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Original poster

Psoriasis Gate Cont. Notice Period & Grievance

53 replies

PeachQueen · 09/05/2019 09:01

I posted a thread in March re my workplace and how I came back off holiday & my manager called me to a room and advised that 2 colleagues had complained about my skin condition (Psoriasis) & I was asked to move desk due to 'flakes' getting in their bags & clothes.

Anyway long story short I have been moved desks to the end of the row and I am now totally isolated from the team, nobody talks to me and the two that complained dont utter a word.

I have been ill constantly since the conversation and as with the nature of Psoriasis it has flare up due to all the stress. I no longer want to be here as its a horrid situation.

So in my review last week my manager mentioned I hadnt been myself and not so happy and what was up [shocked] I explained re the above and that I am finding it difficult/isolated and wanted something said/done - his solution was to tell me I can work from home permanently.

So I have decided to leave, spoke to my manager and asked what the notice period was due to all of the above and he is going to speak to HR this morning and see if I can finish next Thursday.

So my question being is - will I still get paid for the 4 weeks or not? My DH says they are legally bound to pay me the 4 weeks & if they don't then to raise a grievance.....?!

Any ideas?

OP posts:
BabyDueDecember2019 · 09/05/2019 17:38

OP I haven't seen your previous thread but that sounds a horrid and lonely environment.

Thanks
IRememberSoIDo · 09/05/2019 17:43

Op this is constructive dismissal. Seek independent advice. I'm not in UK so not sure what bodies to check with but do not check with internal HR. I am in HR and am shocked if they are allowing this to happen and if they are you certainly need to seek alternative advice. Unfortunately whilst HR is there as a support ultimately in these situations their job ends up being to defend and try to tidy up poor management decisions if things go wrong. Go sick, seek advice and raise a grievance. Document your timeline with dates and times. You are being bullied out on the grounds of a medical condition. This is extremely serious and wrong.

dontdoxmeeither · 09/05/2019 20:41

How bloody awful!

Totally agree with not resigning and being signed off sick while you contact ACAS for advice.

Bastards

wigglypiggly · 09/05/2019 20:52

The other 2 are horrid, boss sounds weak. Raise a grievance and.ask.for constructive dismissal advice
.how long.have you worked there.

Original poster
PeachQueen · 10/05/2019 16:10

A little update for you all.

Sent an email raising a grievance, asked for a meeting to head of HR & MD.

Immediately called into a meeting and asked what I wanted to do. I explained that as I felt that nothing would be done about the two women/manager the only option I was being left with was to move on.

They explained that I couldn't not give 4 weeks notice. That I had to do that. So I said well I shall seek advice from an employment law solicitor & left.

About an hour later I received and email stating I could finish immediately on gardening leave with pay fir two months as a compromise agreement.

Have said I'll think about it over weekend Smile

OP posts:
hopeishere · 10/05/2019 16:22

Good for you. They've deal with this appallingly.

playchicken · 10/05/2019 17:08

Fucking wankers, I'm so sorry OP.

If they're already offering money they realise how in the wrong they are.

thelastgoldeneagle · 10/05/2019 17:21

Your company has behaved so badly. Your co-workers are witches, your boss pathetic and ineffective, and HR probably shitting it in case you raise a case for constructive dismissal.

Best of luck.

MrsWobble3 · 10/05/2019 17:25

I’d consult a solicitor if I were you - hopefully you’ll get more than two months money. And if they want you to sign a compromise agreement they need to pay for you to get legal advice. The fact that they offered so quickly suggests they know they have no case.

OliviaBenson · 10/05/2019 17:33

Get advice before signing anything, you need to also get a reference agreed as part of it.

I'd be pushing them on it further..... but get advice before doing anything!

MzHz · 10/05/2019 17:40

Lawyer up FAST!!

This is constructive dismissal and disability discrimination, if you factor in the effects it’s had on your mental health you’re looking at a very much larger settlement

Don’t do anything without legal advice, the very best you can afford.

Confuzzlediddled · 10/05/2019 17:42

Firstly you've been treated horrendously, but I'd be very concerned if they've used the wording compromise agreement as they no longer exist, and haven't done for several years. The term is settlement agreement and the company need to pay for you to get independent legal advice before signing it.

Original poster
PeachQueen · 10/05/2019 17:44

Thanks all.

I've not signed or agreed to anything. I've said I'll think over weekend but seeing a solicitor Monday.

OP posts:
Schoolques · 10/05/2019 17:46

Is anyone OP, absolutely anyone, being supportive of you at work?

playchicken · 10/05/2019 19:19

OP, I've (very recently) been through the process of successfully getting a settlement payout and agreed reference and if I can offer any practical advice to help you through the process I will.

Mine was a discrimination case and it was appalling, felt so personal and nasty and I think it's really affected how I trust people so please don't underestimate the emotional cost this may take on you and PM me any time for support or a chat.

I know how awful it was for me when it got personal but I think what's been done to you is beyond personal and into the realms of just....evil. I'm sorry.

playchicken · 10/05/2019 19:23

Also, re: solicitor through house insurance..I went this route but it did take time. I had to wait for the insurance company to refer me to solicitor (which took a week) then wait for insurance company to assess whether my claim was likely to succeed (think this was scheduled to take 7-10 days but in the event my settlement was agreed before my claim was assessed).

So if this is an option that is open to you I really do second the option of going off sick to gather your resources and take time for the legal side to be worked through.

Also gather all evidence you have - anything in writing regarding these colleagues (fucking bullshit) complaints and you being directed to move.

daisychain01 · 11/05/2019 07:21

Just be mindful OP that if you mention constructive dismissal, you are effectively saying your contract of employment no longer exists, so be aware this may not be in your best interests to do it that way.

Visit your GP and get signed off then provide that Fit Note in scanned or hard copy to your employer. A month is very reasonable but work with your GP on this. The main thing is to cover yourself while you explore options.

They've already tried to get rid of you with 2 months, that shows you they're 'in the market' to pay you off. This is the starting point for you to discuss with a solicitor about what is a fair and reasonable settlement agreement, including neutral reference (standard nowadays) and ensure the agreement is written as an ex-gratis, so you get the full amount free of any deductions (up to payment of £30K). Plus make sure your employer pays the solicitors fee to review the settlement agreement,

I'd talk to your solicitor in terms of trying to maximise the opportunity for a decent payoff. Don't go down the rabbit-hole of Tribunal, far better to capitalise on your employer's willingness for a settlement, less stressful and you get to sever the relationship quickly and move onwards.

TheBuggerlugs · 14/05/2019 22:18

This reply has been withdrawn

This post has been withdrawn due to privacy concerns.

catontherun · 14/05/2019 22:31

OP.

If you want others to benefit long term from your actions throughout this process and for the individuals who have caused this situation to be so unpleasant to be taken to task for their actions, then you need to push for maximum financial pay out from your employers.

Nothing, and I repeat, NOTHING, focuses an employer's mind like a compensation pay out that wouldn't have been necessary if the situation giving rise to it had been handled correctly and with sensitivity in the first instance. Any individual who played a part in the pay out being necessary will be thereafter known to be a liability rather than an asset. In this case that is the immature intolerant discriminatory mean girl type workmates and the manager who totally failed to manager the staff/ situation.

Honestly, hitting them in the finances is the only way employers truly take notice and make changes to prevent a recurrence.

Best wishes from a fellow flaker.

Crazycrazylady · 14/05/2019 22:49

Op
I'm sorry this has happened to you. I think your company has handled this very poorly .
Having said that I don't think your colleagues were unreasonable not to want someone else's skin flakes on them but there were much much better ways of handling this than the isolation treatment you got.
Hoping you find a compromise you can be happy with

accendo · 16/05/2019 01:32

@PeachQueen how is everything going?

WellThisIsShit · 16/05/2019 01:51

Good advice on here, well done for not letting them force you into resigning.

Flowers
SnowsInWater · 16/05/2019 02:21

I read your other thread too, it's disgusting how you have been treated.

I was going to say it looks like Constructive Dismissal to me too but see others have already advised. Hope you manage to get an outcome that works for you xx

QueenEnid · 16/05/2019 12:46

OP I'm not sure if you've spoken to your employer since your last update but raise this as an issue with acas and get your company to follow the grievance procedure properly and exhaust it.

They're offering you a compromise agreement because they want to protect the company's reputation. Not your interests. Payments are always negotiable. Negotiate it up xx

CarolinaChina · 20/05/2019 22:08

How awful for you!

There’s so much good advice on this thread - PLEASE take it.

PLEASE don’t send any more emails to them about this or have any formal discussions on what you are/aren’t going to do. Instead, get yourself down to the GP and explain what you’re going through and how it’s making you feel - this may result in you, quite rightly, being signed off sick. Also get on to ACAS and, like another PP had advised, check your home contents insurance for legal cover.

Let the bastards have what’s coming to them!