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Complex work situation: how to approach and what are my rights

17 replies

PonderThus · 05/02/2025 09:56

I am currently signed off work but returning shortly. My child has become seriously unwell and my work had become very toxic. The combination of the two resulted in me having a significant panic attack publicly and my GP said I am not fit for work as suffering from extreme stress. I also have an underlying health condition which means I may be more at risk.

Whilst off my work has made no attempt to contact or update me on what has been happening, despite my sharing my personal contact details and suggesting I would like to be kept informed.

The dynamic before I was signed off was very toxic. A junior member of the team had been trying to undermine me and prove they should have my job and multiple complaints had also been directed at my boss as they are a bully and unsupportive.

I have been off for one month and plan to return shortly on phased return. My GP suggested being signed off longer but I want to have something to focus on beyond the caring responsibilities and dealing with my mental health issues. I have a good reputation and a good attendance record.

I found out today they made the junior member of staff head of team whilst I am away. This is not the norm when people are off for a month or so, based on what the department have done when others have been off sick. They did not inform me of this, I found out from a colleague.

I am finding this very anxiety inducing and returning to work with the toxicity and lack of support from my manager and team is not something that I will be able to navigate and stay well.

My thoughts on how to approach this to ensure the best outcomes are as follows: meet with head of department (not my LM) to let them know I have struggled with the dynamic within the team and will need support and clear communications as part of my return. Ask how the reinstatement of me as head of the team will be organised and how the junior member of staff will be informed and provide me with a handover. Confirm my GP is recommending a phased 3 day week for the next month. Confirm I will organise any appointments for me and my child on the days I am off but will need some flexibility where not possible. Share the incidents that happened before I was off such as my LM saying this junior member of staff is better than me, telling me that I will be made redundant but would probably cost too much so would just move me…..

Does this sound like a good plan and does anyone have any advice on my rights in terms of having a disability, now becoming a carer and my ongoing mental health support needs. I basically want to be informed and ready should they try to make me feel so uncomfortable that I leave etc.

OP posts:
endofthelinefinally · 05/02/2025 09:59

I hope you are in a union. You need to get in touch with your rep asap. I am sorry, your situation sounds awful.

theduchessofspork · 05/02/2025 10:01

I would join a union if you don’t belong to one, and get their advice.

It doesn’t sound like the job is going to work for you long term, as long as the team remains like this - and they aren’t going to dismantle it for you. So you might want to come back but I would look to be moved or look for something else.

PonderThus · 05/02/2025 10:06

Thank you, yes I am in a union. My only concern is that the Union reps are known to gossip and not keep things confidential.

OP posts:
theduchessofspork · 05/02/2025 10:08

Then I would ring the union HQ explain you aren’t comfortable with your work reps and ask to speak to an advisor. I think you do need advice before you have this meeting

PonderThus · 05/02/2025 10:13

Thank you, that is a good idea. I will call HQ

OP posts:
OneLilacGuide · 05/02/2025 10:21

The practice anywhere I have been is that managers aren’t to contact staff while they are off, it should go through HR. I definitely wouldn’t be contacting anyone to let them know about work movements when signed off with stress.

It doesn’t sound like a nice environment at all and not one that would be supportive to you in the long run while looking after a sick child. Can you use up the rest of your sick leave and look for a new job while off, or if needed go back to work and just coast until you find something else?

JoyousPinkPeer · 05/02/2025 10:22

Your employer should not be contacting you about work whilst you are signed off sick. That could be viewed as harassment.
They choose who gets you up to date with what you need to know on your return, which will likely be your line manager - as one would expect, as its their job. You can't just pick and choose.

Conxis · 05/02/2025 10:56

Your employer should not be contacting you about work whilst you are signed off sick. That could be viewed as harassment.

This^
Managers should not be updating people on workplace news while signed off sick. This is absolutely not allowed in most workplaces, even if the person requests it so your employer has done nothing wrong in this regard.
However I'd definitely be getting union advice in advance of any meetings about your return as it sounds like they're trying to push you out

PonderThus · 05/02/2025 11:05

Thanks for clarifying- they have previously kept in touch with others so was basing it on that. Good to understand the procedure though

OP posts:
ByQuaintAzureWasp · 05/02/2025 11:16

They did not inform me of this, I found out from a colleague.

I am finding this very anxiety inducing and returning to work with the toxicity and lack of support from my manager and team is not something that I will be able to navigate and stay well.

The above are your words. So you being involving yourself in work, with a colleague, is anxiety inducing. Not work, you.

Brefugee · 05/02/2025 11:18

theduchessofspork · 05/02/2025 10:01

I would join a union if you don’t belong to one, and get their advice.

It doesn’t sound like the job is going to work for you long term, as long as the team remains like this - and they aren’t going to dismantle it for you. So you might want to come back but I would look to be moved or look for something else.

You can't just join a union when 5hings go tits up and expect help.

Everyone should join a union. You don't have to tell anyone you have done it, and it doesn't have to n be recognized in your workplace.

PonderThus · 05/02/2025 11:25

I have been in my union for over a decade. They will provide some advice soon as I called HQ.

OP posts:
EmmaMaria · 05/02/2025 12:36

Does this sound like a good plan and does anyone have any advice on my rights in terms of having a disability, now becoming a carer and my ongoing mental health support needs. I basically want to be informed and ready should they try to make me feel so uncomfortable that I leave etc

You do need to be advised by your union, but also you need to bear in mind that nobody here, nor a rep from outside, knows the organisation like you do. In particular, you know better than anyone how they are likely to react. With that understanding....

I think you need to firstly undertand that having a disability, being a carer etc are vastly overrated when it comes to "rights". If you assume there are none, you won't be far off the mark - there are some but they are limited and often next to useless. In the end, the defining measure is how good the employer is at these things because the legal requirements are blurred around the edges, subject to many variables, and all have that word "reasonable" attached ("reasonable" being about as long as a piece of string).

I am also going to have to be blunt about this - as far as your manager appears to be concerned, the writing is writ in large letters on the wall. For better or for worse they will not be a force for your long-term future in this role. They want you out. And you know that. And if redeployment is a possibility from the employers point of view, think long and hard before rejecting it. You are going back to a scenario which will continue to impact adversely on you, and unless you have some confidence that raising a grievance would go your way and the manager would be dealt with, don't expect a lot to change.

That brings me to your list of complaints. If you are going to make a complaint about the way you have been treated, do not do it half-arsed. Make it a formal greivance, or don't go there. What you say is going to be shared with the manager anyway, but if all you are seen as doing is "whining" all those issues are blocked for further complaint. You can't give them a list of "this happened and it's not fair" and then expect to use that as ammunition again in the future. You want it formal and on the record. And if you aren't prepared to do that, be very cautious about how that makes you look.

You also need to look at this in relation to what you decide to say about the dynamic of the team and your struggles with that. Frame it around any grievance issues, but equally be aware that a long list of "everyone else is the problem, it's not me" is going to look very much like it is you! That might play in your favour if you would like redeployment - the more difficult it is to envisage you in that role/ team, the more likely they are to look at alternatives. But those alternatives may include paying you off - how would you feel about that?

Finally, deal with work and personal life in separate boxes. Get all the work stuff dealt with first, then have any discussion about caring / personal life. In the end, even with the best of employers, your personal life is not of any great interest beyond how it impacts on your work. They may dress it up in nice policies and empathy, but they really don't care all that much. So don't blur the edges - keep the two in their own respectve places. If you need some flexibility, then explain what you might need and it won't interfere with the work.

Two final points -
Are they really going to let you discuss all this with the Head of Department without having your line manager involved? Because frankly that isn't very good management. It's the mark of a toxic employer (rather than a toxic section) that such a thing would happen. Anywhere I have worked or seen, any complaints and discussions about work related matters go through your line manager unless you have already raised them and been unable to resolve them with your immediate line manager. Possibly, if the line manager is the subject of the complaint then yes, you may be able to go "up a notch" to make a grievance about their behaviour, but discussing team issues like phased returns and flexibility shouldn't be dealt with at this level. It undermines any management process if the managerial hierarchy isn't adhered to on matters of working practice.

Secondly, I am sure that your "list" of things you want to discuss are phrased here as simply that - nothing more than a list. Just be cautious though because they sound a little like a list of demands. Just be careful not to make them come across in your meeting like they are demands. That can irk even the most even-handed of managers, and you want them on side.

PonderThus · 05/02/2025 12:56

Thank you for this very sensible and constructive advice EmmaMaria

OP posts:
user243245346 · 05/02/2025 15:52

Do you have a disability as defined by the Equality Act? Stress isn't enough for that - it has to be a long term impairment. If so, please discuss with the union solicitor any reasonable adjustments you think might help

Hattieandcake · 05/02/2025 15:59

I would get advice from the union, meet work with someone else - preferably a rep present and then raise a formal grievance. If not taken seriously then move on.

Soontobe60 · 05/02/2025 16:12

It’s concerning that your GP advises you don't return to work yet, but you're choosing to go against that advice. At the same time, you’re trying to put conditions on your return. Have you been signed off with ‘work related stress’? If so, your employer has a responsibility to ensure you’re not put in the same position upon your return. @EmmaMaria has given you some sage advice. I would add that from what you've written, you don't sound ready to return. You need to be absolutely certain that you're ready to deal with all the stresses in the workplace upon your return.

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