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Mairead-H
#1 Posted : Saturday, July 30, 2011 8:58:54 PM Quote
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Reading this forum it makes me so angry to hear how common harrassment and bullying of sick and disabled people is in the workplace. It appears the DDA and Equalities Act aren't worth the paper they're scribbled on. They have too many get-out clauses, holes and are too open to misinterpretation.

I'm now beginning to suffer the same harrassment and intimidation. After I was first diagnosed I was subject to "back to work" interviews after even only one day off. Every time I was asked if the absence was due to my disease, or related to my disease.

Now I've been told I have to work a public drop-in centre. I've raised a concern that this potentially puts my health at risk due to the medications I'll be taking (Humira or Enbrel). Their quite blunt and callous attitude was that if I was well enough to travel to and work in an office then I was well enough to sit in a cramped, airless office where every Tom, Dick and Harry can walk in and drip their germs all over me, the telephone and the keyboard I'll have to share with them. My reminder that, in the past, they've allowed me to work from home in times of public sickness (flu, norovirus etc), and that I've avoided public transport during these times was conveniently ignored.

When I asked how they would manage the additional sickness this will no doubt generate I was told it would be dealt with under the normal sickness procedure. No reasonable adjustments, no classing it as disability leave rather than sick leave etc. So, through their actions, my sickness absence is likely to skyrocket.

I've just re-joined a large union and will be getting formal legal advice from a law centre. I've already contacted the NRAS helpline who have given me some pointers and I've already identified two potential breaches of the law and two potential acts of discrimination and harrassment. By deliberately putting me in that position and then refusing to treat the sickness, caused by their breach of employment contract, as disability leave I think I have a pretty good case. If my sickness leave goes up - through their actions - it affects my chances of promotions and getting other jobs. That's direct discrimination under the Acts.

I'm absolutely beyond rage at the moment. I've used holiday and flex leave to avoid using sickness leave (as recently as two weeks ago when I had a flare) and this is the thanks I get. Never agian. Next time I get so much as an earache I'll make sure I get a note from my Dr, tell him they're harrassing me (he's extremely supportive and not a lover of employers) and get my union rep onto them if they so much as look in my direction.

I'm looking for another job but in the meantime I'm strongly considering constructive dismissal if the situation deteriorates. The Director of the Charity - yes, that's right, CHARITY - I work for is a vindictive, evil cow and has a habit of running people out when they upset her apple cart, usually by harrassment, bullying and making the workday so unbearable that they leave without argument. Shame for her that this time she picked on another evil, vindictive cow who also can evidence at least one incidence of fraud that she thinks the people that funded us might like to hear about. I also have contacts in very high places and am not afraid to use the media.

Watch this space.
jenni_b
#2 Posted : Sunday, July 31, 2011 10:33:29 PM Quote
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sounds truly shocking.

my sister had similar charity working experience sadly, it seems that several charities think they are above the law when it comes to this sort of thing and they ARE NOT.

Unions have been a God send to me and others I know in the past as they are the muscle that really rattles the charities.

Perhaps they are trying to have you get so ill you can be dismissed? Is this a constructive dismissal argument I wonder?

With kindest support

Jenni xx
how to be a velvet bulldoser
sheila_G
#3 Posted : Sunday, July 31, 2011 11:33:40 PM Quote
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Oh Mairead. I just want to come and give you a hug, you poor thing. I understand why you are angry and with good reason but sometimes I think it is ignorance rather than anything else that makes employers like this. I am not defending her in the least just trying to help you to be less stressed. Getting worked up is going to make it harder for you and then she has won. Do you have any holidays to come? It might be a good idea to take a few days off away from her so your stress levels can be reduced. If coming on here and having a good moan helps then please continue to do so.


Sheila x
dorat
#4 Posted : Monday, August 01, 2011 11:06:52 AM Quote
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Location: Huddersfield
Hi Mairead,

Good to hear from you again but sorry you are having such a dreadful time at work.
I wish you luck in your hunt for another job and hope you have the strength to cope with the difficulties in your present job.

Love, Doreen xx
Tracy-Street
#5 Posted : Monday, August 01, 2011 1:27:38 PM Quote
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Location: Wilts, nr Stonehenge
Dear Mairead,

If I didn't know better, I would say we work for the same woman!!!! And she also runs her own 'charity' and is a 'Christian'.

I am too going thru sickness procedures and she has also picked on the wrong person. my colleagues and union are very supportive.


keep fighting, i am with you all the way

Trace xx
Rose-B
#6 Posted : Tuesday, August 02, 2011 11:51:13 AM Quote
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Location: Somerset


Dear Mairead

So sorry to hear that an awful time work wise you are going through. It must be awful for you as we all
know that the old RA does not cope with stress.

Good luck
Mairead-H
#7 Posted : Tuesday, August 02, 2011 1:32:38 PM Quote
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Location: Birmingham
Thanks for the support folks. BigGrin

I can categorically state now this is nothing to do with ignorance or lack of awareness. Her friend, and her aunt have RA so she's well aware of the limitations it imposes on us. She does not like her authority being questioned, or anybody standing up to her. Unfortunately she is used to the tail-between-legs attitude of my colleagues who've ensured she's gotten away with harrassment and intimidation for three years. She has a history of getting people out she doesn't like and I'm not the only one she's causing problems for at this moment. I'm aware of other harrassment/bullying techniques underway right now.

Regarding constructive dismissal, this is something I've already considered and am preparing for, should it descend to this situation. This is why I've demanded they consider my additional sickness absences as disability-related so they *can't* get rid of me on sickness grounds, especially when it's their fault I'll be getting sick!!

Unluckily for her, I used to do legal work. I have a bunch of precedents on my side and will be contacting ACAS, my union and a Law Centre for clarification on some technical aspects of the EA 2010 and DDA. The argument hangs on 'reasonable adjustments'. I've already had two small successes in that, *temporarily* and subject to further clarification, I'm off the cover rota. They've also agreed to 'consider' my disabilty when assessing sickness absence. Not good enough.

Due to the nature of my situation I can't give any more detail but suffice to say I'm 20 minutes ahead of her all the way. She seriously does not know who she's dealing with

Updates (as much as I can legally say) as they come.
AnnieB
#8 Posted : Tuesday, August 02, 2011 4:55:35 PM Quote
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Hi Mairead,

I to use to work for a vindictive bully who was also head of human resources, unbelievable that people like this get this type of job, they are more suited to being a traffic warden, apologise if any of you are traffic wardens.

She was eventually promoted within the system to get rid of her.

I am really interested in your case and look forward to your updates.

Anne x
Sara-R
#9 Posted : Friday, August 05, 2011 3:39:32 PM Quote
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Location: Cornwall
Go girl go! Right behind you all the way, my blood boils sometimes when I read stories on here about how people are treated so well done for standing up for yourself.
Good luck
Sara
Mairead-H
#10 Posted : Saturday, August 06, 2011 6:37:17 PM Quote
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Location: Birmingham
the latest update is they are waiting some legal advice. Then I can make my next move. Will update as and when.

In the meantime, here's some advice if you're in the same boat:-

- Read the Equalities Act 2010 and Disability Act and be able to quote it book and verse.

- Keep a record of all incidents, whether verbal, physical or implied. Under the EA2010 implied is as bad as actual. Record date, time, who was involved, what was said, what happened, what was the result and how it made you feel. Did it make your illness/disablity worse, did it result in you having time off, having an argument, acting out of character. Someone sniggered last week, I've recorded it. On its own it doesn't stand for much, but as part of a longer story it shows a corporate culture and mentality of discrimination.

-Record every time you're asked to do something you can't. Were you offered help, etc. how did it affect you? Were you in pain afterwards? do you feel you were 'forced' or had no choice?

-Save your supervisions, staff development reviews, appraisals etc. If you haven't a copy, ask for them.

-Save your workplans, work programmes and Job Descriptions. You need to show you've worked to them.

-Keep all commendations, compliments and comments on work you've done. This includes from staff, managers, external customers, clients etc. This is evidence of a competent worker. Go back as many years as you have to, to show consistency, that your skills, competence haven't deteriorated over the disputed period.

-Keep any good pieces of work you've done as evidence of high quality and a high standard of work.

-Keep copies of your absence records, signed preferably (ie sick notes, self-certifications).

-Keep copies of emails and any other written communications between you and the person you're having trouble with. Emails can be saved by Save As (just like a normal document). You need to save them in Mail Format or html.

-Any electronic evidence should be kept on a memory stick and backed up onto a home computer in case it's wiped or tinkered with at work. In fact, don't make it obvious you're collecting evidence.

-Stop sending external emails to your friends, relatives, former colleagues etc. They'll use it against you as wasting work time.

-Don't play on facebook, twitter during work time. In fact, avoid using the internet at all while using yoru work computer.

-Emails and all electronic communications are the property of your employer and they can and will have them restored from backups to use against you. Keep all itnernal and external emails professional and perfunctory. Don't get drawn into arguments, discussions, slagging matches or mud-slinging contests.

-Don't slag your employers on social networking sites or blogs. If you're going to give out then use it to your advantage ie, "having problems at work, feeling very low and upset. Not going out much, feel depressed". Whatever you do don't shout and roar about what a bitch your HR manager is and how you'd like to stab her in the eye. Solicitors are ruthless, they will use all social networking, blog and similar sites to find evidence against you. Insurance companies and potential employers are already doing it. Private forums such as NRAS are ok within reason as long as names or company names are not used. This is because you need a login and username to get onto the site. However, if they were really sneaky - and if they're desperate they will be - they could set up an account, knowing you had RA, and dig around a bit. Using names/company names could get you in trouble for defamation, confidentiality breaches etc. Facebook etc tend to be viewable to 'anyone' with a Facebook site, hence the big risk.

-Don't get drawn into 'private' conversations about the situation. This is how they will intimidate you. If you're confident to go ahead then make a written note of what is being said and agreed and ask them to countersign as an accurate record of what was discussed. Ask if they mind you making notes beforehand. If they do, then terminate the impromptu 'meeting' there and then. If you're uncomfortable, state you want a representative. This is your legal right. Don't be afraid to stop the discussion but don't walk out, whatever you do. Just say you're not comfortable with the situation, you're not comfortable with the tone of the conversation and don't feel it's resolving the issue or contributing to a mutually beneficial solution. Ask to rearrange at a mutually convenient time and that you want a representative.

-Don't get drawn into arguments. Keep calm, keep polite. Use words like 'inappropriate' 'uncomfortable' 'not beneficial'. Don't point, roll your eyes, huff and puff, flare your nostrils. They'll use it against you.

-Start to collect legal precedents so you know what they can and can't do. The EA2010 and DDA are ok but have more holes than a cheese grater. They're also open to interpretation. In these cases courts and tribunals will use precedents to give them an idea of what's gone before. Usually, in a contentious case, they'll depend on precedents. The TUC have some very good legal precedents and opinions.

You need to show you're absolutely golden, a textbook employee (even if you aren't). What you have to remember is that union reps, tribunals, employment advisors etc don't know you or your employer from Adam. It's your job to convince them you were treated unfairly and you did everything in your power to work with them on finding an amicable solution, that your requests were reasonable, that their demands were not.

Hope that helps.
Mairead-H
#11 Posted : Monday, August 08, 2011 7:38:14 PM Quote
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And the winner is ....

Me, of course. ThumpUp

I don't work in the centre, nor do I come to work during times of staff sickness. I can work from home whenever someone comes in with as much as a stye in their eye.

Sorted.

But the bonus is watching the woman squirm in her seat at the humiliation she suffered at my hands, and at the hands the disgusted solicitors who asked why they'd even been involved seeing as this was a always a no-brainer. She's also fallen foul of the HR Director who's come back from two weeks holiday to this mess and is less than amused, having a nephew with rheumatoid arthritis on biologics.

I love the sound of managers' teeth grinding in the morning.

Tracy-Street
#12 Posted : Monday, August 08, 2011 8:42:24 PM Quote
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Location: Wilts, nr Stonehenge
LOL

Well done you!!!

I will keep ypu informed of my on going fight!! GRRRR

Well done

Trace xx
jewelrhi
#13 Posted : Wednesday, August 10, 2011 1:05:50 PM Quote
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Location: Wales
Quote:
And the winner is ....

Me, of course. ThumpUp


Woohoo! Well done you! Congratulations!

Quote:

But the bonus is watching the woman squirm in her seat at the humiliation she suffered at my hands, and at the hands the disgusted solicitors who asked why they'd even been involved seeing as this was a always a no-brainer. She's also fallen foul of the HR Director who's come back from two weeks holiday to this mess and is less than amused, having a nephew with rheumatoid arthritis on biologics.

I love the sound of managers' teeth grinding in the morning.



Excellent result. So pleased she's getting it from the HR Director too!
jenni_b
#14 Posted : Wednesday, August 10, 2011 3:14:20 PM Quote
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fantastic news! and about time too....!

Jenni xx
how to be a velvet bulldoser
bevie
#15 Posted : Wednesday, August 10, 2011 4:30:19 PM Quote
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Well done Mairaid.

Bevxx
Maria_R
#16 Posted : Wednesday, August 10, 2011 4:58:06 PM Quote
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Great news Mairaid. and thanks for posting all the useful tips. I alread have a bag full of files relating to my problems as I anticipate more problems in the future.


It really is a sad reflection on the times we live in -we have a genuine, life wrecking illness and this is how we're treated.It makes me so angry that we have to cover ourselves so thoroughly- adds considerably to the stress.

Best wishes

Maria
ceri44
#17 Posted : Thursday, August 11, 2011 10:17:18 AM Quote
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Brilliant news and thanks for all your advice xx
AnnieB
#18 Posted : Thursday, August 11, 2011 2:09:10 PM Quote
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Well done for pursuing it all the way, I hope this gives encouragement to the people out there who are having problems with their employers.

Anne x
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