Can work arrange a "welfare visit" while there's an ongoing grievance?

Quaid87

Hi, I apologise for the long story but I do need some information, as there's a possibility of a legal case I want to be seen to be doing everything by the book.

A little backstory:

I suffer from Cystic Fibrosis and so am covered under the disability equality act. In October 2018, I had an occupational health meeting where some adjustments were recommended, including an additional break, an orthopaedic chair and an adjustable desk.

I got the break, but nearly 12 months later I'm still waiting for the desk and chair. I've had every excuse under the sun as to why I don't have them yet, either the person who orders them is on leave, or the email hasn't been picked up etc... but to be honest, someone who had a chair left, and I took theirs, and at that time I didn't know the severity of what they were doing.

Fast forward to July 2019, and recent sickness and exacerbation of my condition meant that I was hospitalised. My treatment from my workplace changed overnight. During my back to work meeting I brought up the occupational health thing, and they said they would sort things out.

There were a bunch of other issues, which resulted in me lodging an official grievance against my employer in August 2019. It took them 4 weeks to even acknowledge my grievance and even then, tried to scale it back to "informal discussions", I agreed to take them, as again, I wanted to be seen as co-operating. For anybody asking, my grievance was for discrimination based off of applying for a position that I was more than qualified for and didn't get an interview (even being nominated for a workplace award was deemed irrelevant, and lesser experienced staff got the opportunites), the grievance also including examples of where I had clearly been treated different to my colleagues (being told to not communicate with my manager outside working hours, but then she was interacting with others and responding to messages in the WhatsApp group), and where previously agreed unpaid leave for a family wedding was suddenly taken away with no notice.

I've gotten ACAS involved, and the length of time this is all taken has led me to initiate the conciliation process with a view to taking them to a tribunal.

All this has exacerbated my stress, depression and anxiety, for which I've been signed off for, for the last 4 weeks even though I continue to engage with work in regards to my grievance.

Today, they've requested a wellbeing visit at home, to see if there's anything they can do to support me to come back to work, but they're well aware that the reason I'm not at work is because of my treatment that has led me to raising the grievance in the first place. I've already told them on a number of occasions that once the grievance is dealt with, in my favour or not, I am more than happy to sit down and discuss my options in returning to work - so why do they need me to have this meeting when they already know WHY I'm absent, and what they need to do to support me to return to work?

This is only making matters worse, and my stress and anxiety levels are through the roof and I'm currently on medication to control my bouts of depression.

I appreciate any help given and will respond to questions. Thanks.

Tigsteroonie

You raised a grievance for discrimination. Your sick leave is due to stress and anxiety. I can understand why they wish to be seen to be handling the two issues separately.

Is the stress and anxiety because you were discriminated against? Or because you tried to raise a grievance and don't believe that was handled correctly? or because you feel that they are not providing you with reasonable adjustments to your physical condition?

If I were you, I'd attend the welfare meeting if only to clarify what is exactly at the root of your current mental ill health, as your GP Fit Note won't actually say. Then they know which element(s) are to be addressed, and work with you on a plan that lessens your stress/anxiety even whilst the grievance process is ongoing. Plus it will all be documented correctly.

Quaid87

Tigsteroonie wrote: »

Is the stress and anxiety because you were discriminated against? Or because you tried to raise a grievance and don't believe that was handled correctly? or because you feel that they are not providing you with reasonable adjustments to your physical condition?.

It's been an absolute mess. The stress and anxiety was caused by the sudden change in treatment from my workplace which I believe to be discrimination. It's been further exacerbated because of how poorly they're handling the grievance.

It's a combination of everything, and they know that coming to my house is only going to make me feel worse. Just the very thought of it is sending my blood pressure sky high.

My Fit Note clearly states "undue stress and anxiety caused by the workplace"

elsien

Without wanting to be pedantic, just because your fitnote states undue stress and anxiety due to work, that doesn't prove that is the case. Your GP is going purely on the statements you have made, which may or may not be accurate.
You need to check the wording your sickness policy which is very likely to say something about maintaining contact while you are off sick. However it doesn't have to be at your home - you could arrange to meet in a cafe, for example.

ACG

You do not have to meet them at home, you can meet them at work or a coffee shop - or at least that was allowed when I worked for RBS 10-15 years ago (just realised I am getting old!). I am not sure if that makes it any better.

Quaid87

Sure. I understand that, I know they can arrange such visits I just didn't know they were allowed to do it while there's an ongoing grievance. I've made it clear the reason I'm off work is because of my treatment, which has led to the grievance so the only thing they can do to support me back to work is deal with this grievance swiftly and quickly.

As an additional question, who is allowed to do the visit? Can it be anybody?

Takeaway_Addict

Are you looking for another job because long term this is unlikely to get any better anytime soon

Blatchford

Quaid87 wrote: »

Sure. I understand that, I know they can arrange such visits I just didn't know they were allowed to do it while there's an ongoing grievance. I've made it clear the reason I'm off work is because of my treatment, which has led to the grievance so the only thing they can do to support me back to work is deal with this grievance swiftly and quickly.

As an additional question, who is allowed to do the visit? Can it be anybody?

Yes it can be anybody. Given the circumstances, probably two anybody's. But yes, they are not only allowed to, but it is what would be expected. I realise you have your own perspective on this, and everything you have said is the only possible truth that could be reached by anyone. But as others have pointed out, what you have told your doctor isn't evidence of anything other than what you told the doctor. So you can ask for a neutral location. You can ask for a union rep or colleague to attend (although on this occasion you cannot insist on that). But it would be very unwise to refuse the meeting.

As for the alleged discrimination, your arguments here appear disjointed and unconnected. Your grievance was based on not getting an interview for a job that you should have got an interview for in your opinion. Did you ask why you didn't get an interview, or for feedback? Because the way you state this, everything else is irrelevant and out of time. You can't just rake over old coals. Your complaints about these things may all be valid- but they were a long time ago and nothing here suggests clear cut discrimination on an ongoing basis. Not getting the job you think you deserve is not going to cut any ice on its own.

Quaid87

They may appear disjointed and unconnected but they are not, and I didn't want to clog up the forum with a massive post of everything that's happened, but let's just say an 8 page grievance to head office that included email screenshots, WhatsApp conversations, and clear proof of lies and discrimination, that wasn't even acknowledged for a month is something I'm absolutely going to fight.

I applied for a role, a promotion - I've managed for retail stores for 10 years, outside of my current role have done coaching, development of other staff, taken numerous training sessions all in my own time as a way to help me progress my career, and have been a consistent top performer not only in my team, but on the site. Then, when I applied for this position was told by the hiring manager I needed to be seen to be going above and beyond in my role. I pointed out what I'd been doing and she claimed she had no idea I was doing any of that stuff, even though not 3 months ago she congratulated me on being nominated for a work award, which included sending an email out to the entire department, for my and I quote "outstanding contributions to the department based on your attitude, behaviours and efforts of going above and beyond" and that's a direct quote that I have in writing. And that's just one instance of many that I have proof of.

And to answer your question, yes I asked for feedback. The feedback I got was ""x" needs to be seen to be going above and beyond their current role, and should not compare themselves to other members of their team" I compared myself to other members because the person who did get the job, wasn't doing anything that would even class as going above and beyond. It was pure favouritism.

These events aren't all out of time, either. Everything I wrote in my grievance happened in the space of a week, right after my hospital admission. I'm not "raking over old coals", my grievance was about my treatment in general since my hospital admission, which was only 2 months ago.