Hi all need some advice.

Trevstanx

She wrote the grievance letter out however she changed her mind bout putting in as the place she worked at it would have made it's way back to her and it would have made her working there even more unbearable... She had a word to one of her work mates that she thought she could trust and her workmate told the person that was bullying her you couldn't write it lol.

I would like to say it was around 3 months after she went on the sick due to stress caused by the constant bullying... She had a breakdown.

sangie595

Trevstanx wrote: »

She wrote the grievance letter out however she changed her mind bout putting in as the place she worked at it would have made it's way back to her and it would have made her working there even more unbearable... She had a word to one of her work mates that she thought she could trust and her workmate told the person that was bullying her you couldn't write it lol.

I would like to say it was around 3 months after she went on the sick due to stress caused by the constant bullying... She had a breakdown.

I'm sorry, and I do understand - but the alleged bullying does not exist. She didn't complain. There's no record of it. And it is much too late to raise it now. The other possibility here is that the employer insists she begin a return to work. They'd probably need an OH assessment to do that, but they could do it. She now has no link to the workplace being the cause of the stress/ anxiety. If they throw the ball back into her court, it could become stressful. I think you have to wait to see what they say.

TBagpuss

As Sangie says, I don't think you can reasonably expect the employer to take into account alleged bullying that was never reported or raised, either formally or informally, with your wife's employer.

It doesn't sound as though her stress is work related.

i would expect the employer to be looking to discuss with her a return to work, and to be looking at dismissing her on the basis that she is no longer capable of carrying out her job if she is unable to return.

Resigning may affect her benefit entitlement however it may be possible for it to be structured as dismissal on capacity grounds - if she is honest with her employers about the fact that she continues to suffer from stress and does not anticipate being able to return to work then I think they would then be able to formally dismiss her without her having to jump through hoops with occupational health etc., and she would be able to honestly tell the DWP that she was dismissed on capability grounds, rather than resigning.