Phsychiatric injury, no responsibility

[saturdaymornin]

Hey fellow netters

After any help I can get please, as I'm in a pretty bad way. Be that legal or emotional support - I'm open to either.

Will bullet facts for ease as there's a lot of detail, so will do my best to summarise without missing anything crucial:

*History of depression and anorexia but in a good place at time of interview in summer 2017. Signed a starter form confirming I was NOT disabled and didn't need any adjustments (true at that point), but did say in my interview about my history because it would show up on sickness record at last job (was actually due to infected hip replacement which then led on to the rest). So they were aware, from the outset, I had previous mental issues, albeit they were well managed at the time.

*Started in June. On my own in a newly created role for one department - fine. Made a mistake a few weeks in, went and told manager as soon as I'd realised, apologised and fixed it. Got rollicking from hell following day from Ops Director saying it was unacceptable, they'd cover for me once but not again, want all record of the breach/complaint deleted. Devastated - sobbed - felt I couldn't make another mistake else I'd lose my job. (I'd sent a letter to the wrong person - stupid mistake, shouldn't have happened, accepted it was a silly thing to do and felt like an idiot, but I tried to do the right thing by logging it all properly and resolving the complaint). Felt deleting all records was fraud which unnerved me so said I wouldn't be doing that as it wasn't right. They accepted. We moved on but I felt uncomfortable.

*Excel in my position, get asked to take on another department. No change in title or JD and no extra staff as not really necessary.

*Get asked if I'll take on a new business area at end of Nov as they'd bought a Consumer Credit business (I was tasked to set up and run Complaints department). Would need to attend a course to understand the subject, employ 1 direct report (I eventually got them to agree to 2 which still wasn't enough for volume). Told me business would be live from 1 Feb so I had Dec to find staff in time to start for go live and Jan to train, learn and prep. One started Jan, the other couldn't start til Feb.

*Due to workload, gave up doing my degree due to hours I was working.

*End Dec I was feeling the pressure, started losing weight and feeling really down. Was getting a lot of resistance to change in process that fit all business areas, as they all wanted their complaints dealt with immediately/phoned back same day and it just wasn't feasible.

*beginning Jan spoke to line manager. Was told she'd refer me to Oc Health but they didn't have one. Noticed I'd lost lot of weight and was struggling. Went to dr to be prescribed Sertraline.

*Texts from manager say "we know we've thrown you in with no support, you're doing fantastically, you're an easy target for a kicking so that's why they're giving you grief, I'll support you more and help you with a plan". Also have texts relating to Drs appointment and the fact I was off 2 days with side effects.

*Booked meeting in to discuss department plan. She cancelled 6 times so it never went ahead.

*Work volumes became much higher than anticipated and we were all drowning, but I took the pressure (as any manager should) so my team were fine. Told I wasn't able to employ anyone else as no budget, which is also why I couldn't have a pay rise to reflect change in my responsibilities. Also told I wasn't allowed a suitable system and had to work off excel, which I said was dangerous and far too prone to errors and not auditable. 1-3 complaints a day in excel is ok, although still not ideal, but not 20-30. Nobody listened.

*Got more and more stressed, manager knew, left me to struggle. Also wouldn't permit me to authorise compensation payments of any amount (as Complaints department manager) so I had all the pressure but no autonomy. Even complaint handlers should have a mandate to some degree.

*Situation worsened. Manager then started berating me in front of the team, slating my character in 1-2-1 meetings (only for last 4 weeks of employment). Eventually had a mental breakdown, went off sick, was referred to occupational health that they supposedly didn't have and confirmed it was work related stress. Was in such a bad way/suicidal thoughts, I decided to quit.

*Detailed in resignation all reasons why and provided a timeline, confirming I had a multitude of evidence to support my claims. They asked me to meet with them on a Fri afternoon, and on Monday morning offered me settlement to get rid of me: 2x month salary and £500 for therapy (even though told I'd need 6-12 months weekly CBT). Insulting.

*Didn't really want their money (although therapy they should pay imo). But no investigation into any of it - just fobbed off, that's what did me in. Got info from a solicitor and established they'd breached duty of care under equality act by making no reasonable adjustments (support) despite being aware and actions/inaction led to psychiatric injury: mental breakdown, weight loss of 1.5 stone in 6 weeks, prescription of antidepressants (had been off them for some time), beta blockers and required emergency CBT (which I'm having to pay for myself, despite having no income).

*They eventually said they'd run a grievance process. Due to my state, husband been the one engaging with them (they also contacted me when it was agreed they wouldn't because I was so unwell, they would go to DH), said I wasn't in any fit state to be interviewed and didn't see point in it but ok, but I would answer any questions they had, provide any evidence mentioned to support my claims and speak to investigating manager on phone if need be. Didn't take me up on any of it.

*Grievance outcome came through yesterday - just shy of 3 months after I went off sick (which was 2 weeks before I quit). NOT UPHELD. Lied throughout. Denied everything, despite me having evidence they've just never asked for. It was dreadfully structured, grammatically and factually inaccurate and clearly, has just been a waste of time.

*Registered with ACAS Monday (forewarned them we would if no response, and reminded the week before. No response...) to stop the clock.

Not sure I have the energy for tribunal. I've spent the past 3 months of my life a complete nervous wreck, convinced my life is a pointless exercise and it must be me who is in the wrong, no confidence, sobbing most days, several nightmares every night. I've lost close friends (one of the people I employed was a best friend for several years, now not speaking to me). They've slagged me off so much openly that, when a friend of one of them interviewed for a job, she knew their side and actually thought it would go in her favour to slate me (she'd known me in a previous job). I was then told about it. WTF!

Thank you for reading. That's as summarised as I could make it and still misses some bits. I need to stop now though as I'm getting upset again (standard).

I just want them to change their ways and stop thinking it's ok to treat people like filth and just pay them off if it gets them gone. Why should it be that simple for them when I now have months, maybe years of recovery ahead?

Do I go through ACAS, do I try and push through to tribunal? I'd rather not, purely because I'm not sure how I'd cope. However, even if I got nothing (which is fine), it would be published. Or do I just call it a day? The latter could be better for my mental health short term, but long term I think I'll be resentful that they've just got away with it.

Please, if anyone can suggest something or give me their view, on what they'd do or what may ensue should I progress this, I'd be really grateful.

I hope you all have wonderful weekends and thanks again for reading my ramblings.

Much love and happiness xx

What is it you want exactly?

I think you should take the offer. The stress of tribunal is awful.

Why did you not disclose on starter form?

@SingitJane Justice. Appreciate that's a bit of a useless comment. I guess I want them to accept they've caused this and change their ways, and apologise. Doesn't change it but would make me feel better than them getting away with it. If they don't say "yes, we got it wrong, sorry, here's your money for therapy for a year" I think they need telling by someone else they've messed up. It's like they think they've done nothing wrong.
I guess that's quite typical though - pathetic minion employee causing hassle - what's it gonna take to make you go away?

What do you think needed to have happened at the time? Because it sounds like you just couldn't manage the stress of job which is neither their fault or yours.

@ohdearnotmyproblem I just ticked a box saying not disabled because I didn't consider I was when I started, because I was quite well. But they were on notice that I was struggling from January to April and did nothing so regardless, I don't 'need' to be considered as having a disability at the commencement of my employment I don't think, for them to be in breach of the Equality Act. Their duty of care started once they were on notice in January and had 3 months to help but didn't. I asked them for support but didn't get it.

I'm so sorry. I have been treated like crap by an employer for having mental health issues too

But you didn't declare MH difficulties and just couldn't do the jobs you accepted. You could have said no.

There's having MH difficulties and there's having MH difficulties to the level of them being a disability. Did you tell them that you were at the second level?

@SingitJane I only couldn't manage the stress of the job because the stress imposed was unreasonable. It is their fault because they put unreasonable pressure, had unrealistic demands and expectations that were impossible to meet, which I told them several times. Stress of the job is slightly different to this. I have always coped fine with job stress. They acknowledged they hadn't given me any support in going from a singleton looking after complaints in one department, to running my own complaints department, looking after 3 business areas and then hiring and managing staff, asking me to take on a forth, within the space of 2 months, but refusing to consider there went enough people.
All I asked was for their help and guidance, but didn't get it. It was promised but never happened. I don't think asking for the necessary resources to be able to do the job is unreasonable either, but I couldn't even have a system.

But you could have said no. Plus, at the point you were appointed, you hadn't disclosed your previous MH difficulties so they were not on notice that you might have found it difficult.

Anyway, the stress of tribunal is awful, and they appear, to me, to have made a reasonable offer so I would probably take that, as long as I was sure of a good reference too.

How do you quantify reasonable or unreasonable stress though? You worked somewhere for about 9 months? And it was only after 6 months you became unwell, they gave you 2 months salary and an extra £500.

I wouldn't keep putting yourself through stress pursuing anything else tbh.

@SingitJane @ohdearnotmyproblem
Thank you. It's hard to hear your thoughts in the sense I just wasn't capable, rather than employer being at fault, especially when I guess there's a lot more to it thank I can pop on a forum. But nevertheless, I do appreciate you taking the time to provide your thoughts. I'm always going to be biased towards my view, but it's helpful to see the other side so thank you for your views. Have a lovely weekend in the sun x

@Broken11Girl oh no, I'm so sorry to hear you're suffering too. It hurts doesn't it? I have to conclude there are genuine people in this world and also those that aren't. Unfortunately, we have no option but to come into contact with the latter so all we can try to do, instead of being impacted by their actions or try to change them, is learn to identify which category they fall in to and learn how we can best deal with them. They won't change, but why should we?
I think I'm just going to try and move on, being more aware of these types of people and when I come into contact with them, put my wall of resilience up and steer clear as much as possible.
Keep your chin up. You're a beautiful person inside and out. X

saturday I would consider having a meeting with them.

Suggest to them you would like it to be a "Protected Conversation" (which means it wouldn't be taken into account at Tribunal) you've considered their offer but you believe everything you've been put through needs to be compensated in a more meaningful way.

You would be willing to conclude the matter amicably if they will settle on the basis of 5 months' pay exGratia*, a factual reference and the £500 to continue your CBT. State that your proposal needs to be drafted up by them on their letterhead and for them to fund your solicitors fees so you can have the settlement agreement checked over - 200-£400 on average

They've already shown their hand, quickly strike while the iron is hot and they'll likely bite your hand off to be rid of the situation. 5 months tax free gives you plenty of padding to reconfigure your life and find s new job.

• Ex-gratis means it will be tax free, as it's a "gesture of goodwill" outside your employment contract and therefore doesn't attract income tax.