Time of with stress now put on performance management help

[GeraldineHooper]

Hi Everyone

I have recently returned to work (a big UK government organisation) after taking 6 weeks off with stress, caused by a combination of work load / lack of management support / bullying from senior management.

I started back last week however I have still not had a return to work interview, this is due to take place next week, I wanted to discuss phased return / reasons for stress and a plan of action to prevent this happening again however my manager has not addressed any of my concerns and told me that they are not relevant / have been dealt with and I'm to return to full duties with immediate effect.

Upon me saying that I am not happy with the resolution of the above I have now been called to say I have been put on Performance / Capability review and told that I clearly can't do my own job due to the my issues on workload and stress. I have raised the issue with HR who are also dismissive and have pointed me back to my line manager to resolve.

Is this legal? Can I be put on Capability before I have even had a Risk Assessment? I only have 16 months service so I know I have less employment rights but I want to know where I stand and what I can do, this is causing me further mental health problems.

I am in a long line of predecessors who have been bullied out / left due to stress but all have gone quietly as they do not want to be seen to cause a fuss.

My knowledge of employment law is shoddy, but I'm pretty sure they only have to accommodate your needs as far as they can without it becoming a strain on the business. I would imagine you taking on less responsibility would mean either they'd have to hire someone else to pick up the slack, put more work on someone else, or get less done, all of which would put strain on a business.

Are you part of a union? Have you spoken to them?

If i were you I'd look for a different job. This company have lost multiple people in your position to stress/bullying, which proves that they don't care about fixing those issues. You'll be better off elsewhere.

Before 2 years you have few rights, unless you would argue discrimination based on sex, age etc. Or disability, which includes some MH conditions.

Thanks for your reply.

It's not really less work that I am asking for, it is more than I receive no support on workload priority and there is no process from my manager to help, the process being defined / created is what I asked for on my return.

I have also been bullied by a colleague and told that I need to see a counsellor to help myself deal with it

I agree that I need to leave and i am trying to find something however at the moment there isn't many jobs around so I'm trying to cling on to something to pay the bills :(

Can you request an occupational health assessment through HR? If you've been off that long it should be offered. Also a phased return to work will usually only be agreed with if it's backed up by OH or a GP note.

Okay, having been through similar, here is my advice.

Submit a formal grievance to HR. if you have already done so and it wasn't handled properly, then submit an appeal. If it was ignored, then push for it to be considered otherwise you will be seeking further advice.

You don't need to say what kind of advice just yet but you MUST get some advice. This can be from a union (join one if you haven't), ACAS or from free websites such as formalgrievance which I used.

Can you not go back to your doctor and get signed off for longer? Big govt organisations usually give 6 months full pay? This will enable you to have more time to write and submit your grievance, get advice and recover, and apply for other jobs too.

Ask to be referred to Occupational Health ASAP.

So I have a OH appointment but its not for 3 weeks as they are so busy, apparently I was meant to be referred within 5 days of my sickness leave but no one did.

Should I be returning to full duties with the same issues for the next 3 weeks?

In terms of sick pay, I have exhausted most of it as I have only been here for 16 months

If you've only been there 16 months then you are in trouble.

You don't have employment rights until you've been there 2 years and it does sound as though they are gearing up to dismiss you for absence / performance issues.

If you are dismissed before 2 years then the only thing you could claim for in court would be discrimination, not unfair dismissal.

Hence why you need to protect yourself.

Join a union. Submit a grievance and state "bullying and disability discrimination" in that grievance. Get signed off so you have medical evidence. Get yourself onto anti depressants even if you don't take them - it will help your case long term. Again I speak from experience.

It is unfair to mark you as under performing for disability related matters and stress and anxiety can come under the definition of disability.

Think of everything else that could come under disability and impact your performance - asthma, allergies, dyslexia, stress, athritis, cancer, hearing problems etc - all come under disability. They can all impact your performance without you knowing it until someone points it out.

If the boss is a male, could it be gender related discrimination?

Don't be afraid to push discrimination heavily. People could come on and slate me for making this suggestion but a lot of things people don't see as discrimination actually are.

HR bod here. In this situation I'd advise a manager to park the performance management, do a stress risk assessment/plan and then pick up.the performance management after the plan had been attempted.

If you still had performance issues, then this would be progressed but in the knowledge that the stress had been identified and a plan put in place.

Its incredibly common for the two to get confounded. It is stressful to be underperforming, and an otherwise ok performance can be impeded by stress.

You have grounds for a grievance if the stress has not been addressed and/or appeal any PM warnings that may he issued on that basis.

Good luck

On the disability issue, just having stress is not necessarily a disability. It would need to be part of a long term medical condition such as anxiety. Sounds like this is a relatively short term medical issue? So beware going down the disability route unless you are sure your medical condition fulfils the criteria.

Sorry you are in this position OP, and I hope you use all the good advice here, but speaking from my own experience I'm afraid most employers are just not interested in bullying and the further down the ladder you are the less support you get.

Colleagues will be selectively deaf and blind if you ask for their formal support, however much they may sympathise privately. You wil have 'misunderstood' the situation or just be told that 'obviously' this isn't the right sort of job for you!

Bosses further up the ladder obviously don't want to change anything or you wouldn't be the latest in a long line of people who've left because of stress.

I'm going to be blunt and say that the only way you're likely to improve things is by leaving - and when you're asked for references at your next job make sure the new employers know that present employer may not give you a glowing reference which is why you prefer not to use them .