Work related stress - industrial injury?

CFC

LFC1981 wrote: »

Hi

Looking for some advice.

For last 8 months been having incorrect wages at work

1, authorized absence for hospital appointment not been paid even tho all the others before had been.
2, On 3 occasions iv not been paid enough overtime
3, On 3 time arrears from the impervious months mistake have not been paid in next months wages.
4, For two months running after a contract change my basic pay had changed to the new increased amount but my shift allowance was still at the old amount.
5. Sick pay was not paid even tho paperwork was completed when I get back to work.
6. Shift allowance not paid on my overtime
7, When I was off sick for 2 days, they marked my wage slip down for 3 days sick.
8, Holiday not paid

A written compliant was handed it to the store manager after the 6th month, but it was not handle in the correct company policy - I feel they tried brushing it under the carpet a bit.

After 7th month, I had a letter of work admitting there mistake's an agreed to pay my shift allowance for 2 days sick when I was off sick with a migraine due to the stress of it all.

8th Month, wages was wrong again. Due to the stress of it all the GP has signed me off work this is my 3rd week off & iv still got next week off as well. Also been given some pills to help me sleep as the stress been keeping me awake.

Even tho im not officially in the union, iv had the union rep helping me & he has put a 2nd compliant in. At first he was all for taking the issue out of store completely but now I think he has had a change of heart.

Iv agreed to attend a meeting on Monday out of store but with one of the duty managers from my store.

Now im just looking for advice on what my rights are, as they already admitted there mistakes, I should still get my shift allowance as long as the doctor sign's me off with stress from work?

While the mistakes have happened iv occurred bank changes as iv struggled financially & not had money for my direct debits.

Iv currently lost all faith in my store to sort this, I am well with in my rites to find a method of taking this out of store?

would you class this as industrial injury? Would I be entitled to compensation?

Any advice or guidance would be grateful please

Many thanks

Provide evidence to them of the costs to you - eg a statement from the bank relating to overdraft costs etc. If they accept they have underpaid you they should cover these costs if you ask. You could ask for a goodwill payment too, they may or may not give you one.

As for asking about shift allowance when off sick, you will need to refer to your contract.

Do you have any reason to assume that it is personal, because if you don't, really you have overreacted.

And no, your absence is not due to an industrial injury and you would not be entitled to compensation.

dickydonkin

DomRavioli wrote: »

Its not an industrial injury, as you have not suffered what is classed as an injury at work.

Never heard of 'Work Related Stress'?

The clue is in the title - and yes, the employer has the same duty of care to ensure the mental health of their staff is not placed at risk just as much as they need to ensure physical injury is also prevented - both equally legal requirements and everyone in the workplace has a role to play in prevention.

I cannot believe some of the unhelpful and ignorant responses on here.

And no, your absence is not due to an industrial injury and you would not be
entitled to compensation

Not strictly correct - although someone submitting a personal injury claim for work related stress will need to prove that the employee's psychiatric injury was caused, or materially contributed to, by the work and the employer's breach of duty.

Obviously that would be for others to decide - not contributors to an employment forum.

Dunroamin

dickydonkin wrote: »

Never heard of 'Work Related Stress'?

The clue is in the title - and yes, the employer has the same duty of care to ensure the mental health of their staff is not placed at risk just as much as they need to ensure physical injury is also prevented - both equally legal requirements and everyone in the workplace has a role to play in prevention.

I cannot believe some of the unhelpful and ignorant responses on here.



Not strictly correct - although someone submitting a personal injury claim for work related stress will need to prove that the employee's psychiatric injury was caused, or materially contributed to, by the work and the employer's breach of duty.

Obviously that would be for others to decide - not contributors to an employment forum.

I'm sure we've all heard of work related stress but that doesn't make it an industrial injury and certainly not when all it involves is some annoying hiccoughs with HR/Payroll.

DomRavioli

dickydonkin wrote: »

Never heard of 'Work Related Stress'?

The clue is in the title - and yes, the employer has the same duty of care to ensure the mental health of their staff is not placed at risk just as much as they need to ensure physical injury is also prevented - both equally legal requirements and everyone in the workplace has a role to play in prevention.

I cannot believe some of the unhelpful and ignorant responses on here.



Not strictly correct - although someone submitting a personal injury claim for work related stress will need to prove that the employee's psychiatric injury was caused, or materially contributed to, by the work and the employer's breach of duty.

Obviously that would be for others to decide - not contributors to an employment forum.

A work related injury has to have happened AT work, or as a direct result of that specific scenario, hence why it is not a work related injury. Someone's incapacity or inability to process basic changes is not a work related injury, they need to see someone to make sure that they have the correct coping mechanisms that most people learn as part of growing up.

It is hard to prove that it is caused solely by a work related incident or incidents, hence why it is unlikely to be classed as a work related injury - you would have to prove beyond all reasonable doubt that it is caused solely by that, and not other factors; in reality, mental health issues are caused by a number of factors, which are triggered by a situation, or made worse by a situation. I just didn't see the point of explaining something that can easily be googled.
So unless you can re-write the DSM, its still a no.

dickydonkin

Dunroamin wrote: »

I'm sure we've all heard of work related stress but that doesn't make it an industrial injury and certainly not when all it involves is some annoying hiccoughs with HR/Payroll.

In Health & Safety law, the reality is that it does!

Whether an employee chops his hand off due to unguarded machinery or suffers an adverse psychologial reaction due to the pressures placed on him in the workplace, the Health & Safety at Work Act applies to both situations.

People need to realise that everyone is different - some people thrive and perform better in a stressful situation, whereas others may suffer a negative reaction.

There is a legal obligation for the employer to assess potential stressors in his workplace and there is a stress management standard that employers can use to assist in this.

The reality is that work related stress now outnumbers manual handling and slip/trips injuries in many industrial sectors and it makes sense for employers to manage stress to avoid costly absenteeism.

I have seen a situation where an employee who had been absent for some time due to WRS was not believed to be 'ill' by the employer.

When that employer committed suicide, the employers attitude changed.

dickydonkin

DomRavioli wrote: »

A work related injury has to have happened AT work, or as a direct result of that specific scenario, hence why it is not a work related injury. Someone's incapacity or inability to process basic changes is not a work related injury, they need to see someone to make sure that they have the correct coping mechanisms that most people learn as part of growing up.

It is hard to prove that it is caused solely by a work related incident or incidents, hence why it is unlikely to be classed as a work related injury - you would have to prove beyond all reasonable doubt that it is caused solely by that, and not other factors; in reality, mental health issues are caused by a number of factors, which are triggered by a situation, or made worse by a situation. I just didn't see the point of explaining something that can easily be googled.
So unless you can re-write the DSM, its still a no.

I don't recall me stating specifically that the OP' was suffering from WRS - what I did was provide facts from a H&S legal perspective and explain the reality that WRS IS an industrial injury - you seem to have some difficulty in accepting the fact.

By the way - I don't need to google - It's my job!

you would have to prove beyond all reasonable doubt that it is caused solely
by that

Once again, incorrect. If the injured person was pursuing a personal injury claim - including work related stress, this would be a civil issue and the burden of proof would be to determine 'the balance of probabilities' which generally equates to 51%.

'Beyond All Reasonable Doubt' is the burden of proof required in a criminal court - which is obviously a more robust standard of evidence.

CFC

dickydonkin wrote: »

Not strictly correct - although someone submitting a personal injury claim for work related stress will need to prove that the employee's psychiatric injury was caused, or materially contributed to, by the work and the employer's breach of duty.

Obviously that would be for others to decide - not contributors to an employment forum.

Dickydonkin, if you can explain how the Management Standards (which are not even a legal requirement) lead to this example being classed as an industrial injury and can give case examples of successful action for compensation for industrial injury in this kind of scenario, I'll listen to you...till then, not. Effectively you are misleading the OP.

What is possible here is a goodwill payment for not making payments in line with contract. The company may do this, or they may not.

Dunroamin

dickydonkin wrote: »

I don't recall me stating specifically that the OP' was suffering from WRS - what I did was provide facts from a H&S legal perspective and explain the reality that WRS IS an industrial injury - you seem to have some difficulty in accepting the fact.

By the way - I don't need to google - It's my job!



Once again, incorrect. If the injured person was pursuing a personal injury claim - including work related stress, this would be a civil issue and the burden of proof would be to determine 'the balance of probabilities' which generally equates to 51%.

'Beyond All Reasonable Doubt' is the burden of proof required in a criminal court - which is obviously a more robust standard of evidence.

"Is stress a reportable industrial injury (e.g. under RIDDOR)?

No, neither work related stress nor stress-related illnesses are reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

This is because the causes of stress-related ill health are usually extremely complex and linking conditions to specific types of work activity would be very difficult. This does not mean that stress cannot be raised with the enforcing authorities nor does it mean that a complaint cannot be made which could result in an investigation. While work related stress is not reportable, employers have duties to assess and manage the risk of stress-related ill health arising from work activities."

http://www.hse.gov.uk/stress/faqs.htm

dickydonkin

Dunroamin wrote: »

"Is stress a reportable industrial injury (e.g. under RIDDOR)?

No, neither work related stress nor stress-related illnesses are reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR).

This is because the causes of stress-related ill health are usually extremely complex and linking conditions to specific types of work activity would be very difficult. This does not mean that stress cannot be raised with the enforcing authorities nor does it mean that a complaint cannot be made which could result in an investigation. While work related stress is not reportable, employers have duties to assess and manage the risk of stress-related ill health arising from work activities."

http://www.hse.gov.uk/stress/faqs.htm

You are being silly now. Is a broken finger or toe caused by an accident in the workplace reportable under RIDDOR? No it isn't - (the actual injury) but both are industrial injuries nonetheless.

RIDDOR can be complex and just because an injury is not reportable under the regulations, this does not imply it is not classed as an industrial injury or illness. Indeed, the recently amended regulations will very likely result in fewer work related injuries being reported under the legislation.

Many injuries/illnesses may manifest over a period of time - Asbestosis being an extreme example, however, manual handling activities may cause a progressive injury - the same potentially applies to stress.

Of course I accept that the onus is to prove that there was no duty of care (as do the majority of PI claims) - I have never disputed this, but if negligence can be proven that the duty holder did not show a duty of care, then potentially the employer may be liable.

While work related stress is not reportable, employers have duties to assess and manage the risk of stress-related ill health arising from work activities."

If you read my previous posts thoroughly, I have already mentioned this (see below).

There is a legal obligation for the employer to assess potential stressors in his workplace and there is a stress management standard that employers can use to assist in this.

CFC wrote: »

if you can explain how the Management Standards (which are not even a legal requirement) lead to this example being classed as an industrial injury and can give case examples of successful action for compensation for industrial injury in this kind of scenario, I'll listen to you...till then, not. Effectively you are misleading the OP.

CFC - then Read the case studies on here. There are many more examples I can provide.


If you fully digested my posts, I never suggested the management standard was legally binding - nor did I state that the specific situation relating to the OP was classed as an industrial injury - what I did state that it was for others to decide - not contributors to an employment forum.

I stated (as above) that the management standard would assist an employer to assess the potential stressors in the workplace - similar to the way the HSE provides guidance in how to comply with other aspects of H&S law. HSE guidance is not legally binding - but complying with it will generally ensure you are doing the right thing.

As for misleading the OP - I am stating how it is from a H&S law perspective so please let me know what I have posted that is misleading.

Although there is no specific legislation relating to stress, the duty holder has to ensure the health safety and welfare of their employeees, however, (in my opinion) the management regs are more relevant in respect of having to assess the risk of harm.

By the way Dunroamin, copying and pasting extracts from the HSE stress pages is fine - but you must interpret advice and guidance and use it to each specific situation as no two workplaces or indeed individuals are the same.