Termination of Contract - Disability Act

stebiz

I'll try and keep this short and sweet and to the facts.

Off with stress 2006 for 3 months. Work Related. Not put on any stages or received any warnings They did mention it and I explained it was stress due to work and they decided to take in no further.

Phased return. Very 'gentle' with me at first then same routine.

July 2007 nearly had a complete breakdown. Could not face work. Could not sleep. Anxiety/Depression kicked in. Put on high dose of Anti Depressants and Sleeping Tablets to get through the night. Still on these now.

Paid full pay for 3 months then SSP. This has since finished and now on incapacity benefit. Work now want to come to an agreement to terminate contract. I am on no stages. They have only mentioned a months notice. Now want me to to attend a panel of 2 HR guys this wek.

They have written to my doctor and he says I can do work but not in a stressful position - or maybe I could do some at home.

My doctor has me seeing a counsellor.

---

Now off the facts.

I feel I am being discriminated against under the discrimination act. My stress/depression has been over 12 months.

I was suspended in 2007 for a 3 weeks whilst they investigated some abnormalities in my work - only to say that it was a computer mistake and a full apology given. Two months later 'The Breakdown'

No changes to my working conditions. In fact they added more obstacles and made it impossible for me to obtain bonuses. This wasn't just me so it wasn't directed just at me - they just made it difficult for everybody to get bonuses.

What would be an acceptable settlement bearing in mind I believe this was brought on by work. Is 1 months pay and goodbye fair from an employer I have been with for about 8 years or am I being greedy?

Regards
Stebiz

Mistyang

Hi Stebiz
no it does not seem fair, 1 months pay for 8 years service, after all they played a big part in you being incapable for work.

I am having immense problems myself with work after being off with stress for 8 weeks !!!!!!!!!

hugs Mistyang

dmg24

Have you made a complaint (usually by instigating the grievance procedure) about the issues that have caused you stress/ depression? If not, is the employer aware of these reasons?

If they are aware of the reasons, have they taken steps to alleviate the problems (if it is practical to do so)?

If reasonable adjustments are required, have these been taken (the key word here is reasonable)?

Discrimination is a word all too often banded about, and to be honest, I can't see anything in your post that constitutes discrimination. In order for you to have been discriminated against, you need to have been treated detrimentally because of your condition (i.e. a non disabled person would not be treated the same). Alternatively, you could claim discrimination if the employer has not have acted in accordance with the DDA (primarily by not making reasonable adjustments).

claireyfairy_2

I would check out your understanding of the DDA - it is the Disability Discrimination Act. It may be that your employer has acted unreasonably, but the DDA is there to protect those with a disability, not those who feel they have been discriminated against. (Was not clear from your post if you have a disability) Perhaps get some legal advice or consult with your union if you are a member. I'm sure you feel very upset and dissapointed but try not to be greedy, the most important thing is your health. If they were not willing to make resaonable adjustments in order for you to continue working, then perhaps they did not deserve to have you as an employee. Why not try to find an employer that will value you? Good luck

teabelly

I'm in a similar situation but luckily they made me redundant just as I was going to quit! Employers will give you the bare minimum possible but the general advice I have had is that don't get to the stage where they give you the push.

Perhaps you could ask what will they do to make it possible for you to return? Eg part time working or working from home. If you ask them directly 'what are you going to do to make the workplace safe for my return'? then they have to come up with something. Saying 'nothing' is going to put them onto the back foot as they have to make the effort to make reasonable adjustments.

My stress related symptoms lasted for several years and my employer did next to sod all to sort it out. Even me going off sick didn't give them then rocket up the !!!! it should have done. Their actions made it worse as they had one of the people bullying as my return to work monitor when I had already said I was having nothing to do with them as they were a bully!

If it is down to bullying then make formal complaints through the relevant channels.

If it is workload issues then say no to what you can't do and insist being forced to try and do more than what you can is exploitation, pure and simple. If there aren't enough staff to do the work then things don't get done and they'll have to live with it. You could resign and claim constructive dismissal but you really need to take out a grievance first as otherwise the constructive dismissal claim will probably fail.

You need to get proper legal advice from the CAB or a solicitor or union person ASAP.

Employers are rat bags generally. Don't expect respect or thanks as you'll be disappointed. Most treat their workers like dirt and more people need to stand up and say 'no, you will not treat me like this' or better still quit and be happy elsewhere and leave the rotten stinking employers to go bust.

A great book to read is called 'who moved my cheese'. I'd also recommend the Dalai Lamas book 'Happiness at work' if you want something to get your head away from where it is now.

LilacPixie

To me it sounds like they are trying to medically retire you not sack you. The diffrence being to go for a medical retiral you don't need to have any previous disaplinery stages.

I am covered by DDA myself and from your post it does not seem like you have suffered any discrimanation as a result of your 'disability'.

Under the DDA your employer has to make reasonable adjustments but no where does it state what is reasonable and what isn't so it is very much up to the employer to make that choice.

stebiz

A big thanks to you all for your views. Before I meet up with work I wanted to hear different peoples opinions. The firm (although employing hundreds) do not recognise unions and I therefore can't be represented. I am therefore a little unsure what to expect!!!

I work(ed) in a call centre. I was on family working hours so after a big battle I only worked day hours. This stopped me from working evenings, which was a blessing. The downside was that if I didn't work evenings I could not get a promotion as they wanted people to work evenings too. I complained bitterly that with my experience I could do a better job but got nowhere. They even refused an interview on the grounds that I could not work evening hours. In the end being in the same job, taking flak off customers all day, and training others who then got promoted 'to other duties' really got me down.

I don't really want to cause any ill feeling in work. However if I had cut my foot off at work I'd have received a payment of some description. In my case is wasn't my foot but my nerves which got 'shot to pieces' and leaving me in no position to leave my house for a number of weeks.

I would like to put to them that I hold them partly responsible, and that I would like a payment of say 'upto 8 months pay'. I mean as it stands my doctors letter clearly states that I am ill and have been for some time (and this I believe woul be covered by the DDA). I am in a position to work at home or in a quiet place at work but due to my nerves and anxiety can't go onto the main floor. Surely this shows willingnes to work and doesn't require too much of a change on their part. If not then some kind of payment only seems fair.

Can I put something in writing to them prior to the meeting along the lines, but a lot better worded

Dear ????

I have seen a copy of my doctors letter to yourselves.

He clearly believes that I am now in a position to work in an environment were there is limited stress etc. With my experience as one of the longest in your employ I believe I can do a great job offline or at home.

If you do not find this suitable could you please advise what you are proposing to offer to terminate my contract.

Yours
..........................

Stebiz

DaisyFlower

Your doctor suggesting you work from home is a good idea, however if you work in a call centre how do you propose to work from home? Your doctor can advise your employer but it also has to tie in with a business need.

I agree with LilacPixie, they dont appear to be sacking you but looking to medically retire you after such a long sick period.

As for promotion, if a job calls for hours that you cannot do then surely it was honest of them to not interview you and buid your hopes up. If you limit your hours, then it can impact on how you can progress.

dmg24

Unfortunately the working from home adaptation that you are suggesting is not practical for a call centre (unless they have remote working provision, a few do). Therefore it would not come under the requirement to make reasonable adjustments, and therefore this point would not give you protection under the DDA.

You mention an 'offline' job - would there be any suitable roles that you can suggest to them? Can you justify how such a role would alleviate/ minimise your condition?

dmg24

stebiz wrote: »

I work(ed) in a call centre. I was on family working hours so after a big battle I only worked day hours. This stopped me from working evenings, which was a blessing. The downside was that if I didn't work evenings I could not get a promotion as they wanted people to work evenings too. I complained bitterly that with my experience I could do a better job but got nowhere. They even refused an interview on the grounds that I could not work evening hours. In the end being in the same job, taking flak off customers all day, and training others who then got promoted 'to other duties' really got me down.

I would not mention any of this. Nothing mentioned here is discriminatory. Furthermore, it could be argued that if this is the reason for your illness, that it was in fact being a parent that caused your condition (the reason that you changed your hours was due to being a parent, not due to work).

Remember that the employer will be looking to minimise the payment due to you, and therefore they will be looking at other reasons for your illness.

cazziebo

What do you want to get out of this? A job or a settlement?

if it's a job then you have to have a real solution in mind that will work for the employer.

I agree with others. From what you've said I don't see grounds for discrimination - doesn't mean there aren't any, but I don't see what they are. As Lilac Pixie says, it looks more like a retirement on grounds of ill health. It is likely they will make payment and no one outside the company who doesn't have any knowledge can predict what that will be. In companies I've worked in it has never been anywhere near 8 months pay. I don't believe there is a statutory requirement to pay anything outside of notice.

You could try getting a first hour free lawyer for advice on the discrimination element. however, you would have to be able to demonstrate that you were being treated unfairly compared to able-bodied employees, and that the company made no attempts to make reasonable adjustments.