Health Related Settlement Agreements
Discussion
My wife returned to her IT job after maternity leave this year. She joined a new project with zero handover/introduction and very little support since from either her line manager or her project colleagues. The project sounds like it's very poorly run and a very chaotic environment. On top of this, we have obviously been in lockdown where we have had to manage childcare ourselves.
The work situation has caused significant stress to my wife which has caused headaches, lack of sleep and general anxiety and unhappiness. She was signed off sick for a couple of weeks, occupational health have been involved and are very keen for her to return to work.
I'm really not sure what the solution is but leaving the job is looking like a strong possibility as I don't see how anything is going to change. She asked to be moved onto a different project but got a flat "no" from her line manager.
The big problem about resigning is that she has been saving a significant amount into a share shave scheme and the company share price has gone up almost 300%, this is due to mature towards the end of the year, and if she resigns before that date, she loses all profits, which is an amount roughly equivalent to 2 years of net salary.
I'm not a huge fan of "playing the system", but I am familiar with settlement agreements for redundancy, I wondered if there was an equivalent for health-related resignations? My wife doesn't want a pay-off in the same way as a redundancy, she just wants the ability to let the share save scheme run to maturity.
Any ideas would be appreciated.
Thanks in advance.
The work situation has caused significant stress to my wife which has caused headaches, lack of sleep and general anxiety and unhappiness. She was signed off sick for a couple of weeks, occupational health have been involved and are very keen for her to return to work.
I'm really not sure what the solution is but leaving the job is looking like a strong possibility as I don't see how anything is going to change. She asked to be moved onto a different project but got a flat "no" from her line manager.
The big problem about resigning is that she has been saving a significant amount into a share shave scheme and the company share price has gone up almost 300%, this is due to mature towards the end of the year, and if she resigns before that date, she loses all profits, which is an amount roughly equivalent to 2 years of net salary.
I'm not a huge fan of "playing the system", but I am familiar with settlement agreements for redundancy, I wondered if there was an equivalent for health-related resignations? My wife doesn't want a pay-off in the same way as a redundancy, she just wants the ability to let the share save scheme run to maturity.
Any ideas would be appreciated.
Thanks in advance.
Hi
Unfortunately if your wife is unable to handle the stresses of the new role, unless she is being put in a position that is unreasonable / unhealthy or different to her peers and she can prove that, then she may have some sort of case.
But to be blunt, getting a payout because she can't hack the current work environment is not going to happen.
Unfortunately if your wife is unable to handle the stresses of the new role, unless she is being put in a position that is unreasonable / unhealthy or different to her peers and she can prove that, then she may have some sort of case.
But to be blunt, getting a payout because she can't hack the current work environment is not going to happen.
Surely the share save scheme is a bit like a retention bonus? So the objective of it is to stop people leaving, not to pay them to leave.
She could maybe ride it out for the rest of the year, short term pain etc either still at work or on long term sick leave. Personally I'd be content to put up with 6 unhappy months if I got a big lump sum at the end. Only a problem if the Occ Health GP has a different opinion to her own GP as to long term absence. Then it can get messy.
I think the only alternative for getting some sort of payout, would be to resign (quoting discrimination and health reasons) and then go for a constructive dismissal claim (if there is actual evidence to base the claim on). It's probably fairly common for women to be treated differently when they return from maternity leave. If Occ Health can recommend some workplace adjustments to facilitate a return to work and the company fail to implement them, that is good evidence to retain.
She could maybe ride it out for the rest of the year, short term pain etc either still at work or on long term sick leave. Personally I'd be content to put up with 6 unhappy months if I got a big lump sum at the end. Only a problem if the Occ Health GP has a different opinion to her own GP as to long term absence. Then it can get messy.
I think the only alternative for getting some sort of payout, would be to resign (quoting discrimination and health reasons) and then go for a constructive dismissal claim (if there is actual evidence to base the claim on). It's probably fairly common for women to be treated differently when they return from maternity leave. If Occ Health can recommend some workplace adjustments to facilitate a return to work and the company fail to implement them, that is good evidence to retain.
Hi XJ.
Most immediate line managers will perhaps not be seeing the bigger picture.
I think she should have a discussion with HR, discuss the stress of the project, her request to move projects etc, she should also ask what are her options for her employment.
Firstly I think it is good to get this on record as it were and secondly it may lead to more options being generated, such as a move, or a short term as part time to help manage childcare.
It is also useful for her to look at specifically what is the stress ? is it volume of work? unreasonably deadlines, lack of decision making ? The more specific she can be the better.
OP- your wife is being made ill by the job. It is a legal requirement that reasonable adjustments be made to allow her to carry on with the job. Whether this is redeployment, assistance with managing the work or someone drafted in to help. I would point this out to the line manager and that he’s potentially opening the company up legal redress (which wouldn’t look good for him). You should ask him to reconsider his flat no and if you get the same response take it to HR pointing out their obligations and the fact that the line manager is breaching H&S law.
Definitely worth checking the terms of the share save scheme so do offer different options.
Stick it out to the end of the year even if it’s upsetting, 2 years salary is not to be sniffed at.
Definitely worth checking the terms of the share save scheme so do offer different options.
Stick it out to the end of the year even if it’s upsetting, 2 years salary is not to be sniffed at.
Thanks all, some food for thought here.
We looked into the Ts and Cs of the scheme and sadly there's no option to pay the last 6 months up front.
The only way my wife can keep the profit from the scheme is if she's considered a "good leaver" and apparently if the reason for leaving is illness, it will be at the discretion of HR as to whether the specific illness makes her a good leaver or a bad leaver.
I suspect the safest option is to try and wait it out.
We looked into the Ts and Cs of the scheme and sadly there's no option to pay the last 6 months up front.
The only way my wife can keep the profit from the scheme is if she's considered a "good leaver" and apparently if the reason for leaving is illness, it will be at the discretion of HR as to whether the specific illness makes her a good leaver or a bad leaver.
I suspect the safest option is to try and wait it out.
Gargamel said:
Hi XJ.
Most immediate line managers will perhaps not be seeing the bigger picture.
I think she should have a discussion with HR, discuss the stress of the project, her request to move projects etc, she should also ask what are her options for her employment.
Firstly I think it is good to get this on record as it were and secondly it may lead to more options being generated, such as a move, or a short term as part time to help manage childcare.
It is also useful for her to look at specifically what is the stress ? is it volume of work? unreasonably deadlines, lack of decision making ? The more specific she can be the better.
I agreeMost immediate line managers will perhaps not be seeing the bigger picture.
I think she should have a discussion with HR, discuss the stress of the project, her request to move projects etc, she should also ask what are her options for her employment.
Firstly I think it is good to get this on record as it were and secondly it may lead to more options being generated, such as a move, or a short term as part time to help manage childcare.
It is also useful for her to look at specifically what is the stress ? is it volume of work? unreasonably deadlines, lack of decision making ? The more specific she can be the better.
These are unusual times with people working remotely, taking care of children, etc.
If she cites stress, this is an illness. That may be temporary, which the company should support, but it may also require reasonable adjustment from the business.
Regardless, getting this on record calmly with HR is a good idea.
I think from a mental point of view I could cope with nearly anything for 6 months to get a 2 year salary bonus.
I've always found problems are way way easier to deal with when there's an end in sight to it, rather than a Groundhog Day situation of I'm dealing with this nonsense forever really.
I'd be quite happy to coast through the next 6 months doing the bare minimum required. Any time anyone gave me any aggro I'd just internally laugh at them, knowing I'm going on an extended holiday on their dime in a few months time.
I've always found problems are way way easier to deal with when there's an end in sight to it, rather than a Groundhog Day situation of I'm dealing with this nonsense forever really.
I'd be quite happy to coast through the next 6 months doing the bare minimum required. Any time anyone gave me any aggro I'd just internally laugh at them, knowing I'm going on an extended holiday on their dime in a few months time.
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