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Do I have a Case to sue work for stress?

9 replies

Mrswhiskerson · 02/04/2011 14:49

When I came off maternity leave I was given a new job as part of redeployment.
I had no qualifications for this job at all and I wasn't told what wthe job would entail , I took it because I had no choice I needed a job but I was looking forward to a challenge .
My employers knew I had no experience or qualifications but promised me training which in the six weeks I was there never materialised.
I got to work one morning and got a right blasting for all the mistakes I had made , I was told I had been there long enough I should have learnt more. I had been there six weeks and I only work three day weeks so it's more lime two and a half weeks experience.
I have been signed off with anxiety and stress and I feel like I can't face anyone at work and have been treatedterribly especially since coming off maternity .
I was sufferin mild depression before I went back but the incidents at work have made it much worse and I am thinking of taking legal action.
Does anyone know if I have a case?
Sorry for any typos I am using my phone .

OP posts:
Earlybird · 02/04/2011 14:57

How long have you worked for the company?

Have you spoken to HR about this current situation? What do they advise?

Prior to ML, what was work like for you?

Do you think they are trying to get rid of you?

hermioneweasley · 02/04/2011 15:58

Sorry you're suffering and I hope you feel better soon. it's unlikely you would be able to make a personal injury claim based on this - an injury has to be 'reasonably forseeable', and they would argue that it isn't reasonably forseeable that you would have this reaction. If you return without any training or support having had this reaction once, then it would be reasonably forseeable that it would cause you harm.

flowery · 02/04/2011 16:00

How long have you been off work?

Does your doctor confirm it is completely/partly work-related?

What would be the basis for your legal action - is there little/no prospect of returning to work?

Do you feel they are trying to get rid of you?

Do you have more examples of being treated 'terribly' other than training not materialising in a 6 week period and the 'right blasting' you mention?

Sorry for all the questions!

Mrswhiskerson · 02/04/2011 18:13

I have worked for the company for two years I had been back for six weeks before I got signed off with axiety and stress the doctor has given me a sicknote anti depressants and is booking me in for counselling (there are issue from some very bad experiances in childhood that I need to deal with)

I feel I have lost all of my confidence and really can't face going back there . Examlpes of being treat badly is one when I was offered the job I got no formal offer and was told basically to show up , my first day back and when I got there no one knew I was meant to be starting.
The payroll department had me down as still being on maternity leave and in my old position which meant my wages got messed up they over payed me and now Im having to pay back a
couple of hundred pounds back .
I was not told there would be a finacially aspect to the job as I would have said I am no good at counting large amounts of money and terrible at maths , someone came in and showed me a few basic things but after that I had no training and was left to get on with things I didn't even have computer acceess for three weeks and so couldn't do my job properly . I was meant to have money training and the man didn't show up .
Onmy last day I came in and got told off for pretty much every mistake I had MAde , I said I had never done this job before and had not had training she said I had been there six weeks and said she felt dissapointed.
I really thought I was doing well especially since I had never ever done anything like this before but she made me feel like I would never be able to learn the job and said she neede someone who could come in and do the job straight away , I said I had not asked to lose my old job and was doing the best I could it's a very fast paced job with a lot of paperwork and I only had three days to get through it .
I even got told off for writing have a good week in the staff communication book , I was told it was completely unproffesional , I just thought it was good manners .

OP posts:
Grevling · 02/04/2011 19:33

Afraid nothing from what you've wrote anobe tells me you'd have a good case. Have you gone to the management and expressed your concerns? You really must do that before legal action.

Constructive dismissal looks at the worker being unable to continue in their role - which usually involves some pretty serious issues between them and the employer and I don't see it in this case.

Missingfriendsandsad · 02/04/2011 19:35

Are you working for the University of Warwick?

Happygomummy · 02/04/2011 19:36

How long was your maternity leave? If less that 6 months they have to give you same job back.

hairylights · 02/04/2011 20:02

They have to give hour old job back if it exists. You say you were redeployed so seems there was a redundancy situation? What steps have you taken to try to resolve things with your employers? That would be the first step.

flowery · 02/04/2011 20:24

I don't really think you've got a lot to go on if you want to sue anyone tbh. Yes it sounds as though your return to work wasn't handled brilliantly, if you didn't receive a written confirmation of your new post and the relevant people weren't informed prior to your arrival, but those are really minor and presumably were sorted out. Again, payroll getting your wages wrong is irritating but has now been sorted out and although annoying, was presumably an error not bad treatment.

Similarly, training was organised but the trainer didn't show up. Have you asked them to rearrange? Given it's only been 6 weeks and you are not working many hours a week, I don't think it's outrageous that it hasn't been yet. Irritating, yes, grounds to sue them, no.

It sounds as though you have a pre-existing condition and that is making these incidents seem much worse than they are, and meaning because of some relatively minor stuff, you are now too stressed to come into work.

You still don't say how long you've been off sick for, and I would ask along with everyone else, what steps have you taken to try and resolve these issues with your employer?

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