Advice and thanks

[Seriously Worried]

Hi All.
after months of worry i finally came across this website back in 2006 and after reading the many topics and seeking advice I finally proceeded for an IVA well that was accepted in March this year and 8 months later still going well - Thankyou all for your words of support. it is very much appreciated.

I really need some advice on another matter. I enjoy my job,but i have been bullied and victamised by others in the office for some time now. The doc wants to sign me off with stress but i am worried that if i stay there it will make me more ill. If i hand my notice in because i cannot face going there anymore and i am not getting the backup or support from management. they could hold not paying me my wages etc if i go off sick and hand my notice in.

My worry then is that i could end up being out of work and not be able to pay my IVA for 1 month.. Where do i stand with having to leave work and missing 1 payment of my IVA ..... i dont want to not pay my IVA but i am worried about going to work.

Can anyone please HELP? really dont know what to do?

[BECKY]

Hi you could ask your ip for a payment break if you need one. There are laws protecting you from the sort of experience you are having at work , but if you feel you have to hand in your notice they can't withhold your wages from you.

[bagpuss]

you cant possibly be expected to stay in a job were you are treated like this and to cause you illness....have you done everything you can to resolve these matters with your superiors...(keep records of conversations...letters...etc)...and take it further....there are laws to protect you.

It would be easier to walk away .... but why should they be allowed to treat people like this and get away with it ??

if you are really sure that leaving is the option for you then i would have a word with your IP, a 1 month break for this reason sounds reasonable to me...but then i aint a IP.

Best of luck xx

Angie xx


My IVA Story......http://bagpuss.blogs.iva.co.uk/2007/09/ ... iva-story/

[Adam Davies]

Hi

Post from smr

16 Posts
Posted - 29 October 2007 : 10:45:36

Hi Everyone - so many interesting talents in one thread !! I am in Human Resources and Health and Safety. May be able to help anyone with employment related questions.

Sharon

Wait and see what Sharon advises,you are protected from this type of behaviour at work and your line manager will have to take action

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[louiseh]

I had a similar situation at work about 5 years ago. I went to see the doctor, signed me off work for 1 months work related stress. At the same time as I posted my sick note I posted my resignation giving one months notice. I did not return to work and the company I worked for paid my salary for the month because I had a valid sick note and had given the required notice period. I also think they were worried about me taking the matter to an industrial tribunal so they weren't going to risk withholding my pay.

[Lisa2009]

What a terribe situation to be in. Is there nobody at work you could speak to about this?
It just seems such a hame that you enjoy your work but feel as if you are being forced out. Bullies need to be stopped. Maybe its them that should be forced to leave.

mrs skint

[ray_a]

Totally uinacceptable behaviour and I think I would suggest a bringing in a complaint to an industrial tribunal would be in order for damage caused to you which may have resulted in you suffering not only health problems but a finacial consequence as well!

If you wee bullied before going into an IVA and it can be shown that you were depress leading to a financial consequence then your employer might like to consider making a suitable contribution to your IVA!

Basically some legal advice is required and as andy says some advice from someone who specialises in employment matters!

[smr]

Hi Seriously Worried
Sorry to hear of your situation. Right - I'm on my soapbox !

There is legislation protecting you from this type of behaviour. The first thing to do would be to raise a formal grievance with your line manager regarding the nature of the behaviour. There is a statutory process they and you must follow to resolve this matter.

If this is not resolved and you feel you have no alternative other than to resign you have the right to make a claim at tribunal for Constuctive Dismissal - this is where your employer either did something or failed to do something which meant you felt as though no alternative was left but to resign - in this case allowing the bullying/victimisation to take place.

Your management has no alternative other than to support you in this matter - it is the LAW.
If you feel no suport from Line Management then escalate your grievance to your HR department (if you have one, if not the MD). They will/should be aware of the legislation covering this matter.

If everything fails and you end up having to resign, there are couple of options: Take them to a tribunal for constructive dismissal, potential discrimination, depending on the reason for the bullying, the bullying itself.
Secondly, they may want to enter into what is known as a Compromise Agreement - this is where they pay you a sum of money in return for you not taking them to tribunal. This payment of money will be made up of your notice period (taxable) accrued holiday pay (taxable) and then a sum for compensation.
I am happy to go into more detail with you directly and am happy to advise in terms of what you should put in your letter and guide you through the process if you want me to, but will need full details of your situation - FYI I expect nothing in return.
ADMIN - perhaps you could let Seriously Worried have my contact email if they want it.

With regards to your IVA, from what others have posted you should speak to your IP about what happens if you miss a payment if you leave your job without another to go to. Also, you need to check your IVA Terms with regards to the compensation you may or may not receive, as again, reading other posts some have clauses in that you have to pay a certain amount into your IVA. That said, we're not at that stage yet.
Please don't worry about this too much - you are not in the wrong and there is a solution for you.
Regards
Sharon

[Seriously Worried]

Hi All,
Thankyou very much for your advice, I really appreciated all the helpful points that you have raised with me and what i can do

I am going to ring my IVA company up today to see that they say. As for the management part goes. I have been telling my manager for some months that this is going on and trying to get one to ones with him to tell him everything but these have never happened - after the meeting with management and HR - because i had no visiable evidence and they group ( 5 women one of whom is a manager)all said there part it was a case of 5 on to one - and i had no chance- I even mentioned to HR (did they not notice the times i was having off sick all coninceided with the dates that they were victimising me) fell on deaf ears,
As far as i am feeling i really couldnt stand going back - if they pay me my wages and holiday pay etc that i am owed then i would prefer to leave it at that as i do not want them to stress or upset me anymore than they ave done already. i really dont want to get to another new year with worry. it would be nice for once to have a xmas without worry. BUT on the other hand i do want to make sure that they dont do/allow it again -.

Seriously Worried

[MelanieGiles]

What a hideous story, and thank goodness we have experts like Sharon as part of the community on this site to offer support and advice.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[ray_a]

Hi SW

Bullying is totally unacceptable in today's Society and I have to advise businesses and see problems from both sides of the coin. As you say you are happy to find a compromise and your employer is basically pushing you out of a job and it is the current trend to use the numbers game.

Given SMR's good advice I do think you should make contact with him directly and when you analyse the situation with him you might find there are a number of remedies available to you!

As i said earlier I think some of your financial problems arose from the situation you are in!

As for not wanting to spend Christams with them ie a Christmas Party then I agree with you don't go it might make them feel they have been aggresive in their behaviour towards you!
Good Luck

[smr]

I CANNOT believe this. How your company can let this go on for a number of months. Are you off work at the moment ? If so, I really would go and see a solicitor about this - many employment specialists offer free initial consultations. What was the response from your HR department when you had a meeting with them ? I am getting more and more cross by the minute whilst writing this - don't get me wrong I am not a cruisader by any means, but I get so mad when I hear situations like this.
I know you just want out of this, but your company cannot get away with letting this happen.
I really want to help, but it is your decision.
Sharon

[Rainbow]

We have just received this email at work from Unison so thought I would pass it on as it seems very relevant:-

Dear everyone

Each year there is a National Ban Bullying at Work Day

which is organised by the Andrea Adams Trust and supported by the TUC.

Today is that day……



The Andrea Adams Trust http://www.banbullyingatwork.com/

Please find the time to do the online survey.



The TUC http://www.tuc.org.uk/h_and_s/index.cfm?mins=30



Surveys show that as many as 1 in 4 people have been bullied in the last 5 years

and 1 in 10 have been bullied in the last six months.

Bullying at work is as wide spread and has real and long lasting effects on the victim.



What you should do if you think you are being bullied at work.

1. Tell your line manager and your union representative.(if you think your line manager is the bully then tell their line manager. PASS IT UP)

2. Keep a record and gather any evidence.(emails, letters, witnesses etc)

3. If you think the bullying is causing you stress then visit your doctor for help and advice.

4. Don’t suffer in silence. Do something NOW! It wont go away on its own..

Join Unison and fight bullying at work.

Please pass this email on to as many people as possible.



Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!

[Rainbow]

PS I have real empathy with you I too went through this 6 years ago (Which is what caused me to change career's) I paid to see a solicior for advice and his advice was to keep records of everything that this manager did as it happened how it made me feel etc. I did this by sending emails to myself at work and home to keep a record. However, before I got to the stage to take action I had a nasty car crash at the time I was worrying about what she was going to say.... I was signed off work for a month and after a couple of weeks my daughter said, "mum you are just like you used to be"! I then found another job handed in my notice but sent an email to Personal and reported it on my exit form (As I knew that others had to) and left I was going to carry on with the action against her and the company but I heard that she left so didn't - On reflection wish I had now.

I wish you all the luck in the world and all good wishes, but please believe that something good will come out of this.
Best wishes
Rainbow

Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!