

I have a good historic absence record but have had some problems recently. My department is understaffed and they rely on me to cover a lot of shifts. I had some holiday earlier this year and was very clear that there would be problems covering the department while I was away. I was told I wasn't allowed to train anyone else to help out and that it would 'sort itself out'.

While I was away I unfortunately took ill and received hospital treatment. On my return I felt fine, went away for the weekend with my sister (still on holiday) and then became ill again. I came home first thing in the morning, went to the doctor and then went straight to work (still on holiday!) to see our Manager and show her I was genuinely ill. I was obviously aware that it would not look great being ill after a holiday. I asked if I could take work home and was told no need, just get better.

On my return I found two members of staff had been off sick, meaning the department was even more understaffed than expected. I was called into the Manager's office and asked 'how were they expected to believe I was actually sick when I didn't have a doctor's note?' I explained that our surgery won't give out notes until the second week of absence (I was off 4 days) and that I had come in so they knew I was ill. I was then told that if I was well enough to go on holiday I was well enough to do all these tasks it has been agreed I am not able to perform and that 'they didn't want to hear any more excuses'.

The following day I was given a formal written warning for my absence. The only other absences I had was two days off earlier in the year after being hit by falling metal at work, and a week off after a pain relieving procedure on my back. The first was mitigating and the second was planned and they had six months notice of this. Planned absences should also be regarded as mitigating.

Their attitude was incredibly aggressive, I was told that the two above weren't mitigating absences and they refused to not take them into account. I argued this point as I knew for a fact they were but was shot down. I was told I should have come in for three hours a day after my procedure if I felt I could manage that, against the direct advice of my surgeon. I was clear that I would not have been up to this. The other manager present has had back pain herself (slipped disc) and we had compared notes on many occasions with her being very sympathetic. She brought up things I had told her in confidence in this meeting.

I appealed and the warning was overturned by HR from another site. It is important to note we had no on-site HR at this time. I was told I should receive a letter formally stating the warning was overturned. I have asked on many occasions and have not received this.

Their attitude towards me now is terrible and I keep my head down and get on with things. They are known to be bullies and are like this with many people for one reason or another.

The problem is, I am due to see my consultant next week and I don't know what to do. I know he will recommend I have the procedure performed again but if I take time off I know they will use it against me again. If I don't I will get to the point where I am very limited as to what I can do and will probably have further absences. I know they are angry about my appeal being successful and are looking for an excuse to have another go.

I am in touch with OH at the hospital and they want me to reduce my hours as they feel I am not well enough to work full time but it is not financially viable for me to do so. They have written to my Manager and made recommendations but they are not interested.

I am a member of USDAW.

Thank you if you managed to get through that. I am sorry for the essay but felt background was important.

SarEl

ButterflyKisses wrote: »

I am a member of USDAW.

And so you have talked to your union? And they say...?

ButterflyKisses

Well they helped me get the warning overturned but they're very frustrated. It is well known in all our local branches that there is an issue with these two managers and our most senior in-store union rep has raised it herself with our Area Manager but he seems reluctant to act. I suppose from his point of view it's better to have them in a relatively small site than ruin a more profitable one.

By coincidence our Area Union Steward was in the building the week after my warning to hold a meeting with our reps and he said there was little they could do until someone put in a formal complaint against them. Everyone is reluctant to do this as when complaints have been made in the past paperwork has been 'lost' and the complaint is then a case of their word against yours. They feign ignorance then as soon as the attention is off they make your life hell. There have been several people leave after this has happened in the last year and two are off long term sick with stress.

Emmzi

Look for a new job. It's the easiest way. From what you are saying you are damned all ways. There is the fight for the moral, just and right path, and there is driving yourself crazy.

agrinnall

I'm struggling to understand the timeline of all your injuries/illnesses and which ones are relevant to your current situation. So I will confine myself to one point on the very first injury, the whiplash on the way to work. You say you were told that this would count as an accident at work, who told you this, was it someone in a position of authority at your employer? It doesn't sound right to me, partly because for most people working time does not start until you actually arrive, and partly because I would be very surprised at any employer accepting responsibility for events completely outside their control. It's not clear whether your understanding that this injury would not be included in your absence levels is having any impact now but I can't really see why your employer should not include it (if they are).

ButterflyKisses

Emmzi wrote: »

Look for a new job. It's the easiest way. From what you are saying you are damned all ways. There is the fight for the moral, just and right path, and there is driving yourself crazy.

You're right. I'm just so sad that it's come to this, I really loved my job up until the last 8 months and the people I work with are fantastic. As I've been there so long I have quite good benefits as far as paid sick leave goes as well so that's one reason why I've stuck it out so far. Not that I've used much but it's nice to know it's there if you need it.

ButterflyKisses

agrinnall wrote: »

I'm struggling to understand the timeline of all your injuries/illnesses and which ones are relevant to your current situation. So I will confine myself to one point on the very first injury, the whiplash on the way to work. You say you were told that this would count as an accident at work, who told you this, was it someone in a position of authority at your employer? It doesn't sound right to me, partly because for most people working time does not start until you actually arrive, and partly because I would be very surprised at any employer accepting responsibility for events completely outside their control. It's not clear whether your understanding that this injury would not be included in your absence levels is having any impact now but I can't really see why your employer should not include it (if they are).

The accident was in late 2008 and I've had ongoing problems since but have only had the one time where I left 2 hours early due to the pain and the one planned absence for the medical procedure. I have had this before but managed to arrange it so it fell during planned holiday so as not to inconvenience work.

The warning was given for the three periods over a certain time frame

• the 2 days after being struck by the falling metal
• the planned absence for a medical procedure (4 days)
• the illness after my holiday (4 days)

The first two together didn't trigger an investigation, but were taken into account after the third did.

I was unclear whether the car accident constituted an accident at work. I was advised by the union it did as I was travelling to work. It makes no difference to the absence affecting my attendance record as accidents in and out of work tend to be mitigating unless some blame lies with the person off sick (if I broke my leg falling off a table drunk they might not take that out) but I wondered if it was classed as an accident at work if they might have more of a duty of care. Not that they seem to take much notice anyway!

Thanks everyone for your responses.