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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to go on sick at work?

80 replies

alixxx1 · 11/03/2021 15:59

Hi all,

Quite a complicated one here. When I was on maternity with my first child, my whole job changed, my manager, my team, my office however my job title and salary remained the same, so I didn't really see any issue with the changes, I of course was disappointed but accepted it.

Since I've returned from maternity, well over a year now, I have been subject to work place bullying and to make matters worse my manager is not helpful. He is very young, very bitchy and deceitful. He has his office favourites and it shows. I always have my annual leave declined, I'm always asked to cover everything with his response to this being 'other members of the team don't like doing that', so I am expected to do it. He even called me on a day I had annual leave and asked me to work because he didn't want to trouble one of my colleagues to cover a meeting... she was in work that day. It's a disgrace. Anyway there's lots and lots of issues that I have been noting down and enough is enough now. I'm pregnant with my second child and I need to think about my mental health. I physically end the working day with a pounding headache from the stress work is causing me. I feel like nothing I do is good enough, I am never thanked for the tasks I do and I feel totally undervalued and under appreciated. I have been in this job for five years and it has totally changed. I really am miserable.

Funnily enough I am due to go part time in April. This was my decision, one that I wanted to do when I came back from maternity leave but my manager was insistent I came back full time, so I agreed and have been working full time for over a year since I came back. However, even though I am due to reduce my hours, I don't believe any changes to my contract have been made and there is no official change of hours date in place as yet. I can’t recall anything I’ve had with an official date in writing. My manager has already recruited someone for my job... his close friend funnily enough, who applied and was interviewed against no other candidates... suspicious. It was meant to be a job share with me but she has been given my job for four days a week and I have been told when I finally go part time, I won't be doing my job and I basically will be the office floater... I'll just float around and pick up everyone's shit basically. I’m genuinely annoyed about this as my manager told me over a year ago that my job needed five day a week cover, hence why I’d suggested a job share to ensure business needs were met. Job shares are common in my workplace! He even asked me to change the hours I was reducing to accommodate his friend taking over MY JOB and asked me to work Fridays because she couldn’t! I was in so much shock about this. I explained I am reducing my hours and have picked the dates I can do which he agreed to. I have a child. But it’s interesting to note, before I’d even officially said I was going to go part time, I’d only briefly mentioned it, he brought her in for a tour of the building right in front of my nose. So he knew what he was doing all along. I feel pushed out.

My manager is actually a gay man, but makes inappropriate comments towards me that if I continue ringing him to ask work related questions 'people will talk' and then puts my first name with his last name and says it has a 'ring to it'. Now I just take it as a joke but when I really think about everything I face it work, this is actually just something else that is going on in the office that shouldn't. I am a mother of two, with a partner and it makes my partner very uncomfortable when I tell him.

I'm so fed up I'm contemplating going on sick leave. However, I am due to go part time in April and think maybe I should stick it out. But I can't see it changing. So I was wondering if I take sick leave now, whilst I am full time, will they have the right to then change my hours to part time and sick pay to part time in April? It is agreed I will go part time but it has been very unprofessional and my manager has been focused on his friend starting my job more than anything.

I would look for another job but with the current pandemic, me being pregnant and the fact that I really need the hours I've agreed, I cannot at this time look for another job but likewise if it carries on this way I'll end up having a breakdown.

Does anybody know what will happen if I go on the sick now as a full time employee? Whether I would still be paid full time in April? Will they be able to still change my contract to part time if I am on the sick, or will they have to wait until I return from sick leave. My sick leave will be work related stress. I have approached my manager about the bullying but nothing has been addressed and in all honesty, he is just as bad. AIBU to even think this is an option?

Thank you all x

OP posts:
Pillowcase123 · 11/03/2021 18:30

Sorry to hear your struggling OP. If you're unwell and your GP agrees, of course you should take some time and rest up.

I'd expect you to get paid full time sick pay until the date you go part time and if you're still off then (which I assume you dont know at this stage with it being a month away?) then I'd expect it to fall to part time. It's only fair and I'm afraid YABU to expect any different. How would you feel if they asked you to work full time hours the week after you moved to part time? Probably not great right? So why would you expect to be paid full time wage when only being employed as a part timer?

That's assuming the contract change has been put in place with HR of course.

Good luck.

wheresmycrown · 11/03/2021 18:36

Hi @alixxx1 sorry you're going through such a difficult time. HR professional here so I can help with the process.

It sounds like you have a few points to address so just to clarify

Grievance with manager about bullying - you've not currently made a formal complaint about this. Have you ever told him this his behaviour towards you is inappropriate? If you haven't then you need to. And document it. Speak to your HR team and they can try and help you.

You absolutely should not be feeling pushed out and you need to have a clearly defined role.

Part time working from April- have you gone through a formal flexible work request for this and had it confirmed to you in writing that it will start from X?

How pregnant are you and When do you start your maternity leave?

BurgundyBells · 11/03/2021 18:40

It sounds like you've asked to go part time but not signed anything.

Change your mind.

Write an email referring to your previous conversations about you moving to past time hours and clearly stating that on reflection you've actually decided to withdraw the request.

Then see how that plays out, grit your teeth and stand your ground. Document the inevitable backlash and tantrum that ensues as part of your evidence.

Then go off sick claiming work related stress and file a fucking big grievance at the same time, submitting all your evidence to the highest level possible and mentioning your pregnancy in it several times.

Then enjoy the rest of your pregnancy and maternity leave and look for a new job at the end of it.

And if they've not dealt with your grievance correctly in the months between filing it and handing your notice in after your maternity pay ends, make it clear in your notice letter that you feel unable to return due to the events and the poor response to your grievance and contact ACAS about going down the constructive dismissal route.

alixxx1 · 11/03/2021 18:48

@8dpwoah the new days and hours are confirmed, however I have not been given an official date, other than me saying I will just do it at the start of April. We had a verbal meeting over the phone but I cannot recall anything in writing and still, even after that verbal meeting, there wasn't a date set, it was just that I would be part time in April. The focus really has been on the new girl.

And tbh, I don't think I could face full time there any longer, even if the union could unpick it for me. I was happy with the part time job share and was looking forward to a new colleague... however it's not a new colleague and it's not a job share, it's his friend and they car share together etc.

I'm 15 weeks pregnant.

OP posts:
alixxx1 · 11/03/2021 18:51

@Pillowcase123 you see I'm not sure the contract has been put in place with HR.

Initially when I finished my mat leave; I was going to go back part time. It was set in stone back then part time, job share. However my manager did not reduce my hours, I got overpaid and ended up owing my workplace lots of money for his error. He insisted I come back full time, so I did based on his persuasion and the fact I owed work money.

I understand what you're saying about how would I feel if work asked me to work full time a week after I went part time, however it actually would not surprise me if they did! The whole place is corrupt. I've been called whilst on annual leave to cover meetings because other staff don't want to, the exact same meeting I am not allowed to go for a toilet break in which is disgusting pregnant or not! x

OP posts:
alixxx1 · 11/03/2021 18:54

@wheresmycrown

I am 15 weeks pregnant and there is no agreed day for mat leave as yet

There is an agreement for me to go part time in April but no date has been put in writing. It's not even changed on my online rota so surely HR haven't implemented it. And if you read my comment above you'll see that this is not the first time I tried to go part time and HR wasn't informed. X

OP posts:
whatcangowrong · 11/03/2021 18:55

This sounds like constructive dismissal to me. See a lawyer. You should get a good pay out. How pregnant are you and do they know? You can probably argue for discrimination as well... unfair dismissal. And if you’re close enough to your due date you’ll still get maternity allowance. I don’t know why you would have accepted part time in these circumstances, it will just reduce what you can claim from them. Sounds like they have behaved appallingly and this is an HR issue. I am surprised you haven’t raised it already.

alixxx1 · 11/03/2021 18:55

@BurgundyBells thank you c

OP posts:
whatcangowrong · 11/03/2021 18:57

Cross posted but still see a lawyer. Sounds like best option for you is significant pay out and leave. He has been appalling. Do you have written evidence. It’s not far fetched to think you could get 6-12 months salary, £35k of that tax free so that should be you sorted for maternity pay.

alixxx1 · 11/03/2021 18:59

@whatcangowrong

Thank you

I'm 15 weeks and I'd decided on part time just before I found out I was pregnant. I probably would have stuck it out otherwise. However, with how bad things have been getting, I think staying full time would have had too much impact on my mental health.

I've left it for so long because at some points I have thought am I an issue? Is it me? Am I over thinking things but after opening up to friends and family it is clear I am not. X

OP posts:
wheresmycrown · 11/03/2021 19:02

@alixxx1 your qualifying weeks are 17-24 of your pregnancy so if you go off sick this could affect any pay you receive. Do you get full company sick pay or just SSP?

You really do need to raise a grievance or at least speak to hr about this so they can start to deal with it. It's absolutely not acceptable that you're made to feel this way.

If nothing has been agreed in writing then tbh I would also retract the request to go part time because in all honesty, in a very short period of time you will be going on mat leave and you will be better off if you accrue your holiday etc at fte rather than pt. you could put in your request to start your mat leave early too and make a decision about returning or not in a years time.

Based on what you've said I don't think you have a constructive dismissal claim. You need to raise a grievance and go through the proper channels to protect yourself incase it isn't dealt with.

wheresmycrown · 11/03/2021 19:04

@alixxx1 write everything down. Make a log of things that were said or emailed or done and date it as best as you can. Write down as many incidents as you can and make a rough guess on date if you can't remember exactly. This will help you if you need it

RedGirl99 · 11/03/2021 19:07

OP, I haven't read the whole thread but after the toilet debacle I'd read enough. He/they are trying to force you out, you need to take your log of everything to HR and raise a formal grievance, in the meantime see your doctor for a mental health assessment and a fit note- this is quite clearly affecting your mental health, so therefore you are sick! I'd also be speaking to Acas for some advice.

If they don't uphold your grievance you can appeal and if you still don't get anywhere I'd say, if everything you have described is accurate, you'd have a strong case for constructive dismissal if you resigned. Please don't be afraid to pursue this, I see this so many times where people just go quietly for various reasons and it's so wrong, the way you are being treated is appalling.

alixxx1 · 11/03/2021 19:13

@wheresmycrown I get full company sick pay
Thank you for replying. Appreciate it.

OP posts:
wheresmycrown · 11/03/2021 19:18

[quote alixxx1]@wheresmycrown I get full company sick pay
Thank you for replying. Appreciate it. [/quote]
In which case if things really are bad you might need to sign yourself off for a bit.
You can self cert your absence for 7 days before speaking to the gp. Be aware that if you sign yourself off with pregnancy related sickness then this can mean than you will need to take your maternity leave at 36 weeks. Any sickness relating to pregnancy can't be used against you for absence management.

If you get yourself signed off with stress make sure your gp confirms it's work related stress. Work may well ask for an OT report to be carried out so again, you may want to consider a grievance.

Ultimately your other option is to ask for a protected conversation - do this with your head of HR or the business owner.

HereIfYouNeedMe · 11/03/2021 19:20

[quote alixxx1]@RedRocketGirl I think I just worded it really poorly and I only mentioned his sexuality so people can get an idea of the full picture. Both myself and my partner have no issues with him being gay. My partner is uncomfortable because this is being said by my manager in the workplace, he couldn't care if it was coming from a gay man, a straight man, a straight woman, or a gay woman, he's annoyed that it is inappropriate full stop. And my partner isn't the jealous type either so I know that his concerns are because he's concerned that it's wrong.

Thank you for your replies. They're very informative. [/quote]
I took your post in the way you intended it, mentioning his sexuality was because you feel this is why he may think it's acceptable right?
I really really feel for you but honest truth, go to HR and make this very formal then resign. I've been through it last year at the end of mat leave and it's scary but I promise it will work out. Don't hold on to what the job used to be, look at what it is now. I think you've been treated too badly to ever feel happy here again. Even if you don't resign now, go to HR with the intention of doing so and I think you'll be able to face everything a lot easier. So sorry this is happening!!! Here if you want to talk, I could go on and on with this reply, honestly! Xx

alixxx1 · 11/03/2021 19:27

@HereIfYouNeedMe thank you. That's a very kind response. And you have it bang on, I think he thinks his sexuality makes the 'inappropriate comments' ok to say. I never know how to react when he says those comments to me and I always get embarrassed and laugh. The first time I let it slide but it's happened a lot now. X

OP posts:
Oly4 · 11/03/2021 19:31

You need a lawyer, are you in a union? What is happening to you is appalling. For a start he is forcing you out of your job. I’d get a lawyer first then contact HR

HereIfYouNeedMe · 11/03/2021 19:36

I think the comments are a part of the problem but not the only problem.
You need to really think about your happiness and the working life you want, especially having 2 DCs to care for and be present and happy for. I know you feel it's not an option to leave but honestly you'll be ok, it will work out I promise! You sound like you have a lot to offer, maybe start with going to HR... see how it pans out then take some sick leave. If it turns in to early mat leave then so be it. It's just money, if you don't earn enough there's help out there I'm sure. You deserve better, I ran a department and had been there almost a decade but really, it's just a job and life is short. I'm not meaning to sound flippant, I understand the importance of an income, paying the mortgage and bills etc. But your well-being comes first, for you and your family.
I'm so angry they're getting away with it, drag them through the mud and make him accountable!!!
I'm ranting now but honestly I just want you out and happy!!! Xx

alixxx1 · 11/03/2021 19:38

@Oly4 I honestly never felt I needed a union in this job until he became my manager and luckily a couple of months ago, I signed up, with the feeling I'd need the union.

When I came back from maternity leave my friend who I used to work there with, prior to the changes that were made when I was on mat leave, said to me 'he is one to watch.' She's in a different department, but clearly could see right through his crap with the little amount of contact she has with him. X

OP posts:
alixxx1 · 11/03/2021 19:40

@HereIfYouNeedMe thank you. Xx

OP posts:
Calmdown14 · 11/03/2021 19:58

Sounds horrible OP. I don't know for your own sake of its worth trying to go off sick on full time pay even if it's technically possible. Financially it might be but it sounds like you would suffer emotionally as it sounds like you are diligent and do care what others think.
I'd be tempted to see how part time goes and then take time if you need it. In the meantime, I would try and detach a little and start looking out for you.
I'd email your boss asking him to set out your new role. Be polite but deadly. Ask seemingly innocuous questions that enable you to start gather the written evidence you may need for a case for maternity discrimination or constructive dismissal.
I'd set myself a mental limit of say 3/4 weeks to gather as much hard evidence (not he said, she said) as possible. Imagine every bit of correspondence is being scrutinised and word careful.
If you go off sick now your manager will be on guard and painting a picture of you as unreliable. I know you have some already but it seems like this change in your position and the new person coming in is the prime time to catch him out on his bullying

VestaTilley · 11/03/2021 20:19

You need to join a trade union before you do anything else, consult an employment solicitor (may be included as part of union membership) and complain to your HR.

You should not have to put up with workplace bullying; there should be a formal grievance procedure for you to follow. Your manager sounds awful and should be reported- he’s not allowed to be sexist just because he’s gay.

Make a note in writing from meetings you have and of all the incidents you can remember - it’ll really help you if the issue gets escalated.

Remember you can take this to the employment tribunal if all other avenues fail.

I’d try and get it fixed before going on sick leave.

8dpwoah · 11/03/2021 20:24

God almighty what a mess...the initial part time full time overpaid business yet another red flag.

I would go in tomorrow, gather what you can, go on sick on Monday and phone your union. Spend your self cert days on getting a plan together and hopefully you will feel better able to go in and nail them the week after. Unless your GP/union advise you to get signed off. Don't try to deal with this yourself, you've allowed a lot of dodgy things to be done to you by acting in good faith, you pay your union subs so listen to them and do what they advise, with ACAS for a second opinion if you really want.
If you haven't had a change of contract you aren't going part time, you'll end up in the same situation as the first time you were going to do it. If your HR is 'normal' and neutral I'd maybe enquire directly with them, keep it vague, don't give specifics "any news on my part time hours?"

Calmdown14 · 11/03/2021 20:27

Also, check your home insurance policy. I have employment legal advice included in mine

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