Suspended from work ....

NikNox

kazmeister wrote: »

As ACAS have described plus if it has or is likely to last for 12 months or more!

He's had it for years and years, so I'm pretty sure it will last another 12 months! He's also got diverticulitis thrown into the mix, oh and a rectal polyp which was also discovered on colonoscopy. Had they gone ahead last year and got their own doctor to see him, and got hold of his medical records as they said they were going to do, and never did, then they would have seen the diagnosis! To my mind, and please correct me if I'm wrong, they have failed to support an employee with a disability?

nightingalesgarden

Always the worry is the unknown....

Put simply there seems to be a number of actions the employer could take

1) Further disciplinary for sickness absence
2) Issue disciplinary proceeding for the outburst
3) Both of the above
4) Sit the employee down and suggest that they don't want to do the above but would he consider leaving if they made it a bit easier for him (don't think loads of money - think a clean reference, notice and a little bit)
5) Decide that they take no action and that he can return to work

I suspect they are considering all of these...the question is what does your partner want to happen and what can he do to prevent any of these happening?

Your partner is obviously ill. Work is a factor in this. Whether or not the company has failed to make proper adjustments for his illness/disability is a good question but not one that will probably make much difference. For instance, even if it is a disability the company does not have to put up with higher than usual sickness absence (so, more than 20/25% than they accept in others) nor do they have to put up with outbursts that make other people in the office uncomfortable/threatened (and that will be their argument).

I know this sounds tough - but this is how they will be thinking and that's what's important - not who is right or wrong but what the employer is likely to do...

So...what do you do? Firstly keep calm, one outburst after 7 years of good service hopefully should not to lead to dismissal and it sounds like your partner has mitigating circumstances which, if explained calmly an employer would have to listen to.

But I still don't know from your post what you want to happen? Does he want to stay or go?

NikNox

I wouldn't say he had an outburst as such, more that he made a comment, whilst feeling very unwell, that the last time he felt that helpless was as a small child at primary school when he headbutted someone. I can see, and so can he, that it is possible that may have been construed as aggressive, but it wasn't directed at anyone. He was escorted to his desk to empty it as he was told he may not have the chance again, and escorted by two colleagues from the building, told not to contact anyone, speak to anyone (including me) and not to get any legal advice, which seems very heavy handed. I have asked him repeatedly if he's absolutely sure he didn't make any threats, and he says he didn't. He does feel singled out, often, as he doesn't really have that much time off over a year, probably a total of a couple of weeks at the most. Any investigations he's had, such as the colonoscopy, he had to take as holiday. Other members of staff seem to be off every week, regular Monday and Fridayers and they don't get reprimanded, which seems unfair. He is always sent to Coventry on a return to work, no-one speaks to him, and that makes him feel uncomfortable, which is understandable.

The work itself he enjoys, despite it being stressful. He earns the company a lot of money, and has been commended for that. Appraisals are always good, with the only negative being his bowels.

He wants to have his job, but without the comments and reprimands for sickness, and it is only the way he is made to feel there that makes him want to leave. He has always believed that because he is so often singled out that they 'have it in' for him, and he does see this latest setback as a way of them doing that. He does speak his mind sometimes, but then so do others. Last year one of his colleagues was shouting and screaming at him, and others in their office for something quite trivial. My husband told him to 'wind it in' and the colleague reported him for being aggressive. He got a written warning, but didn't report the colleague for shouting in the first place because he didn't want to get that colleague into trouble. He was on the phone to a client recently, and the client was shouting at him down the phone. He asked the client to calm down and told him if he carried on shouting he would terminate the call. The client carried on shouting, he told him he was terminating the call and afterwards his line manager said he was being aggressive to the client. He said he wasn't, and that the client was shouting at him down the phone, and the manager said 'well I only have your word for that. You shouldn't terminate calls'. So, you can see what I mean, and I guess for all those reasons he would prefer not to work there as he does, very much, feel singled out. Last year he had a close relative pass away and was allowed 2 hours to attend the funeral, whereas a colleague's girlfriend's relative passed away and that colleague was given 3 days off as compassionate leave.

So, yes he wants to carry on working there. The money is pretty good, but the atmosphere is not. He has been told he would not be permitted to get another job in that industry for five years, so his earning potential is somewhat diminished. We could take a hit to our finances, just, but I would probably have to try and get more hours where I work and we would have to give up our car. Health is far more important however. Of course the matter may be taken out of his hands if he's dismissed, but then we both believe that dismissal would be unfair. He can't help having a bowel condition, one that is exacerbated by stress and it does seem as if there's a pretty vicious circle going on ... stressful job = IBS, IBS = stress, IBS = time off work occasionally, time off work = reprimand, being sent to coventry = stress, stress = IBS and so on ....

nightingalesgarden

I'm really sorry to hear about the tough couple of years that you have been going through. Please don't feel that I am taking sides here - I just want to help to explain what might happen and how the employer may act.

If your partner has an active warning against him, for something the company considers the same behaviour, then this is not good news.

You need to think how you respond to the company

If you argue - you cannot sack me I'm ill - the company will respond - we didn't sack you for being ill we sacked you for being aggressive

If you argue - I'm ill, I'm sorry and here's the medical evidence to back up my explanation that there was a reason for my outburst then they may think again.

Respond to everything in writing. All correspondence should be polite and only contain the facts or any requests e.g. "I trust as long as we keep in timely correspondence, you will understand any short delays - I'll need another 5 days to get a report from my Doctor"

Go to your Doctor/Specialist - get supportive medical information/letters. These should be specific to why he needs breaks, the impact of stress and that he may be more short tempered.

If you can (and you should be able to), delay any meeting before you get this information.

Ensure that your partner is accompanied to any meeting by a colleague (anyone - so they can take notes at least)

Ask that you have a chance to respond to allegations in writing before a decision is made (so attend the meeting but also respond in writing) because his illnesses and the stress that he is under makes it difficult to concentrate in the meeting

Act humble - I know your partner doesn't think the outburst was aggressive but the company does - going in to argue his point won't help - being sorry, explaining again the medical condition and suggesting ways that he won't get in the situation again will help. Yes, he can point out it wasn't aimed at anyone but he should accept that it wasn't appropriate.

Make sure you remind them of his service and performance.

NikNox

Thank you, an objective view is important, but we do realise responses must be polite & factual. On Friday, the day after, he suffered an acute stress reaction to what happened & had to seek medical advice. Our GP said he could see this (the acute stress) happening! My husband was also taking Codeine for his injured rib, Cyclizine for the sickness & Loperamide for the diarrhoea, all of which have undesired side effects, including agitation, so it's hardly surprising the poor bloke felt backed into a corner, unsupported & very discombobulated.

Since this event he has barely slept or eaten, is disheveled & quite broken. I am hoping the letter arrives tomorrow so we know what we're dealing with.

patman99

I think his employers would be on a hiding to nothing if they tried to stop him working in the same industry for 5 years. I believe there is case law that proves such an action is deemed an unlawful restriction to trade.

NikNox, your husband may wish to speak to a proper Employment Lawyer (I believe former MSE member SarEl is active on a specialist website the name of which escapes me for a moment).
Actually, I'm surprised xxxLaisyDaisyxxx hasn't been on and commented.

The way your husband's employers are treating him is tantamount to bullying & their behaviour seems to be very dictatorial. If they let him back to work, he needs to start keeping a diary of every incident in which his management or fellow colleagues treat him with disrespect. The more data he collects, the easier it will be to bring a case in the future.

He also needs to man-up & raise a grievance every time someone gets 'in his face' for no reason.

patman99

NikNox, your husband's employers seem to be very dictatorial in their management style. He should look at getting proper advice from an employment lawyer. I believe former MSE member SarEl is very active on another site (which I cannot think of the name of to save my life).

I cannot believe that they came-out with the threat that he would not be able to work in the same industry for 5 years. I have a feeling there is case law proving that this is in fact, an unlawful restriction on trade.

Would IBS be classed as a disability?. If so, then he may be able to use the 'Equality Act 2011' to prove they are discriminating against him.

When/if they allow him back to work, he should start a diary to record every incident in which he feels he is being bullied. He also needs to start raising grievances against people as soon as they act in a manner in which he feels threatened.

NikNox

He has had a call this morning to attend an investigation meeting at 2pm today. Fngers crossed.

jobbingmusician

patman99 wrote: »

NikNox, your husband may wish to speak to a proper Employment Lawyer (I believe former MSE member SarEl is active on a specialist website the name of which escapes me for a moment).

redundancyforum.co.uk Free to use.........

NikNox

Update on proceedings ... he attended the investigation interview yesterday and discovered what he had been suspended for. Apparently he was heard to threaten to punch someone if his attendance due to sickness was raised again, and it was apparently also felt that his recollection of the story about when he was at school with the broken sternum etc., was retold in an aggressive manner. He denied, because he really doesn't think he said it, the allegation of threatening to punch someone, and admitted telling the story of the broken sternum, but said he meant it anecdotally and certainly didn't mean it in any other sense. These are the allegations he has been suspended for. He only took with him a letter from our GP stating that he had indeed been very unwell and was suffering from 'extreme stress' due to being ill and anxious over his job, because that was all he managed to arrange in the 3 hours notice he had of the meeting! He was emailed notes of the investigation interview and has signed and returned them as they are accurate and today received a letter outlining why he has been suspended, which detailed the allegations above. The letter also said 'please find enclosed our disciplinary procedure' but that was not enclosed.

So, it's just a waiting game now to see if they'll take any further action or not, and it's not fun!