Disability or constructive dismissal?

[windchimes23]

So I have a couple of options. I can call disability and get 2/3 of my salary for 5 years. Or go for constructive dismissal.

I am bipolar I, plus other issues. I've always functioned until the last year. I was only diagnosed in December after 9 years of good service. No sickness of note.

I hate my job. I went back after sick leave to a verbally promised promotion, it was given to someone else. Announced in a team meeting without my prior knowledge. I was also refused overtime and out of hours call out, basically a third of my salary gone without question.

They have refused to pay my contractual baby bonus. Said I didn't notify them despite email evidence.

They forced me to attend a physical social event (think running around and jumping about) at 32 weeks pregnant, it was a 70 mile journey each way in 30 degree heat. I had a major bleed two days later and was hospitalised and put on bed rest for the rest of my pregnancy. They contested this and tried to insist my maternity leave started immediately.

I'm now on a phased return after a bad bout of rapid cycling bipolar and have been told 'sort it out yourself'. HR are uninterested, and rude TBH.

I freaked out last week and ended up IP again. I've not disclosed I'm IP again yet but need to make a decision tomorrow as I'm over self cert time.

WWYD? Disability or quit and claim constructive dismissal?

[buttonmoonboots]

Unions are there for employees of private companies too, just FYI.

[windchimes23]

I think I've had some good advice. I'll deal with this slowly and sensibly. It's only going to be resolved between me and my employers. No amount of Internet speculation will give a solution, RL help is needed but you've all given me a good grounding.

Thanks to all for your help and support, it is appreciated

[windchimes23]

I am not manic, if anything I'm depressed. I'd be firing off emails left right and centre and contacting lawyers if I was manic.

I'm just looking for sensible advice.

[windchimes23]

You have children now, you are not capable of being on call OOH anymore. Therefore you lose your car allowance, on call allowance and overtime payments. I wasn't asked, I was told. A third of my salary gone in a two minute meeting with my line manager. I was so stunned I just didn't know what to say, this happened 30 minutes after my return from maternity leave.

I'm not IP and I'm relatively sane, for now. But yes I have MH issues, but these were not diagnosed or an issue at the time. I was classed as a peak performer before I had my children.

[HermioneWeasley]

OP, I'm not trying to be offensive, but are you in a manic phase at the moment?

[LibrariesGaveUsPower]

This does sound messy. I would agree with the advice to focus on your faith first and foremost. And definitely take real life advice .

[windchimes23]

I asked HR for KIT days three times via my work BB email. All were ignored.

I took 11 months off, I had planned 9 but due to my complications I had to take sick leave at 32 weeks then commence automatic maternity leave at 36 weeks.

I wish I could show copies of the emails they sent me. I was in hospital and they were trying to enforce my maternity leave at 32 weeks.

Then they tried to say my MATB1 was incorrect and I was 'more pregnant' than I'd disclosed

Jeez this is messy.

[LibrariesGaveUsPower]

There is no legal entitlement to kit days I am afraid.

What do you mean they cut your salary. was a reason given?

[Fizrim]

I don't think they have to offer KIT days - did you ask for any? How long a period of maternity leave did you have, was it the full year?

I hope you get some advice and get it sorted soon, it is a horrible situation to be in.

[Fizrim]

What does it say in your contract? It would be pretty unusual to have a no union clause, more likely to have a no-strike clause.

[windchimes23]

I returned from maternity leave in May and was diagnosed late Autumn. I was very unwell at the time and tried to commit suicide. They sent me a Christmas Party invite which seemed ironic considering there was no other correspondence. Despite OHs advice. But that's just an aside.

They also failed to offer me KIT days, and cut my salary by a third upon my return. By removing benefits (non contractual), and promoted a junior above me while I was on maternity without advising me of the vacancy.

Don't want to say too much really, I need RL legal advice as don't want to make a rash decision.

[windchimes23]

Thanks, the trip was just an example of their attitude. There have been recent things (in the past month since I returned) that are more pertinent and could be classed as bullying but I can't out myself.

I was told by HR that I could not join a union as it was not permitted by my contract? That's very interesting indeed. Having a quick Google has enlightened me

[Fizrim]

Anyone can join a union, doesn't matter whether the company is privately owned or not. They may not act for you on historical matters, though.

I agree with Libraries that it would be tricky to use something that happened a year ago as constructive dismissal. Presumably you took maternity leave afterwards, how long have you been back at work now? Were you diagnosed when you were still off on mat leave?

If you develop a maternity-related illness in the last four weeks of pregnancy, it does trigger maternity leave but you would have been outside this period (unless your MATB1 gave a different due date).

I think you should talk to someone about this, as I doubt it will be as straightforward as you think and five years off sick will not be attractive to other employers if you want to work in the future.

[LibrariesGaveUsPower]

If it comes via insurance it isn't about the handbook (unless that makes a free standing promise ). It is about the terms of the policy.

Lump sums are offered when insurance companies want you off their books. All from the same source.

[TheWildRumpyPumpus]

I've been on a similar disability scheme for getting on for 6 years now - 2/3rds salary.

I have to have regular checkups with my consultant and OH, I have no contact with HR or the company though.

I'd love for them to give me a lump sum pay off but they seem quite happy to keep paying, I presume the insurance payments come from elsewhere.

My disability is physical rather than mental, but the rules are the rules. If their employee handbook says they have to pay then they should.

[LibrariesGaveUsPower]

Good luck

[windchimes23]

Thanks for your response.

The disability claim is already being processed, that happened when I had nine months off sick. I've only been back at work a short while. I've seen GP, Psychatrist and an OH doctor.

I agree that I'd need a fair bit of evidence for CD. I've omitted a fair bit from this thread for fear of being identified.

I shall do as you say and seek proper advice. Thanks again

[LibrariesGaveUsPower]

I think you need proper advice.

It is very hard to use an event which is presumably over a year ago for constructive dismissal. And constructive dismissal is a brutal, messy claim that involves lots of jumping through hoops. That isn't to say you might not have a case, but you'd need to know what you were getting into.

As for the disability insurance, you'd need to look at that more too. The difficulties of staying on it long term have been explained. There is also normally a waiting period - often around six months - when you are simply on normal sick leave and before the insurance company assess you.

[windchimes23]

Babies are born, 1 and 3. I want out ASAP as I feel I've been penalised for having children.

My salary has been cut, my benefits removed and my job is now basically admin where before I was the technical lead.

I feel aggrieved, but perhaps I should just accept it. Should I take legal advice?

[LibrariesGaveUsPower]

I am sorry. You are going through such a hard time. I should have been gentler.

Right, what I would always say to a client is to think first what you want. Do you want to go back there? Work elsewhere? Not worry until after your baby is born and bigger?

Decide what you want and then see if you can make it happen.

[windchimes23]

Passive aggressive sorry I didn't mean to come across as that.

I was told by HR that I was to manage my own return to work.

I just wanted some support, like a meeting before to set up hours and a plan?

I'm not aggressive I swear, I'm in bits. I'm sad that no one at work is supporting me and I've ended up under huge pressure and full hours with no one who cares.

I want to work, I have worked for my whole life. Things just fell apart and they didn't even call or email me

The only contact HR made was to send me an invite to the Christmas Party.

I give up now. I'll get legal advice, I guess it's appropriate.