Does employment law cover this?

[un1corn]

I made a thread a few weeks ago about some work problems. Anyway, long story short, genuine mistake at work, ongoing disciplinary process which has lasted most of the year.

Halfway through this process I was moved departments due to 'staffing reasons'. The new department was not somewhere I wanted to be, highly stressful and very depressing. After numerous serious nosebleeds and numerous nightmares, I took advice and spoke to the Dr who signed me off for two weeks.

I'm due to go back into work within the next few days. However, work have contacted me and stated they will be putting me back in the same department as before, despite me offering them several other alternatives as to where to place me to make things easier and better for my health.

These have been outright dismissed, and im going back to working somewhere which will be bad for my health I think.

Does any legislation cover this? Do i have a leg to stand on? I could go back to the Dr and take 5 months off im sure, but i dont want to be seen to be someone who is taking the serious piss in case that effects the outcome of the ongoing disciplinary.

Any suggestions?

[Muzzer79]

How long have you worked there?

What do you do? You don't need to be too specific - office job in a construction firm, for example.

[anonymous-user]

An employer has a duty to protect an employee from undue stress, but note that I said undue stress, not any stress, and what is undue depends on context. If the facts are strong enough, stress and a failure by the employer to deal with it can found a claim for constructive dismissal and even a personal injury claim, but only someone with detailed knowledge of your situation can give you reliable advice.

Edited by anonymous-user on Tuesday 19th August 18:18

[anonymous-user]

I add that mental illness may, depending on the facts, amount to a disability that engages the employer's duty to make reasonable adjustments to accommodate the disability, but once again this is heavily fact dependent and in many instances stress would not meet the test for disability.

[mph1977]

M'learned Breadvan's last two posts cover the key bases , the Disability Discrimination angle may be one to approach - there is sometimes reluctance to engage these options ...

is the employer of a decent size ? do they have an occupational health Provision whether in house ofr contracted in ? if they do - make use of it - while OH is paid for by employers the GMC/ NMC/ HCPCs rules mean that the Doctors / Nurses / AHPs ( predominatly Physios and/or OTs in Occ health although in some cases Practitioner Psychologists may be involved) work in the interest of the 'patient' i.e. you .

[anonymous-user]

In your last thread I advised you to simply quit your job and work somewhere else on the grounds that there is no job that is worth risking your physical and mental health for.

I really meant it.

I strongly advise you do something else for a living.

You clearly do not want to be there, so why on earth put yourself through it?

[un1corn]

NinjaPower said:

In your last thread I advised you to simply quit your job and work somewhere else on the grounds that there is no job that is worth risking your physical and mental health for.

I really meant it.

I strongly advise you do something else for a living.

You clearly do not want to be there, so why on earth put yourself through it?

This is something I am seriously considering and will be leaving as soon as possible, although now is not practical to do so.

Muzzer79 said:

How long have you worked there?

What do you do? You don't need to be too specific - office job in a construction firm, for example.

8 Years. Full time salary contract, Public Sector work. Government/Taxpayer funded.

mph1977 said:

M'learned Breadvan's last two posts cover the key bases , the Disability Discrimination angle may be one to approach - there is sometimes reluctance to engage these options ...

is the employer of a decent size ? do they have an occupational health Provision whether in house ofr contracted in ? if they do - make use of it - while OH is paid for by employers the GMC/ NMC/ HCPCs rules mean that the Doctors / Nurses / AHPs ( predominatly Physios and/or OTs in Occ health although in some cases Practitioner Psychologists may be involved) work in the interest of the 'patient' i.e. you .

I spoke to works occupational health department. For the last 6 or 7 weeks i've been taking counseling. It doesnt really help but it's better than nothing, although they don't seem to have any sway with the decision makers.

[Zeeky]

You need to think about whether or not you are fit enough to return to work in your present department or not because that is what your job requires presently. You need to discuss this with your GP. You both need to come to a decision as to whether or not you will return to work in the next few days.

If you decide not to return to work because you are not yet ready your GO may be willing to write a letter suggesting a change of department may help you to return to work.

As mentioned above, if you can speak to OH that may assist in bringing your needs to your employer's attention.

It is not surprising that your employer has refused to change your department solely on your concern for your health at this stage.

Your employer is more likely to respond to professional advice about what might be needed in the interests of your health. They are unlikely to initiate this process until you have been off work for some time even if they are willing and able to do so. Legal liability usually arises after the employer fails to heed professional advice.

If you do not have a history of psychiatric illness it is unlikely you are disabled within the meaning of the Equality Act.

[zollburgers]

un1corn said:

I made a thread a few weeks ago about some work problems. Anyway, long story short, genuine mistake at work, ongoing disciplinary process which has lasted most of the year.

Halfway through this process I was moved departments due to 'staffing reasons'. The new department was not somewhere I wanted to be, highly stressful and very depressing. After numerous serious nosebleeds and numerous nightmares, I took advice and spoke to the Dr who signed me off for two weeks.

I'm due to go back into work within the next few days. However, work have contacted me and stated they will be putting me back in the same department as before, despite me offering them several other alternatives as to where to place me to make things easier and better for my health.

These have been outright dismissed, and im going back to working somewhere which will be bad for my health I think.

Does any legislation cover this? Do i have a leg to stand on? I could go back to the Dr and take 5 months off im sure, but i dont want to be seen to be someone who is taking the serious piss in case that effects the outcome of the ongoing disciplinary.

Any suggestions?

If your work have a genuine shortage of staff in this department and nowhere else, then is it reasonable for you to offer your services in departments where there isn't a shortfall?

You could ask "why is it me they are moving and nobody else" but you also mention a disciplinary and so maybe they don't want (or are not allowed) you in your present role until this is resolved?

If it was me I would be looking for a new job to be honest.

Even if they are forced to take you back in the role you want, it probably won't do your future prospects any good.

[elanfan]

First off i reckon it is a pretty poor employer who has a member of staff with a disciplinary hanging over them for 'most of the year'. Surely this isn't helping your health - are you a union member - if you are I suggest you have a meeting with a representative. The aim of this should be to finalise the diciplinary so you can move on from it.

Your employer does have a duty of care towards you and if there are other capable employees who can step into that role to take the pressure off you so you can go back to what you normally do I think they have a duty to do it. Your rep should be able to 'suggest' to your employer that they are opening themselves up to a potential claim if they do not reconsider.

Be careful about going on long term sick - not only can you be dismissed under capability grounds but it won't look good on your record for future employers. Also you can run out of sick pay depending on your contract and find yourself on a very minimal income.

All this said - it is much easier to apply for and get another job when you are in existing employment rather than being unemployed and on the sick whilst applying. It sounds as tho' the stress you are under is just not worth the toll on your health - despite the years of service move on and find yourself a happier place to be. You will look back in a few months time and wonder why you didn't do it before.

Good Luck!