View Full Version : No Support from Work...and it's their fault!
I've had anxiety on and off and had CBT last year which left me anxiety free for just about a year.
Recently at work I was wrongly accused of harassement. I was suspended for 2 weeks. At the end I was completely cleared and there was no case to answer. I had simply been wrongly accused by a colleague.
I returned to work last week and my anxiety came right back. Dry heaving and nausea in the morning, rushing to the toilet, no appetite and constantly uptight as well as being absolutely knackered.
I really struggled being in the same department as my accuser. There's just 15 of us so we work quite tightly together. I was forced into a face to face meeting with my accuser and it didn't end well. She got incredibly defensive and blew her top. I calmly sat there willing way a panic attack.
I went to the doctors as my anxiety was really beginning to bite, the physical symptoms got on top of me. I explained the back story and he signed me off for 2 weeks.
Work were less than supportive (aside the Union guy) they were interrogating me about what difference 2 weeks will make, how we'll still have to work together and how I should move on and forget about it and questioned my doctors decision.
I left the meeting with my attendance unit feeling utterly in the wrong. Like it was all my fault and it's just made everything feel so much worse meaning I can't focus on my CBT and relaxing myself because I'm now worrying about something else.
Driving me crazy :doh:
Hi,
I have just read your post and I am in a similar situation as you. I have been accused formally of Bullying & Harrassment by a colleuage and like you I believed wrongly. My case hase not been up held but my accuser is apealing. The case has taken a long time to get sorted and although I was not suspended I began to feel anxious and paranoid during the investigations. My accuser was still being his usual nasty self and making subtle comments all the time. As a result I could not take any more and felt that I would do something silly at work and then get sacked. I went to the Doctors and have been off since 11 May and am take citalapram, seeing a councellor and am feeling absolutley terrible. I went to work yesterday for a meeting about my return and found them very unsypathetic about how I was and realy only interested about when I was comming back. They told me not to worry about the appeal as it was likely to be thrown out. They also said my accuser would be on holdiay so I would not have to worry about slipping into work. I am concerned that he will still keep persecuting me if the appeal is thrown out.
I have been in contact with an NHS employment advisor who told me to write to my employer with my concerns in the evet that this disput contiues. Hopefully my union rep will be able get the appeal quashed. I am supposed to meet with my accuser although my employer says that we should wait a few weeks to let things calm down.
What started off as a small disagreement with someone has turned my whole life upside down. My employer seems powerless to do anything to this person who is quite frankly harrassing me. I have been advised to diarise everything when I return to work in case anything happens again.
I can realy understand how you feel. I hope all goes well for you. If you want to talk PM me.
Sounds like a nightmarish situation for both of you. I think I would be looking around for another job while trying to make the best of it while I was there. Do any of you feel there is a chance of getting fixed up somewhere else?
Johno, it's nice (wrong choice of word) to know that someone else has been through this. I can only hope you are cleared and found innocent like myself.
Tyke, I like my job, but I'm just feeling like I'm in the wrong when I'm not. I don't know where to turn to or have support. I'm not sure what my rights are to be honest. I think its wrong that I'm almost being punished for basic work related anxiety set off by another colleagues rant
Hi,
Thanks for your words of support. I am signed off work for another 4 weeks as even though I agreed to go back at the meeting I had the next day I felt terrible. As a result of this and an emergency doctors appt increased dosage of citalopram and at home again back to square one. I am the same I feel that I am in the wrong and am realy worried about going back. I also like my job. Hopefully your union will support you. I would keep a diary of this incident and any others that happen when you return in case you want to file a complaint aginst them. Your employer should help also. I hope that the appeal is sorted out quick and if still upheld then he will have stop what he is doing. I personally believe that he is going to try and make me resign when I can take no more. However if it gets that far I shall go down the constructive dissmissal route via an employment tribunal. I will let you no my progress.
To jkkne: if you have the disadvantage of working in a small department, is there any way that you could be redepolyed elsewhere within the same organisation? If you're in a unionised place, there should be a bullying a harassment policy, or something similar, and there should be something in it about unfounded claims. If your accuser has done this maliciously, then your management/HR ought to be looking at this for your protection - it's a two-way process.
It might also be worth your while asking to be referred to occupational health, as they should be supportive of your situation as stress in the workplace is a big issue with the Health and Safety Executive (have a look at their website - work-related stress is a big issue for causing sickness). Yes, they are correct that you will have to be able work with your accuser, as that's just a fact of life, but it sounds as though they need to be more proactive about making that happen.
To johno: pretty much the same advice here - I presume your union rep has advised you to make a counterclaim if this guy's behaviour continues? It might also be useful for you to go to occupational health as well if they're respected as being neutral in your part of the NHS.
What I would advise against (and I suspect your union rep will agree with me on this one) is to be very careful indeed about going down the constructive dismissal route. Unless you have cast-iron evidence, it is really difficult to prove and most tribunal cases fail, unfortunately. If you end up leaving, it might be better pursuing a claim of industrial injury, particularly if it's well-documented that your work has caused you to be ill.
If either of you want to drop me a PM, feel free - I'm a union rep within the NHS.
Thanks for the advice blueangel.
I'm going into work tomorrow for a a duty of care meeting to look at ways I can be supported which is a positive step but one that only happened after my doctor took it upon himself to personally call my boss and remind them of their responsibilities.
I've seen the OHA and I'm waiting on reports back but they are notoriously slow at our place. There's one woman working 3 sites with over 2,000 folk at them!
I certainly don't want a constructive dismissal
Hi again
At least your doctor managed to prod them into a duty of care meeting. At least as you work for a big organisation, you should be a bit better protected by policies, as they're notoriously worse with small employers.
During the meeting tomorrow, it might well be worth asking them what view they take of the complaint that was made against you, particularly in the context of the whole business making you ill. Obviously, some employers tend to fall into the trap of thinking that there's "no smoke without fire" when someone accuses someone else of harassment, but that's definitely not discharging their duty of care towards you.
Do let me know how you get on.
To jkkne: if you have the disadvantage of working in a small department, is there any way that you could be redepolyed elsewhere within the same organisation? If you're in a unionised place, there should be a bullying a harassment policy, or something similar, and there should be something in it about unfounded claims. If your accuser has done this maliciously, then your management/HR ought to be looking at this for your protection - it's a two-way process.
It might also be worth your while asking to be referred to occupational health, as they should be supportive of your situation as stress in the workplace is a big issue with the Health and Safety Executive (have a look at their website - work-related stress is a big issue for causing sickness). Yes, they are correct that you will have to be able work with your accuser, as that's just a fact of life, but it sounds as though they need to be more proactive about making that happen.
To johno: pretty much the same advice here - I presume your union rep has advised you to make a counterclaim if this guy's behaviour continues? It might also be useful for you to go to occupational health as well if they're respected as being neutral in your part of the NHS.
What I would advise against (and I suspect your union rep will agree with me on this one) is to be very careful indeed about going down the constructive dismissal route. Unless you have cast-iron evidence, it is really difficult to prove and most tribunal cases fail, unfortunately. If you end up leaving, it might be better pursuing a claim of industrial injury, particularly if it's well-documented that your work has caused you to be ill.
If either of you want to drop me a PM, feel free - I'm a union rep within the NHS.
Thanks Blue Angel for advice. So far I have not received in writing anything in writing about an appeal. My union rep has not contacted me latley regarding the case, which is a little annoying I seem to have to keep phoning him. I understand what you are saying about constructive dismissal as I can imagine its hard to prove. I could move locations but that would mean travelling each day and asmy wife works in the same place I am loathe to do this. I am just hoping that the appeal will be thrown out and if he contiues with this I will be starting a counter claim.
I would have thought that there's a reasonable chance that the appeal is thrown out, as long as HR where you work are fair-minded (luckily, they are in the hospital I work for, which is evry useful). Keep me posted, and let me know if there's anything else I can do to help.
Thanks again Blue Angel. I realy apreciate all your advice this has knocked me for six. Its hard to believe that this person will not give up. I am not going back to work yet until I know its sorted out. I am going to keep out of his way and not let him wind me up any more.
I read your post with great interest. This time last year I was as desperate as you, I had 3 months off work sick with depression and anxiety and reluctantly returned, in that whole time i was desperately searching for new jobs to no avail, not even an interview! I completely empathise with you, it seems that companies in the current climate believe they can get away with anything but the only thing i can advise is do not sit back and take it.
I lodged numerous grievances and was hauled into a meeting about my sickness abscence, in the end they referred it to occucational health - who EVENTUALLY came back in my favour. As i have a history of depression, panic and anxiety going back to the early 00's I was covered under the mental health act and disability discrimination act which makes it illegal for your or any company to discriminate against or intimidate you over sickness abscence for a mental health condition. My works never picked on me again and all torment ceased - about 4 months after i returned to work i got a call from an agency who found my CV inviting me for an interview - i got the job and a £5000 pay rise to boot!
I only wish you the best, but if you've been treated by your dr previously i'd certainly advise finding out if your company has the occupational health route to go down and find out about the sickness abscence / mental health / bullying and grievance policies. It is stressful but i'm happier than i could have ever imagined now.
Wish you all the best
Big Hugs
:hugs:
I read your post with great interest. This time last year I was as desperate as you, I had 3 months off work sick with depression and anxiety and reluctantly returned, in that whole time i was desperately searching for new jobs to no avail, not even an interview! I completely empathise with you, it seems that companies in the current climate believe they can get away with anything but the only thing i can advise is do not sit back and take it.
I lodged numerous grievances and was hauled into a meeting about my sickness abscence, in the end they referred it to occucational health - who EVENTUALLY came back in my favour. As i have a history of depression, panic and anxiety going back to the early 00's I was covered under the mental health act and disability discrimination act which makes it illegal for your or any company to discriminate against or intimidate you over sickness abscence for a mental health condition. My works never picked on me again and all torment ceased - about 4 months after i returned to work i got a call from an agency who found my CV inviting me for an interview - i got the job and a £5000 pay rise to boot!
I only wish you the best, but if you've been treated by your dr previously i'd certainly advise finding out if your company has the occupational health route to go down and find out about the sickness abscence / mental health / bullying and grievance policies. It is stressful but i'm happier than i could have ever imagined now.
Wish you all the best
Big Hugs
:hugs:
Thanks your post its nice to know that I'm not alone. Unfortunatley I have only been treated since May 11 for Anxiety & Depression. My companies OH has told me that I am not covered under the Mental Health act and in fact as I said I was going back to work have closed my case down. Its up to my employer to open up the case again. I will give a few days and find out via my wife if they are going to get OH to open up my case as now I am off for another 4 weeks.
I don't want to change my job particularly as my wife works there but I hope that I will all be Ok soon and I will be able to get back to some normality.
Thanks again for your advice.:hugs:
looking4answers
28-06-11, 21:35
Maybe you should change jobs ,it might make you feel better:)
Update.
I'm going back to work on a phased return with half days. Work were supportive with that undertone of 'erm, please come back soon'
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