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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think work broke their duty of care?

33 replies

maxystar · 15/10/2023 19:39

Very short version. I had to do an appeal at work regarding my rating and I included that the job and my manager had made me feel severely depressed to the point of suicidal.

Manager had a secondment at that point and didn’t get involved. The head of my department read the appeal too and never addressed it with me. Manager is now back and nothing has been said or addressed.

Mental health is promoted so heavily in the business, yet they’ve done nothing.

OP posts:
Soontobe60 · 15/10/2023 19:41

What’s the timescale of these events?

Legaleagleplease · 15/10/2023 19:45

Whilst I am sure you have some valid points do you think you should take some personal ownership of the situation?
Rather than blaming your boss maybe work collaboratively to fix things.

ploymus · 15/10/2023 19:48

Was your appeal upheld or not?

Original poster
maxystar · 15/10/2023 19:50

Legaleagleplease · 15/10/2023 19:45

Whilst I am sure you have some valid points do you think you should take some personal ownership of the situation?
Rather than blaming your boss maybe work collaboratively to fix things.

I think a workplace owes a duty of care to their employees, not to fix their depression but to make it a psychological safe place to work.

OP posts:
Original poster
maxystar · 15/10/2023 19:52

ploymus · 15/10/2023 19:48

Was your appeal upheld or not?

They improved my rating on the basis that I wouldn’t then go to appeal.

OP posts:
Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

LostAtTheCrossRoad · 15/10/2023 20:10

maxystar · 15/10/2023 19:52

They improved my rating on the basis that I wouldn’t then go to appeal.

Show quote history

So they bribed you and you accepted it. That was a mistake because effectively you've let them off the hook. To get anything done now, you'll have to issue a fresh grievance, and that is fraught with issues.

Glorifried · 15/10/2023 20:10

Am I right in thinking the manager that caused the issues was seconded and your original manager has now returned?

If so then I assume they believe you are OK now things have reverted to normal.

MyGooseisTotallyLoose · 15/10/2023 20:13

Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

This. What sector do you work in to feel psychologically unsafe at work?

MidnightOnceMore · 15/10/2023 20:15

Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

The law disagrees with you - employers must protect employees from work related stress.

Surely you are aware of your duties if you are a 'boss'?
https://www.acas.org.uk/managing-work-related-stress/understanding-the-law

Lavender14 · 15/10/2023 20:16

I would say it depends on your sector but in mine yes there would be a clear duty of care and if any employee disclosed poor mental health especially suicidal ideation they would be referred to anonymous counselling paid for by our employer and asked to provide a fit note from their gp.

Sirzy · 15/10/2023 20:20

Was your employer aware of your diagnosis before your review or did you only tell them when you didn’t like the outcome?

ThirtyThrillionThreeTrees · 15/10/2023 20:28

I'm unclear on what you want/expect and need your employer to do. Did you want them to support your health or take action against the manager or both? Have you communicated this to them?

If anyone on my team spoke of suicidal ideation, I would speak to HR with the intention of them going on leave, and being referred to both EAP and occupational health.

It's standard procedure for another with physical or mental issues - they are in likely to improve in working need time to recover.

ActDottie · 15/10/2023 20:29

Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

Wow disappointing to read this.

Research psychological safety at work and educate yourself.

Fallenangelofthenorth · 15/10/2023 20:30

MidnightOnceMore · 15/10/2023 20:15

The law disagrees with you - employers must protect employees from work related stress.

Surely you are aware of your duties if you are a 'boss'?
https://www.acas.org.uk/managing-work-related-stress/understanding-the-law

Show quote history

I wasn't aware of this either so thank you.

I'm also a manager, and reading this guidance I'm pretty sure none of the other managers, or indeed my own, are aware of this. Either in my current place of work or any of my previous places of work. All small employers with under 200 employees.

I'll have a proper look into this.

Doingmybest12 · 15/10/2023 20:30

I think if anyone I managed at work told me that I'd want to talk to them to see what support they needed and inside and outside of work. I'd be a bit shocked I think if it was written so bluntly and I would definitely want to address it formally.

WhateverMate · 15/10/2023 20:32

maxystar · 15/10/2023 19:52

They improved my rating on the basis that I wouldn’t then go to appeal.

Show quote history

This sounds dodgy as hell.

Why did you accept it?

Moonwatcher1234 · 15/10/2023 20:32

Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

You say physical safety but why not mental or emotional safety? Do you turn a blind eye to bullying as you haven’t stated this falls within your very narrow remit if what you deem to be your responsibility?

happylittlesloth · 15/10/2023 20:35

They should have, at the very least, provided you with some sort of phone number or app for employee health and left you to it

Doingmybest12 · 15/10/2023 20:36

I'm a bit depressed that managers on here don't think staff emotional well being is something they should promote or have a role in protecting.

cartagenagina · 15/10/2023 20:39

Legaleagleplease · 15/10/2023 20:06

As a boss I think my duty is to provide physical safety, wages, a job to come to and not necessarily the mental or emotional state of my staff.
Who knows what mental fragility an individual may have based on previous trauma or low resilience?

You are completely wrong.

You are legally responsible for your employees health, safety and well-being at work.

OPs employer should have referred her to Occupational Health at the very least.

Gillypie23 · 15/10/2023 20:44

Not enough info to have an opinion

bloodyeffinnora · 15/10/2023 20:45

Doingmybest12 · 15/10/2023 20:36

I'm a bit depressed that managers on here don't think staff emotional well being is something they should promote or have a role in protecting.

me too, glad some of these aren't my manager

Riverlee · 15/10/2023 20:46

You say the manager ‘had made me’ so past tense? Maybe they thought this was in the past and now resolved?

Legaleagleplease · 15/10/2023 20:46

On my previous post I was trying to be brief but obviously, to me at least, I want to create an inclusive environment that supports the team. If anyone was in distress I would do whatever was in my power to help the situation.
I am aware of psychological safety, however one needs to tread carefully trying to please people in case they get upset. You come to work, do a job and get paid. Management are not totally responsible for your personal happiness.