Opinions wanted on bullying and leaving job

Lynda212

This is quite a long one but I would appreciate any input.

I had an accident at work which resulted in a slipped disc and a back injury.

During my time off my boss rang me about 3 times a week with questions about work and wanting to be told how to do things. Initially I was happy to help but it became too much and starting negatively effecting me. I, and then occupational health, told my boss that her constant queries were significantly hindering my recovery, but she continued phoning, texting, emailing etc.
I returned to work on a phased return and my boss continued her bullying and accusations, told other staff not to speak to me and ignored the minor adaptations OH recommended such as buying a phone headset so I didn’t have to keep twisting for the phone.

During the phased return I received results from an MRI, the doctors had been very concerned as my symptoms indicated spinal chord damage. However the scan was clear and I was informed the only other cause of my symptoms could be severe stress. 3 consultants and my GP advised that I should not be in work so I have been signed off with stress-related conditions since then
My union rep as well as someone from HR have witnessed her bullying, but no other staff are prepared to stand up to her, although several have left for the sake of their health.

The way I see it I have the following options:
1) Wait for them to sack me for non-attendance and then try for unfair dismissal at an employment tribunal. However this means when I’m applying for future jobs I will have been ‘sacked’.

2) Leave and try for constructive dismissal.

3) Leave with a compromise agreement – agreed upon reference and 10 weeks pay.

4) Put in a formal bullying and harassment agreement against my boss. If I do this it is unlikely they will give me a compromise agreement, and I will either have to resign or be sacked.

I understand it’s very difficult to win at a tribunal and that a compromise agreement would be best for my health, as I am currently struggling emotionally. But I don’t see why my boss should be able to get away with bullying me to the point I need to use a walking stick, or why I should have to lose out financially, particularly on my pension because of her. I am 54 and single so it won’t be easy to get another job at my age.

I would be interested to hear other people’s thoughts/ advice/ suggestions on my dilemma. Thanks

Harry_Flashman

I might be missing something, but I don't think it's unreasonable for someone who is trying to cover your work, contactacting you to find out how things work, how to do things, etc.

I wouldn't have called that bullying?

dandelionclock30

What about going for mediation with someone neutral doing the mediation with your boss? I would try this out first.
Also could you tell HR you need the adaptations? they surely have to sort these out because they have a duty of care.
No I wouldnt call being contacted for work related infomation bullying either. I'd be trying to sort the matters out first.

greenbee

If you have the strength to take on the bully, you'll be amazed who comes out of the woodwork. The last time I was involved in a similar case the manager took 'early retirement' and once they were gone, the person concerned was able to return to work quite happily and is still there 10 years later. So many people came forward to HR when they heard a grievance had been raised that the company wisely decided that the manager concerned was a liability.

I assume you have copies of policy about contact during sick leave, and evidence of your bosses behaviour. There is also some useful stuff on the NHS website and you obviously have Occupational Health support too.

In response to Harry Flashman - if someone is off sick, they are off sick. You cannot expect them to be available to answer questions all the time as they should be focussing on recovery. Policy will say how often they need to get in touch (usually by a certain time on the first day of sick leave, and then by a certain time prior to the expiry of the latest sick note) but the line manager has no rights to personal contact details so formal contact should be via HR who do have personal records.

I'm not an employment specialist, and am not currently in a management role although I have been in the past, so there may be some misremembered bits in there, and I'm sure the experts will be along soon to help.

gibson123

I think you need to seek legal advice, it appears that your condition was due an accident at work, and has been made worse because of how you have been treated since. Check all your insurance policies and see if you are covered for any legal expenses, surprising some insurances related to your mortgage or house often include free legal expenses and this can include employment advice if it means you could lose your income.

Harry_Flashman

greenbee wrote: »

In response to Harry Flashman - if someone is off sick, they are off sick. You cannot expect them to be available to answer questions all the time as they should be focussing on recovery. Policy will say how often they need to get in touch (usually by a certain time on the first day of sick leave, and then by a certain time prior to the expiry of the latest sick note) but the line manager has no rights to personal contact details so formal contact should be via HR who do have personal records.

I'm not an expert in this by any means.

My Boss has often contacted me when I've been off work (holidays etc.) to ask questions about my work (ie. Things only I might know about a job I've done).

It can be a nuisance (and I always have the option of simply not answering the phone), but I wouldn't ever interpret it as bullying?

ekeitout

Many thanks for your calm and sound advice greenbee. Hope it has helped Lynda212.

WhiteHorse

Lynda212 wrote: »

I fell over some boxes which had been left lying around and despite being told they were dangerous and needed moving during a health and safety inspection 2 days earlier, my boss didn’t do this.

Get the documents.

During my time off my boss rang me about 3 times a week with questions about work and wanting to be told how to do things [...] I, and then occupational health, told my boss that her constant queries were significantly hindering my recovery, but she continued phoning, texting, emailing etc.

Not acceptable behaviour. Very unwise on her part once she has been warned by Occupational Health.

I returned to work in January on a phased return and my boss continued her bullying and accusations, told other staff not to speak to me ...

List all this and then take this up in writing. Get her to reply in writing.

... and ignored the minor adaptations OH recommended such as buying a phone headset so I didn’t have to keep twisting for the phone.

Get copies of the documents from OH referring to the suggested adaptations. If the adaptations are reasonable, a refusal to comply is quite serious.

However the scan was clear and I was informed the only other cause of my symptoms could be severe stress.

Was the slipped disc confirmed?

3 consultants and my GP advised that I should not be in work so I have been signed off with stress-related conditions since then.

Three consultants? In what, exactly?

My union rep as well as someone from HR have witnessed her bullying, but no other staff are prepared to stand up to her, although several have left for the sake of their health.

Common situation - staff usually prefer to walk rather than fight. However as HR and the union rep are witnesses, that shouldn't be a problem.

The way I see it I have the following options ...

None of them - they are all way too passive.

Go on the attack. File complaints for bullying, harassment, breach of contract, breaches of health and safety etcetera. The union should help with all this - that's what you pay them for.

gibson123

I think if occupational health and the person asked for it to stop and the perpetrator persisted in doing this against the OP's wishes then this could in fact be regarded as bullying. I have been in a situation of extreme pain and believe me all you can think of is pain, when even small things like opening your post or doing the crossword feel beyond you, the last thing you want to do is also try to think about work. recuperation is just that, if you are not well enough to be at work, work should not come to you instead, we are not talking about a gippy tummy or bad cold, we are talking about significant and sustained hurt resulting in immobility

Lynda212

Harry_Flashman wrote: »

I might be missing something, but I don't think it's unreasonable for someone who is trying to cover your work, contactacting you to find out how things work, how to do things, etc.

I wouldn't have called that bullying?

I din't want to go into too many details about the bullying, which is also separate from the phone calls. However when she had been told her constant ringing is making me ill, she carried on doing so, asking the same questions over and over again and demanding I go online and sort problems for her, even when I pointed out there was a dedicated help line that would be better placed to help her.

She made the decision not to have anyone cover my absence despite the generous insurance money she was getting because she thought it was a good opportunity to make some money for the school, even though there was no-one else qualified to do my job.
As I said I was happy to help for the first few weeks but 6/7 months in, it as just her laziness that kept her contacting me. When I told her I was unplugging my phone line because her call were too much she started texting and emailing with demands to ring her, and I felt threatened in my own home

Lynda212

WhiteHorse wrote: »

Was the slipped disc confirmed?

Yes

WhiteHorse wrote: »

Three consultants? In what, exactly?

Psychiatric professor, private orthopaedic consultant, and consultant at the hospital spinal clinic

WhiteHorse wrote: »

Common situation - staff usually prefer to walk rather than fight. However as HR and the union rep are witnesses, that shouldn't be a problem.

You'd think, but even though my doctor is prepared to back me up on the physical impact it's had on me, the union say bullying and harassment is very hard to prove even though they agree she is a bully and out of control.

WhiteHorse wrote: »

None of them - they are all way too passive.

Go on the attack. File complaints for bullying, harassment, breach of contract, breaches of health and safety etcetera. The union should help with all this - that's what you pay them for.

Thanks, the union have been very good in getting a solicitor regarding the accident, and the local council have admitted liability for it. Perhaps I should have mentioned that I work in a school, so there is virtually no chance of them getting rid of the headteacher. I feel like they just want me to go quietly and the head will once again be getting away with it. I would very much like to put up a fight but the union rep thinks if I put in a grievance it will only leave sacking or resigning and I really need a good reference to get another job.