AIBU - only one without a desk

[Nurse1980]

Hi,

I recently returned to work following an episode of sickness.

We all had our own desk in the office (including myself). I’ve come back, and a six month temporary member of staff is now at the desk that was mine.

So Im having to use a laptop and sit at a filing cabinet, as I’ve no desk. I’m also disadvantaged as our job is much easier with two screens (all desks have two screens).

I’ve brought it up with my manager and was told that she was working on it.

I’m not sure if I’m overreacting (been off with stress and PTSD) and just finished my phased return. So I’m more sensitive than normal perhaps?

Yes, where there's no option to work from home, as with the OP's job, there need to be enough desks/equipment for everyone.

You can hot-desk in terms of not having a particular desk that is yours and just sitting anywhere in the office, but there need to enough for everyone in the team.

What I would do. Send a note to HR. Say, "no problem, you fully understand their difficulties when dealing with such a tricky situation (lol). For that reason you will help them out in order to fulfill H&S obligations in order that their employer, and yours fulfills It's obligation. I would then find a space and send email with your request for an office or workspace which is equal to and, no more or less than, as of when you left. Bcc the CEO or MD or, a advice bureau people. Sorry cant remember UK name. They will also see you as a leader as you found your own solution. If you can work that one, maybe you should be promoted as you have demonstrated a peaceful and logical solution!

You are being more than reasonable, especially given your issues with mental health. You would be well within your rights to walk out, citing Constructive Dismissal. However, I don't think you should actually do this, since it would probably cause yet more stress. However, it ought to be something for your employer to consider. At the moment, they are behaving like sh!ts.

Oh yes, the bullies definitely get going when someone is back from long-term sick leave. What a horrible situation for you. I had a terrible time some years ago after returning to work following a hysterectomy. I really feel for you. What horrible people.

This is sounding on first reading, like a form of constructive dismissal. I would definitely ask your manager to get this sorted asap like today as it’s untenable. Speak to HR as this is absolutely unacceptable as a working environment. I’d be fuming. Good luck OP

NhS? Doesn’t surprise me. So I’m possibly revising my opinion of constructive dismissal and moving more towards utter ineptitude on your managers part. Certainly not unusual sadly. This is really unfair and I hope it all works out better for you.

Why didn't u just go in and sit at your usual desk or say to the temp I need my desk back but I've set you up over there ?

She says she tried to sit at the desk and the manager told her to move as the temp needed the desk.

Since the OP couldn’t set up a desk for herself, I’m not sure how you think it would be any different setting one up for someone else? 🤔

I don't think it was OP's place to kick the poor temp off a desk and tell them to work from a filing cabinet 😆Imagine. Both of them should have a proper workstation.

Hate to say this but sounds like they are trying to squeeze u out

I would email your manager and cc HR to state this falls short of HSE guidelines & The Workplace (Health, Safety and Welfare) Regulations 1992 and state you need them to provide a reasonable timeframe for this to be resolved.

https://www.hse.gov.uk/pubns/indg244.pdf

You could also contact ACAS or HSE for guidance.

sod that - you’re being bullied Op - are you in a union?
Ask your manager when your new desk will arrive and say that you are goi g to HR as the situation is exacerbating your health condition and you are being treated with equality.
Then kick up a holy stink about it and get paid off. They don’t want you there.

Aren’t ACAS for employers not employees?
Or is it for both?

I think this is what’s known as Constructive Dismissal - the employer makes things extremely difficult in order to force you to quit. it’s a breach of employment law. Talk to citizens advice for free advice. Document everything photograph your work place. Ensure you keep copies of everything.

You need to speak with occy health. That's disgusting sitting at a filing cabinet!! Definitely not on. If you don't have the tools, I e., two screens how can you do your job effectively.

It seems as though they don't want you back. Do you want to be there? Regardless of the law, I don't think I'd fight to stay where I wasn't wanted... life is too short

Sounds like constructive dismissal to me. You need to join a union and take their advice

Having been in a similar situation, please log everything down, save emails, a record of conversations, everything.

I returned to work following maternity leave to find someone else (boss' friend's daughter) sitting at my desk and who had taken over the choiciest parts of my job. Little by little I was edged out, bullied, belittled, and made to feel stupid and worthless, because they wanted me to resign. I didn't. It was a horrible situation, totally unfair and even HR fabricated lies about what was happening. In the end they had to make me redundant, but at least i got some money to leave.

ACAS are for both employers and employees however for an employee they cannot advise on a specific case - only advise on what the statutory obligation of the employer is. For example, if you had been made redundant and had doubts if the consultation had been within legal guidelines you could call ACAS and they could explain the legal guidelines for you but they wouldn’t comment on if your employer/situation specifically fell outside the statutory requirement. That said, you would know from their guidance because your employer either would have, or wouldn’t have done the statutory minimum as explained by ACAS.

They are super helpful and should be able to confirm to the OP if there are legal requirements re: workspaces.

It’s also worth checking if the reason for OP’s sickness absence fall under a disability (The definition is set out in section 6 of the Equality Act 2010. It says you're disabled if: you have a physical or mental impairment. that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities).
If it does you could also mention Equality Act and Constructive Dismissal but I would exhaust all friendlier routes first, because at the end of the day you still need to work there (even if it’s only until your find something else) and in some workplaces bandying around terms that suggest you’re going to take them to a tribunal too early can just make for a rocky workplace experience.

What a total ass hole your line manager is!
I'd get there early and set myself up at the line managers desk and tell them if they have a problem you'll go to tribunal for bullying and harassment with constructive dismissal.
There are employment laws on your side, speak to a union rep.
If you're not in a union then join one today before you challenge your line manager officially, you can do it online, you don't have to go through your employer.
Good luck.

That is entirely unreasonable. If your manager doesn’t deal with it promptly you need to take it to HR and say the conditions in which you are expected to work require an immediate risk assessment. Your employers have a duty of care towards you, and having to work over a laptop without a desk is injurious to your physical health, not to mention the high probability of a stress and anxiety relapse.

Posters need to look at the Op's update...

Oh - I apologise @Talia99 .

I completely misunderstood you. Sorry!

I shall now slink away to wash this egg off my face 😳😂

And without this, you can't work.

Raise with HR. You may find a desk somewhere else in the office.

And until they do you can't physically work with a laptop. Even sitting in a canteen would be better than your set up!