Person injuries claim against employer for stress

picasso2

I have been advised to ring my unions legal dept regarding a claim for personal injuries and would be interested in other opinions before I do this.
I am sorry this is a bit of a long story.
My background is that I have 24 years service in varying departments. When my daughter was born 19 years ago I suffered PND. I was on and off treatments but managed to progress to a senior rank. My managers have been aware , some take a little too much interest than they need to and when I moved jobs 5 years ago I told occupational health but not my managers. At this point I was well but as the new job involved more conflict than I anticipated and a sudden restructure left me without a line manager for support my condition deteriated and I had to disclose this. My relationships with managers were rocky after this ,I was moved to a different post and from the on I was declined opportunities to develop and felt they were nit picking. It settled down to a manageable level with a few hiccups along the way. Whilst I was not happy in this job I felt I did not have the confidence to apply for other jobs.

Last year another restructure was announced that would result in some staff being downgraded. I had a scheduled sickness meeting with my manager and HR (following gall bladder removal). I told them at this meeting shortly before the announcement that I was really stressed but the said I 'should not worry'. I found the email announcement the day before christmass eve. At this point I feel I stopped processing new information and could not follow the process to my advantage. As I expected I was the only staff member in my profession to be downgraded and to add insult to injury they also announced I was being moved tothe previous base .

I was aware of the stress I felt I was under as it was affecting my family life a I was developing all the classic signs of stress and more, my family life was falling apart, my memory was poor,I was having hot flushes and I could not make decisions about myself , I had frequent diarrhoea and developed extensive eczema to my body. I can only sleep with the aid of prescribed medication.

As my condition changed I saw a gp who sent in a fit note to say I could carry on working but the changes were having a significant effect on my mental health and ticked the box for workplace adaptations. The effect was that staff then ignored me and I felt more isolated. My manager when I eventually got to see her said 'you should not want to be treated differently' as if asking for extra support would have a negative effect on my career.

I self referred to occupational health as I was feeling unsupported. However by the time I got my appointment I relented to my GP who signed me off sick at the end of June with work related stress.
The Doctor in Occupational health was very understanding. She sent a letter to my manager saying that the perceived pressure to move base was making me ill and she stated that my mental health would likely to deteriated as a result. My case is now with senior managers and HR and they have stated that I have no option but to return to work at the new base where I previously had issues with a member of staff who was verbally aggressive and intimidating to me. I met him recently he has not changed. They have even suggested now that I don't need to do a phased return starting with shorter bourse I should go straight back to full time hours .They stated that should I stay off work longer I will be dealt with under the continued absence policy which is where they tell you that you are not meeting your contractual obligations and effectively fire you.

I spoke to my union rep who has asked me to ring the legal dept . I feel I have documentary evidence that I have highlighted my problems and I thought that employers had a duty of care to staff during a restructure to ensure that those with extra needs got extra support. Indeed when I stated I had seen my gp with stress and he wanted to sign me off my manager said 'well you look ok to me' They have I ignored advice from my gp and from the doctor at occupational health. I told them I would return to work soon but I think it's unlikely. I was uncomfortable in the meeting and it seemed like the easiest thing to say as after my last sick note an email was sent round the team about me and whilst it did not contain personal information it was insensitive.

So the union rep thinks I may have a case for personal injuries against my employes. There have been other cases in this organisation where staff have won but my self esteem is so low I don't want to ring legal only to be told there is no case. Does anybody have a feeling that the union would take this case ?

I feel like quitting and doing agency work but I just don't have the energy

Takeaway_Addict

picasso2 wrote: »

I have been advised to ring my unions legal dept regarding a claim for personal injuries and would be interested in other opinions before I do this.
I am sorry this is a bit of a long story.
My background is that I have 24 years service in varying departments. When my daughter was born 19 years ago I suffered PND. I was on and off treatments but managed to progress to a senior rank. My managers have been aware , some take a little too much interest than they need to and when I moved jobs 5 years ago I told occupational health but not my managers. At this point I was well but as the new job involved more conflict than I anticipated and a sudden restructure left me without a line manager for support my condition deteriated and I had to disclose this. My relationships with managers were rocky after this ,I was moved to a different post and from the on I was declined opportunities to develop and felt they were nit picking. It settled down to a manageable level with a few hiccups along the way. Whilst I was not happy in this job I felt I did not have the confidence to apply for other jobs.

Last year another restructure was announced that would result in some staff being downgraded. I had a scheduled sickness meeting with my manager and HR (following gall bladder removal). I told them at this meeting shortly before the announcement that I was really stressed but the said I 'should not worry'. I found the email announcement the day before christmass eve. At this point I feel I stopped processing new information and could not follow the process to my advantage. As I expected I was the only staff member in my profession to be downgraded and to add insult to injury they also announced I was being moved tothe previous base .

I was aware of the stress I felt I was under as it was affecting my family life a I was developing all the classic signs of stress and more, my family life was falling apart, my memory was poor,I was having hot flushes and I could not make decisions about myself , I had frequent diarrhoea and developed extensive eczema to my body. I can only sleep with the aid of prescribed medication.

As my condition changed I saw a gp who sent in a fit note to say I could carry on working but the changes were having a significant effect on my mental health and ticked the box for workplace adaptations. The effect was that staff then ignored me and I felt more isolated. My manager when I eventually got to see her said 'you should not want to be treated differently' as if asking for extra support would have a negative effect on my career.

I self referred to occupational health as I was feeling unsupported. However by the time I got my appointment I relented to my GP who signed me off sick at the end of June with work related stress.
The Doctor in Occupational health was very understanding. She sent a letter to my manager saying that the perceived pressure to move base was making me ill and she stated that my mental health would likely to deteriated as a result. My case is now with senior managers and HR and they have stated that I have no option but to return to work at the new base where I previously had issues with a member of staff who was verbally aggressive and intimidating to me. I met him recently he has not changed. They have even suggested now that I don't need to do a phased return starting with shorter bourse I should go straight back to full time hours .They stated that should I stay off work longer I will be dealt with under the continued absence policy which is where they tell you that you are not meeting your contractual obligations and effectively fire you.

I spoke to my union rep who has asked me to ring the legal dept . I feel I have documentary evidence that I have highlighted my problems and I thought that employers had a duty of care to staff during a restructure to ensure that those with extra needs got extra support. Indeed when I stated I had seen my gp with stress and he wanted to sign me off my manager said 'well you look ok to me' They have I ignored advice from my gp and from the doctor at occupational health. I told them I would return to work soon but I think it's unlikely. I was uncomfortable in the meeting and it seemed like the easiest thing to say as after my last sick note an email was sent round the team about me and whilst it did not contain personal information it was insensitive.

So the union rep thinks I may have a case for personal injuries against my employes. There have been other cases in this organisation where staff have won but my self esteem is so low I don't want to ring legal only to be told there is no case. Does anybody have a feeling that the union would take this case ?

I feel like quitting and doing agency work but I just don't have the energy

Give the legal advice a call because you will not have given enough information for anyone on here to give you proper advice.

If they say no then at least you know and you can move on....I am surprised you have stayed there for 24 years though and not done something about this sooner.

Uncertain

General comments only......

It is certainly possible to make a PI claim as a result of workplace stress. However, although it has been done successfully, in practice it is very difficult.

The biggest problems, unlike most physical injuries, is proving that work was the only cause. An occupational health doctor has no means of knowing what may be going on in your private life at the same time. Now it may be that your personal life is idillic and the only problems are at work but how do you prove that. The firm's lawyers will do their best to suggest otherwise.

Don't underestimate how stressful bringing such a claim will be. It is not like claiming for a broken leg where the injury is easy to assess and the person claiming is emotionally strong.

I am not saying don't do it (assuming you have a strong case) just take good advice and think very carefully.

phill99

There are 2 issues here in my estimation.

1) You suffered from PND and that seems to be when your longer term depression started. Therefore if you went down the line of a PI claim, your employers solicitor would say that that was where the problem started and you never had it dealt with at the time. Therefore the depression is nothing to do with your working environment,
2) you identify issues where you feel you have been unfairly treated. Unfortunately, that is opinion only. Your employers may have bent over backwards to accommodate you but you may not have seen it this way.

It would be worth seeing a solicitor, but it will be very difficult to prove that all of your stress is work related.

picasso2

I have continuous service in the organisation for 25 years and moved to this dept in 2007. It's been less than idyllic but the period where the problems really started has been the last 12 months. The job sector in my area is slow but I am looking regionally.

I am more than aware that this would not be a walk in the park and I guess posting here was part of the mulling it over process, I have no intention of rushing into anything.

It's a long and complex situation and I guess this is not the place to discuss it.

I'll have a cuppa and some toast and ring legal and my GP before spending some time with my very sensible sister.

Thank you for your comments

Pricivius

Based on what you have said, I would question the need for a PI claim. As Uncertain has commented, PI claims are very difficult to succeed with when it comes to stress/depression. Part of the reason is that jobs are supposed to be challenging and to stretch us - a certain amount of stress is to be expected. When claiming that a job has caused stress to the extent of personal injury, you are suggesting that this is above and beyond stress/depression and is in the realms of psychiatric illness. A Tribunal/Court would expect to hear that you have been referred to counselling under a consultant psychiatrist who has diagnosed your severe psychiatric episode etc...

So... I would suggest your claim lies in the realm of disability discrimination on the basis of a failure to make reasonable adjustments. However, whilst I note you appreciate it will not be a walk in the park, please do not underestimate the time and effort involved, and the toll it may take on your mental health. The company is entitled to defend itself and will question everything you say and provide evidence and witness testimony against you - for someone with depression and low self-esteem, this can be incredibly tough to take.

I am not trying to put you off, but please consider all the options available to you.

dancingfairy

How much evidence have you got and what do you what to achieve? Do you want your other job back? do you want to feel more supported? do you want a compromise agreement and to leave? What do you think will work best for you?
Are you taking notes and recording all the latest incidents? Can you follow up on any incidents that are not acceptable?
df

picasso2

Thank you. I have submitted the required initial forms to the union legal team who will let me know if there is any case and what kind of case it might be. They only take on cases that they have a high probability of winning so I'm just putting a toe in the water.

I have quite a lot of written documentation of events and professional opinions , I have been monitored before and during the recent events by a consultant psychiatrist and of course my GP.

On one hand I simply want the organisation to support me and other people better. I have a friend who works in different large organisation who actively look for signs of stress in staff and initiate support rather than waiting for a crisis.
However on the other hand I have no confidence that support will ever be forthcoming and feel it would be better for all of us if I was enabled to leave the organisation and move on.

Thank you again for your advice / opinions /suggestions .