Legal help? (It's wordy, sorry!) - Anxiety and Depre...

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Legal help? (It's wordy, sorry!)

Sleeplessme profile image
10 Replies

Hi guys,

It's been a while since I posted here, I used to be a regular so some of the main people may remember me, particularly the amazing Agora!

A brief update to add context to my upcoming question: I used to suffer a lot with anxiety but have mostly overcome it more recently. However, I do still have 'pangs' now and then, especially when dealing with outside forces, and have been struggling recently with work.

I have also found out I am most likely autistic. I have had initial assessments and am awaiting the big proper assessment which will probably take years. I have been open and honest with my employer, giving them all the details.

I recently went through the disciplinary procedure at work for something utterly pathetic, doing something innocently that everyone does, which was clearly a personal attack. Naturally I appealed, and my appeal letter was about three pages long. Something about me which is apparently a major trait relating to autism is that I like to explain myself well and in detail (like this post!?)

So anyway, during my appeal process with a retired director and major shareholder, apart from him throwing inaccurate statements at me about my alleged misdoings, I was laughed at, a lot, and called out a few times for using the "mental health card," which I had not done. I had simply explained in the letter why I felt the need to explain my feelings so deeply. As I left the all too long uncomfortable meeting, deflated, and feeling bullied, the director turned to the manager which had been taking 'minutes' and said "wow that was wordy wasn't it?"

This left a very bitter taste in my mouth. Naturally.

More recently, just last week, I was signed off by my doctor with stress and anxiety. For the first time in ages I had a pretty heavy anxiety attack while at work, due in my belief to unreasonable stress put on us by an over zealous younger director, which left me in a rather undignified situation.

I was signed off. Said director had been given the letter from my doctor signing me off until that Friday. However, he still seemed to want me to call in every morning at 7am.

Wednesday morning came. I had not slept at all that night, and had barely slept the night before. Even though my mind had finally decided to allow me to sleep, I forced myself to stay awake longer to make sure I could make that call. I was severely sleep deprived and told him so when he called me back almost straight after I had left him his usual voicemail.

So, he was aware that I had been signed off with stress and anxiety, and he was aware that as a result of that stress and anxiety that I was severely sleep deprived.

His conversation was brutal, in my opinion. He continually attacked me with questions of the sort you'd expect in a Space X board room, asking me of my plans moving forward, and future strategies to combat my problem. He mentioned that this was an ongoing problem (even though I'd not been off previously for about 18 months) and that I needed to get it fixed.

I struggled to reply, I could barely think. I said I just wanted to get better. Stomach issues, a direct response from anxiety, had been causing me pain and discomfort since the week before, which he was also aware of. I clearly also just needed to get a good night's sleep, which was being made difficult by the stomach and anxiety issues.

His attacks continued. He spoke about some sort of plan and insinuated that I should be in regular contact with my doctor's, formulating plans to conquer my problem. He stated that this was clearly a me problem and nothing to do with work. Personally I believe this point was pushed forward so they could put me on SSP rather than company sick pay, however this is not something I will know until the next pay day.

Now I don't know what sort of company health plan he has, but he clearly has no idea just how hard it is to get appointments these days. I mentioned how my doctors now use this ridiculous online form, which takes about 20 minutes to fill out. I mentioned that on my first attempt it came back telling me to go to A&E. I'm sure most would agree, that my local A&E with it's 8 hour wait times is not somewhere you would want to sit while sleep deprived, full of anxiety, with an aching stomach and needing a toilet frequently. So I filled out the form again and this time was scheduled a doctor's telephone appointment. This being the doctor that signed me off.

This was where he started accusing me of not taking medical advice, because I didn't go to A&E and accusing me of not helping myself.

Eventually he ended the conversation stating that he had nothing to add, clearly, as I was not listening.

Im off now for Christmas, but the though of going back next year makes me feel awful. All the typical anxiety feelings of impending doom and dread. It's not leading to much of a happy Christmas.

So, to my question's'

What can I do with this? Is this harassment? Is the treatment I've received from both directors disgusting? Are they legally breaking any laws? Or are they perfectly within their rights to make me feel so worthless?

Thanks in advance guys.

Merry Christmas,

And apologies for such a 'wordy' post! (Somehow I still manage to retain my very dry sense of humour!)

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Sleeplessme profile image
Sleeplessme
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10 Replies
PadThaiNoodles profile image
PadThaiNoodles

At all points you are in 100% control of how much you choose to disclose. For any question that makes you uncomfortable (including about what your plans may be), "I prefer not to disclose that" is a perfectly valid answer.

And it's certainly no business of his what medical advice you take or don't take.

Sleeplessme profile image
Sleeplessme in reply toPadThaiNoodles

No business of theirs, that's true, but company sick pay is at their discretion, I believe.

But how do I force them to be made accountable for treating me the way they have?

PadThaiNoodles profile image
PadThaiNoodles in reply toSleeplessme

I don't think you can. While there may be legal remedies available (I'm no expert here either), getting those remedies through the court and/or arbitration system is not going to do your anxiety any good.

I'm afraid I'd be on the same page as Veteran250: mental health will get you through times of no job better than a job will get you through times of poor mental health. (But my mental health crashes pretty hard when it crashes; this might not be true for everyone.)

Veteran250 profile image
Veteran250

I agree with PadThaiNoodles….. I’m not an expert in these matters….. it seems to me you need to change jobs, however, do not resign because you won’t get unemployment payment, you need to do something to get you sacked, then claim unemployment payment.

With regards to your doctor, you can sign up with another local doctor and his/her staff will get your medical records from your old doctor, I changed doctors recently, and it’s so easy….. but don’t leave your old doctor before getting a new doctor, you need to be medically covered for your own safety.

Take care and stay safe.

Don(Veteran250)

Sleeplessme profile image
Sleeplessme in reply toVeteran250

Thanks for the reply, but getting sacked isn't a great option. Not only would it be pretty horrible for anyone with anxiety, it would make getting a new job much harder.

I don't think I need to change doctors either, I was just wondering what I can do about my awful employers. Can they get away with treating people this bad? Or are their laws protecting us? If so, what can I do to get justice against these horrible people?

Veteran250 profile image
Veteran250 in reply toSleeplessme

If you search Google with the Question….Can an employer make derogatory remarks about an employeees medical problems…. I just did it, and the answer is NO!

Search Google now, for all the info about it….good luck, Merry Christmas🎅🏼🎅🏼

hypercat54 profile image
hypercat54 in reply toSleeplessme

No. Detail all the abuse - emails, meetings etc that you can. Then if you do resign it could be construed as constructive dismissal. You would get unemployment benefits based on this alone.

Also remember that if you do have to resign the doctor can just give you another sick note which would cover you anyway.

My advice is to contact ACAS for the legalities of what they are doing. Some solicitors also do a free half hour of legal advice so try and get that too. Pick one who specialises in employment law.

Most importantly though gather all the evidence you can with dates, what happened and very important how it made you feel. This will be crucial in determining any possible claim against them in the future.

hypercat54 profile image
hypercat54 in reply toSleeplessme

Oh and one other thing. If an employer knows you have health issues then they have to by law make what is called 'Reasonable Adjustments'. This could include allowing you extra breaks, more sick leave, changing your job a bit etc. Bear in mind however these are subject to 'Business Needs'. I think these are only relevant to employers over a certain size so check that too.

Agora1 profile image
Agora1

Hi Sleeplessme, I was so happy to see you back until I read what you are now going

through at work. I'm so sorry. It certainly adds fuel to the fire of Anxiety and it's

symptoms. Unfortunately, I too have no knowledge of the legal aspects of your case.

*and it is a case that's forming... An attorney who handles harassment cases might be

needed at least for the advice they can give you. Two problems with that, the cost and

the effects of this on your mind and body. Usually, the first visit to an attorney is free.

Find a few attorneys you can talk with to see where you stand. Find out cost as well as

what this may do in obtaining future jobs. Right now it's about protecting yourself and

your rights. Also, are you seeing a therapist right now to help you along with the stress?

Is medication an option to help get you through this?

There are attorneys who don't charge you *concerning mental health issues, unless they

win the case. My young daughter went through this and was put on SSD benefits but

still suffers from Anxiety and Depression. So that's not the be all answer.

I can only suggest getting yourself qualitied legal assistance in not allowing your directors

to ridicule and harass you like a puppet on a string. My heart goes out to you.

We may not have the answer you're looking for but don't give up. Fight for your rights

with the advice of legal counsel. My best to you always :) xx

Sleeplessme profile image
Sleeplessme

Thanks for the replies guys. I know Google often cites exciting information that gives an employee hope, but it often never seems to come to fruition in the real world. Health and safety is a great one, so many rules and yet companies get away with all sorts because when you report them health and safety give them warnings before inspections!

I have some things to think on though, so the help is all appreciated.

And as always Agora, you're right in the nail, this forum is lucky to have your understanding 😊

Merry Christmas everyone 😁

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