Do I have any rights?

Kymmie

Hi 

I worked for Tk Maxx from June 2022- Nov 2022. Basically I was made to leave on Health issues. 

But my boss knew I had mental health issues when she took me on. And it's just been !!!!!!, she's told me that my mental health issues are my problem and no one else's. And her response was to watch the news and see what is going on in the world and the war to realise my life isn't that bad. I also got told that the only job I will be any good for is a dog walker. And she's also tried to diagnose me with Bipolar Disorder(she's not medically trained). I was basically bullied out of my role by her. She refused to lower my hours down to my contracted hours. And wouldn't extend my probation anymore. And I wasn't given any proper training either. I also don't think I've been paid my final pay pack either. She then had the nerve to tell me that when "I'm better" to contact her and I can come back and work for her. (That won't be happening)

I was also made to delete all social media off my phone. And she also used to watch me to make sure I got the bus home. 

Anyways do I have any grounds to email HR? Can I put in for bullying? I just feel like I've been treated really unfairly.  

Dakta

Sorry to hear you've been through such a rough time with that employer. Companies seem to properly suck where MH is concerned - that said - if they were concerned about you could watching you make sure you got on the bus more an act of care? (everything else sounds a bit offside to me though!)


You've been there less than 2 years which for most makes it hard except where protected characteristics are concerned, did you leave or did they let you go?  I suppose the main thing to question is what kind of recourse are you looking for?

Little consolation but if it's that toxic being out of there is probably a good side of it all

breaking_free

Sounds like your boss may have stepped too far outside her comfort zone when she took you on after you admitted to having mental health issues (and well done to you for being honest and upfront about it). She obviously wanted to give you a chance, but it seems like she wasn't able to manage you effectively. 

I agree with the above poster that ensuring you got the bus home looks more like an act of care than an act of bullying by surveillance. 

We all have to make compromises; managers can make allowances for employees but you cannot expect a non-mental health expert to understand exactly how you tick. From what you've written it sounds like she made some initial effort when hiring you, but then got fed up; if she really did make those comments exactly as you've stated, that shows either a lack of sensitivity or frustration.

I don't think you'll get anywhere by complaining, though you can certainly try. As the above poster asks, what kind of recourse are you looking for?

Try to manage your expectations of other people - they cannot stand in your shoes and understand how you feel.
I wish you well in any future employment. 

Undervalued

Kymmie said:

Hi 

I worked for Tk Maxx from June 2022- Nov 2022. Basically I was made to leave on Health issues. 

But my boss knew I had mental health issues when she took me on. And it's just been !!!!!!, she's told me that my mental health issues are my problem and no one else's. And her response was to watch the news and see what is going on in the world and the war to realise my life isn't that bad. I also got told that the only job I will be any good for is a dog walker. And she's also tried to diagnose me with Bipolar Disorder(she's not medically trained). I was basically bullied out of my role by her. She refused to lower my hours down to my contracted hours. And wouldn't extend my probation anymore. And I wasn't given any proper training either. I also don't think I've been paid my final pay pack either. She then had the nerve to tell me that when "I'm better" to contact her and I can come back and work for her. (That won't be happening)

I was also made to delete all social media off my phone. And she also used to watch me to make sure I got the bus home. 

Anyways do I have any grounds to email HR? Can I put in for bullying? I just feel like I've been treated really unfairly.  

You may have been but the question is whether you have been treated unlawfully.

Whilst mental health conditions can amount to a disability (for employment law purposes) it is not automatic by any means.

Also your employer would need to have been formally made aware of your condition (were they?) or it would have to have been so obvious that a non medically trained person should reasonably have been expected to have been aware (was it?).

Even if those criteria were met, all you employer would have been obliged to do is make "reasonable adjustments". Many "good" employers actually do far more in this respect than the law would require and that can sometimes make people think that more is required than is actually the case.

Finally, as you resigned, any claim (if indeed you were eligible to make one) would have to be for constructive unfair dismissal. That is notoriously difficult to prove and only around 3% of such claims that get to a tribunal are actually won. Obviously some others are settled.

Is your health up to fighting this?

pinkshoes

It depends how you look at this.

The bus thing sounds quite caring. It sounds a little like she felt your behaviour was unusual and she had concerns about you coping with the job so was keeping an eye on you. It doesn't sound like bullying to me. 

What do you mean by "She refused to lower my hours down to my contracted hours"? So you had a contract for X hours but they made you work more than this?

Yes, it was frustrating, but you now have 5 months of experience for your CV and can go and find a more understanding employer.

I would personally just move on. This wasn't the job for you.

Kymmie

I was contracted for 16. But it was more like anywhere from 24- 28 hours a week. 

TBagpuss

You can email HR, and let them know what happened. It may not result in anything for you but it is possible that they will speak to her and it could reduce the risk of it happeneing to anyone else.

In terms of what you might be able to do, I think the only possibility would be if you were claiming that you have ben unfiarly dismissed through constructive dismissal on the basis of a disability . As Undervalued says, it's quite diffiuclt to sucessfully prove constructive dismissal and I think that in all but the most serious situations it's necessary for you to have tried other options first, e.g. speaking ti HR or raising a forma grievance before you resign. In your case, things such as whether you specifcally asked your manager not to watch you going to the bus, or to stop commenting on your health,  might also be relevant .

You can certainly contact HR or whoever does payroll about your final pay, ask thm to provide a breakdown as to how your final pay was calcuated so you cna check this against the actual hours you worked, and request the outstanding balance if they have underpaid you.