Employment related anxiety and settlement - help

maralions

This is really long, sorry

SHORT VERSION: I suffer from anxiety and my boss is aware of this. My boss has not followed company policy on grievances and has ignored issues such as bullying and has made my work very stressful. This has exasperated my anxiety to the point where I am off work sick. I am negotiating a settlement or a return to work. My boss will not reassure me that he will approach things differently and therefore I feel forced into a settlement. Do I have grounds for unfair dismissal because of disability?

LONG VERSION:

I am looking for advice on how to proceed with a settlement. I would like to know if I have grounds for a case based on my disabililties - anxiety, depression and ADHD. I have been with the company for 16 months so not eligible for unfiar dismisal.

I am currently off work sick with anxiety (3 months) due to how work (boss, other colleagues) have treated me. I have told them this reason. They know that I have anxiety and this is not the first time that I have been off sick frof work-induced anxiety.

My boss is the CEO so I find that I have noone to escallate this to. He is also the cause of many of my grievances but is handling my settlement/return to work with legal and HR advice. Is this right or should someone else handle it?

Some of the issues:

- I am being intimidated and picked on at work. My boss is acutely aware of this, being included on emails where this has happened. I have written a grievance. This staff member has previously bullied other staff who have resigned because of this, whilst they have been promoted. He has taken no action nor replied to my greivance. I have been encouraged to 'drop things' to not upset company dynamics. I feel physically sick with worry when I think about working with this member of staff now.

- None of my formal grievances on the above have been dealt with in line with company policy. I have had no feedback and no investigations have been made. Basically nothing, and as a result, nothing has changed or things have gotten worse and I haven't been able to appeal. This has caused me to be anxious about them remaining and reoccurring and I am fearful about returning to work. My boss is refusing to give me any evidence that the correct proceedure has been folowed despite me asking.

- In comparison, complaints raised by other members of staff are treated differently. e.g. staff have ganged up to issue false complaints about me. Instead of identifying this as the bullying that it was, I was dealt with a zero-tolerance approach (think: leaving a dirty mug on my desk = immediate banning of tea), which caused me great upset. My boss failed to act on the bullying despite agreeing it was happening. When I raised a similar issue earlier, it was not dealt with and has therefore continued. I was told not to pursue it as it would upset company dynamics. I believe that me raising it led to the petty retaliation from other staff.

- My boss hasn't considered my anxiety-related requests. For example, when the above happened, I was dealing with a difficult deadline. The 'dirty mug' issue wasn't urgent and the bullying/zero-tolerance approach was upsetting, so I asked my boss to pick it up after the weekend so I could still work and not be affected by the anxiety. He initially agreed but then ignored this and emailed me about it the next day, which caused me to have a panic attack and be phyically unable to work, miss the deadline, and spend the weekend in bed.

- I am paid less than both other people at the same level, who are both men. I have asked this to be reviewed complete with requested information 4 months ago and this hasn't been looked at, with the reason that I have been off sick. However, they have contacted me about other trivial things whilst I have been off sick.

- My work is given lower priority than other work and I keep having resources taken away despite my workload increasing. This has caused me a huge amount of stress, but my boss has not resolved any of it despite me asking many times.

- A colleage shared private information with my boss about my relationship with another colleague (this is allowed). In a catch-up meeting, my boss told me that he had heard that my relationship was affecting my work (untrue), but had not investigated first. He did this in front of other staff members including my partner, which humiliated me. I was then forced to 'make up' with the person who 'reported' this in a meeting outside of work and was verbally abused by her. This caused me to take several days off because of anxiety. It was agreed that she shouldn't have shared private information, but this wasn't acted on, and she has since said other inappropriate things in work emails that has caused me to be picked on.

There are so many other things but I just can't list them all or this will be an even bigger essay.

WHAT TO DO

I honestly cannot face going back to work because I know my boss won't address these issues properly based on past experience. The damage has also already been done and the issues won't go away.

They are offering 2 months notice plus another 2 months in settlement. I highly doubt that I will be better and be back in work in 4 months and that's if a suitable job comes up.

I am very angry that I am being essentially forced to leave a full-time permanent job on which my house depends and be unemployed during an economic crisis. My job is rare as hens teeth at the moment and I could be unemployed for a year. I am also still sick and can't imagine being able to hold down a full time job now.

What do I do?? Do I ask for more so that I don't suffer financially? What if I don't get another job for 9 months?? should I take them to court? Can I take them to court? I don't think I could bear the stress.

Marcon

I read the short version and your final paragraph.

What do you want the outcome to be?

maralions

I want to not have to be financially impacted by their incompetence and for the fact that they have made me ill. I don't want a huge payout or to go to court, I just don't want to have to lose my savings or house if I cannot get another job in 4 months, which is extremely unlikely given my current state and the economic climate. It is vey hard putting a figure on an unknown but in the past it has taken me between 6 and 9 months to find another job. I think I would also like to ask for them to contribute towards private therapy as I am not covered by the NHS. 

Obviously my likelihood of getting anything that doesn't put me at risk (i.e. current offer) depends on whether they think I have a case or not, which is why I am trying to figure out where I stand. 

k12479

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. On that basis, 2 months notice pay + 2 months salary sounds like it might be a generous offer to quickly resolve a messy situation for all and asking for anything more may well risk being offered less.

maralions

k12479 said:

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. 

Three other staff members have left the company because of similar issues in the last year, and my boss accepts that he has managed some things poorly and that issues have not been addressed properly. He acknowledges the intimidation and bullying and gross misconduct yet does nothing about it. He literally said to me in an email today: "he is not denying that there have been and are issues around my role and my employment that have had and continue to have an impact on my health and wellbeing."

Undervalued

maralions said:

k12479 said:

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. 

Three other staff members have left the company because of similar issues in the last year, and my boss accepts that he has managed some things poorly and that issues have not been addressed properly. He acknowledges the intimidation and bullying and gross misconduct yet does nothing about it. He literally said to me in an email today: "he is not denying that there have been and are issues around my role and my employment that have had and continue to have an impact on my health and wellbeing."

You need to take proper legal advice if you are intending to pursue this.
However a few point to consider.....

Whilst mental health issues can amount to a disability (for employment law purposes) under some circumstances that is not automatic by any means.

Even if you are disabled (for this purpose) that does not give you complete protection. It only require the employer to make "reasonable adjustments".

As you know, with less than two years service, you can be dismissed for any reason that does not amount to unlawful discrimination - or no reason at all. There is no easy legal means of compelling the employer to give a reason.

Again proper advice is needed.

Although GPs are often helpful by writing "Work related stress / anxiety" on certificates that is fairly easy for an employer to dispute. Whilst the doctor can make a medical judgement that you are suffering from stress / depression / anxiety, he only has your account of the supposed cause. For all he knows your work situation could be idyllic and you have a difficult situation at home or with family but are choosing not to tell him! It happens! A much more involved assessment would be needed as to the cause to stand up in a disputed tribunal or court case.

Finally, if things seem tough now they are going to get a whole lot worse fighting a disputed claim.

TBagpuss

I would speak to an employment lawyer to get some advice (check your house insurance to se if you have cover) 
BUT: 

• The fact that your boss is the one dealing with the process is no unlawful - in many smaller businesses' it's inevitable that it will happen,. If he is doing it with legal and  HR advice it's probable that he is following the correct procedures etc.
•  I think (caveat, you should get advice from an employment lawyer) that you would struggle to show you've been dismissed due to a disability. You say that you have been bullied and treated differently to other staff members in relation to grievances you've raised but you don't appear to be saying that the different treatment was due to your anxiety, rather that it caused / exacerbated it.  It is possible that you might have other, no-disability related grounds to leave and claim constructive dismissal but this is notoriously difficult to prove.
• You are being offered, as I understand it, 4 months pay to be able to walk away?
• You have been off sick for 3 months and were struggling before that - if they follow the correct procedures it's possible that your employer could wind up dismissing you on capacity grounds, i.e. that you are unable to do your job de to your health issues. If that happened, I don't think you would be entitled to any settlement, just your notice period and any accrued leave.
• If you can't come to an agreement, to try to get more you would need to go to a tribunal which would involve further time and stress with no guaranteed outcome. While I appreciate that you want to minimize the financial  impact on you of leaving, you do also need to think about how getting involved with an ongoing tribunal case, and not having income while that is going through, would affect you. 

I suspect that taking the offer, or trying to negotiate to slightly increase it, may well be your least-worst option, as it lets you get out of the job which clearly isn't suitable for you, and gives you enough money to provide a cushion while you recover and look for a new job. BUT it does seem like a situation where spending a few hundred pounds to get some proper, professional advice may well be cost effective. 

68ComebackSpecial

You should understand that a settlement agreement is designed to draw a line under the employee/ employer relationship and that, as long as it has been correctly executed, it will almost certainly preclude you from taking any further legal action against your employer in pursuit of further compensation.

FBaby

maralions said:

k12479 said:

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. 

Three other staff members have left the company because of similar issues in the last year, and my boss accepts that he has managed some things poorly and that issues have not been addressed properly. He acknowledges the intimidation and bullying and gross misconduct yet does nothing about it. He literally said to me in an email today: "he is not denying that there have been and are issues around my role and my employment that have had and continue to have an impact on my health and wellbeing."

See, there could be a matter of interpretation because you seem to read this as his acknowledgement of wrong doing by the company. 

Yet it could be read that there are issues with you performing your role which is affecting your mental health. This to me is more a way of them saying they could take the dismissal route for inability undertake your job.

You've posted in different places and everywhere you're being told to be take the money and count your blessings. 

k12479

FBaby said:

maralions said:

k12479 said:

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. 

Three other staff members have left the company because of similar issues in the last year, and my boss accepts that he has managed some things poorly and that issues have not been addressed properly. He acknowledges the intimidation and bullying and gross misconduct yet does nothing about it. He literally said to me in an email today: "he is not denying that there have been and are issues around my role and my employment that have had and continue to have an impact on my health and wellbeing."

See, there could be a matter of interpretation because you seem to read this as his acknowledgement of wrong doing by the company. 

Yet it could be read that there are issues with you performing your role which is affecting your mental health. This to me is more a way of them saying they could take the dismissal route for inability undertake your job. 

That was exactly my thought. "I'm not denying..." is often said when someone cannot credibly deny there was an issue, but it's a long, long way from them accepting full responsibility for it.

74jax

maralions said:

k12479 said:

maralions said:

...due to how work (boss, other colleagues) have treated me.

Reading through that I am, as a detached, uninvolved person, wondering how much of it is due to them, and how much might be perceived wrongs rather than actual or self-inflicted. 

Three other staff members have left the company because of similar issues in the last year, and my boss accepts that he has managed some things poorly and that issues have not been addressed properly. He acknowledges the intimidation and bullying and gross misconduct yet does nothing about it. He literally said to me in an email today: "he is not denying that there have been and are issues around my role and my employment that have had and continue to have an impact on my health and wellbeing."

I think here, he is saying yes you carrying out your role is having an impact on your health and wellbeing.  I read it as it's YOU doing the role that is causing this, and if you weren't to do the role you wouldn't have this problem (which is true).  I do't read it at all as he is accepting the company is at fault etc.  More the role and you don't 'fit' for your health.