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Original poster

Sick leave - harassment & bullying continues at work

14 replies

ladynade · 25/06/2006 22:33

I took a grievance out against my employer for bullying and harassment whilst I was pregnant and had a very stressful pregnancy and maternity leave fighting the case and tending to my new baby. It put a great strain on my life. Even though the outcome was positive I am now back at work and he is still there and nothing has changed. I just want to go off sick with the stress of it all but have to do my obligatory 3 months as I had the employers enhanced maternity leave package. If I don't do the 3 months I think I have to pay it all back . I am just tired of it all-and its uncomfortable -I don't have the fight for another grievance I just want to go off sick. Does anyone know if I really have to pay back the company's enhanced maternity package or will I be protected with the statutory sick pay? I just don't know - I hope someone can help

OP posts:
amber5 · 25/06/2006 22:37

sorry i'm not any help really just wanted to sympathise. going back to work is crap enough without all that rubbish to confront. do you have any annual leave time to use?? at least if you spread this out it could make it less 'full-on'?

mears · 25/06/2006 22:42

You could go off sick. You will not have to repay as technically you are still employed. Have you contacted HR and/or a union rep to inform them you are still having problems? I know you say you haven't the energy for another grievance but it would be worth it in the end. I would certainly do that and get him removed.

BadHair · 25/06/2006 23:10

Yes, you can go off sick. I once did maternity cover for someone who did just that, although under very different circumstances to yours. She didn't really want to come back but had to to avoid repaying her maternity allowance. She came back for one day, and I was demoted back to my old job, then she found a sympathetic GP and went off sick for three months, during which time I was promoted back again. Then she left. And I got offered the job.

Like I said, very different circumstances, but it can be done.

ChicPea · 25/06/2006 23:14

Do you have witnesses to the bullying? What was the outcome of the grievance? Is your superior the owner of the business or just senior to you? You can go on sick leave if your dr will sign you off and you even acrue holiday leave during this time!!!!!!

Original poster
ladynade · 26/06/2006 07:59

What wonderful messages from you all. Thank you. The HR department cannot be trusted and so I couldn't turn to them for any support or advice. There are witnesses but people are fearful, outcome was a negotiated figure so it just hushed up the problem really. Am not allowed to talk about it. So it's true what you all seem to be saying is that they still have to pay me even though I'd be off sick and that and that time could be counted as my obligatory 3 months. I'm going to talk to my GP and see if he can sign me off. Too helpful. Thank you again

OP posts:
missseagull · 26/06/2006 10:25

I read a lot of these and I just wanted to say (as someone who works in HR when not on maternity leave) how devastated I am that people think their HR depts can't be trusted. I would hate to think that something was happening where I worked and any employee would not approach me because they thought they couldnot be trusted. I always go out of my way to help people through this sort of thing whatever the final outcome...so just wanted to add that there might be someone there that can be trusted. If this is still happening try and find someone you can talk to at work to resolve it, I don't know the details of your previous problems and I know it's hard, but if you make a real stand it may stop anything happening in the future.

clerkKent · 26/06/2006 13:32

Like misseagull, I work in HR and would hope that HR could be trusted. Bullying can ruin your life and I have every sympathy with you, ladynade, if you do not want to go back.

Whether or not you have to pay back enhanced maternity pay will be detailed in your contract - there is no law about it. In practical terms, it would be very difficult for your employer to get any money back from you, particularly with the grievance on record (they would suffer reputation loss).

A forward-thinking practical HR Manager would (a) be approachable, (b) agree that you could keep the money and not come back if you told him a doctor will sign you off. Then the employer can fill the vacancy more quickly and you get what you want.

However a nasty HR manager would send you to a company doctor, insist you come back to work, and threaten you with legal action if you did not.

Original poster
ladynade · 10/08/2006 08:53

Hello again, well GP signed me off giving me a breather from work. HR sent me a letter to be referred to Occupational Therapist and the next step for them will be to get me out of the company on capability (since I've had so much sick - which doesn't look good for my next employer if they want to check my record). What should I say to any potential employer about the sick record? Wish I could warn others to this employer. Would really love to name and shame them. Still harbouring bad feelings towards them as all mgt do there is protect each other. Have an interview today so wish me luck!

OP posts:
morningpaper · 10/08/2006 09:02

Good luck today ladynade xxx

Angela2005 · 19/08/2006 22:51

I know some great people work in HR - motivated by a desire to help people etc. But this does depend on the company/the individuals concerned. In my compony they have been redesignated as "HR/Management Support"!! And indeed they have generally been very supportive to managers in any dispute with the "underlings"!

Angela2005 · 19/08/2006 22:58

Anyway, as to what you say to future employers:
Firstly, only about half of all employers will ask, I think - so you may just find one that doesn't if you make enough applications!
Secondly, if they ask how many occassions off in last year or whatever, you won't look too bad because for the whole of Mat Leave, you were accruing non-sick months!!
Thirdly, tell them you were bullied and intimidated by a particular manager "although always seeming able to get on with others apart from this one inidividual" (if that's true!)so were off with stress. This does still look worse than a clean record, of course, but if those interviewing are totally unsympathetic then you probably don't want to work with them!

Why not see if you can find a local journalist who will take the story so you can warn others/shame them? Maybe not till you've got a new job though, I don't know!

Angela2005 · 19/08/2006 22:59

Where I live there is a Women's Resource Centre which gives advice to women with typical problems like bad sick records. Try a web-search for one near you. Or CAT me - I don't want to say where I live, whilst I'm saying negative things about work!!

Original poster
ladynade · 24/08/2006 10:54

Thanks Angela2005 - I have one near me too so I will be in touch with them. I will "out" this company as soon as I am out of there! I will take great delight....I have many things planned!!!

OP posts:
Angela2005 · 28/08/2006 23:14

Tee hee,go for it!!

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