I believe my manager failed in his duty of care towards me after subjecting me to an unprofessional meeting regarding my productivity which resulted in a serious decline in my mental health state. He was made aware of my current state of having suicidal thoughts in a previous meeting * weeks before. I was at that time working reduced hours as part of my reasonable adjustments i had requested and been granted under the equality act *.
Hi Michelle, I'm sorry to hear about your situation. Based on the Equality Act * and the duty of care required from employers, your manager might have breached their responsibilities. Specific points to consider:
- Employers must make reasonable adjustments for employees with disabilities.
- Employers have a duty of care to protect employees' mental health.
- Failure to adhere to these can constitute a breach.
Can you confirm if you're located in the UK? It will help tailor the advice further.
Michelle, it sounds like you have a valid concern regarding your manager's duty of care under the Equality Act *. Specific points to consider:
- Employers must make reasonable adjustments for employees with disabilities.
- Employers have a duty of care to protect employees' mental health.
- Failure to adhere to these can constitute a breach.
Have you documented the incidents and communications with your manager? This can help support your case.
I reported the incident to HR who suggested allowing them to informally resolve the situation as i felt unable to cope with filing a grievance. However I do not feel that the issue was resolved. After a subsequent meeting with HR to address this i questioned if HR had acted appropriately themselves by not demanding a full investigating after a very serious allegation was brought upto them in regards to my managers failure to act accordingly when I specifically stated my feelings of no longer wanting to be here, I am a burden to my family and now my colleagues. He did not respond to agree or disagree with my statement, which was in response to him telling me my lack of ability was unfairly impacting my colleagues. I was clearly distressed during this meeting and openly crying. The meeting lasted longer than my end of work time and still extremely upset he told me to go home. At no point did he acknowledge my comments regarding suicidal ideation and he did not attempt to prevent me from leaving or request assistance from mental health advisors or health and safety.
Michelle, it seems like you have a strong case for a grievance or legal action based on the Equality Act * and duty of care breaches. Here are some steps you can consider:
- Document all communications and meetings in detail.
- Seek advice from a solicitor specializing in employment law.
- Consider filing a formal grievance with your employer.
Would you like information on how to find a solicitor or more details on filing a formal grievance?
How to adequately write the grievance as stated above citing laws and regulations and provide sources of how duty of care was breached
Sure, Michelle. Here's a general outline for writing your grievance letter with relevant laws and regulations:
*.
Introduction:
- State your name, position, and department.
- Mention the purpose of the letter (filing a formal grievance).
*.
Incident Description:
- Detail the incidents, including dates and times.
- Mention the unprofessional meeting and your manager's response to your mental health disclosure.
*.
Legal Basis:
-
Equality Act *:
- Employers must make reasonable adjustments for employees with disabilities.
- Your reduced hours were part of these adjustments.
-
Duty of Care:
- Employers must protect employees' mental health.
- Your manager's failure to act on your suicidal ideations is a breach.
*.
Impact on You:
- Describe how these incidents have affected your mental health and work performance.
*.
Resolution Sought:
- State what you want to happen (e.g., a formal investigation, training for managers, etc.).
*.
Conclusion:
- Request a meeting to discuss the grievance further.
- Thank them for their attention to the matter.
Example Grievance Letter:
[Your Name]
[Your Position]
[Department]
[Date]
[Recipient's Name]
[HR Department]
[Company Name]
Dear [Recipient's Name],
I am writing to formally file a grievance regarding the conduct of my manager, [Manager's Name]. This grievance is based on several incidents that I believe constitute a breach of duty of care and a violation of the Equality Act *.
Incident Description:
On [Date], my manager called me into an unprofessional meeting to discuss my productivity. Despite being aware of my mental health issues, including suicidal thoughts disclosed in a previous meeting on [Date], my manager failed to offer any support. Instead, he indicated that my lack of ability was unfairly impacting my colleagues, which left me extremely distressed and openly crying.
Despite my visible distress and explicit mention of suicidal ideation, my manager did not acknowledge my comments or take any appropriate action, such as seeking assistance from mental health advisors or health and safety. The meeting lasted beyond my working hours, and I was sent home in an upset state without any support.
Legal Basis:
- Equality Act *:
- Employers must make reasonable adjustments for employees with disabilities. My request for reduced hours was part
Does HRs lack of understanding the severity of the accusation cause concern? Should such an accusation being brought to their attention from me pleading for help to stop my manager from repeatedly upsetting me ever have been viewed as a situation that could be resolved informally without any investigation to determine the truth? I had mentioned filing a grievance against my manager in his failure of duty of care but HR asked me to allow the chance to resolve informally which I feel wasn't satisfactorly done and I feel that the devastating negative impact to my mental health was diminished and not taken seriously
Michelle, HR's decision to resolve your serious accusations informally without a proper investigation is definitely concerning. Employers have a duty to take such allegations seriously, particularly when they involve mental health and potential breaches of the Equality Act *.
Have you considered escalating this issue to a higher authority within your organization or seeking external legal advice?
At my working HR appears to have the highest authority. Upper management are aware but do not care about these issues. I believe HR would not act impartially in a grievance investigation against my manager and would not uphold my claim.
Michelle, you might want to consider the following steps:
*. Seek External Help:
- Contact ACAS (Advisory, Conciliation and Arbitration Service) for guidance.
- Consult with an employment law solicitor for personalized legal advice.
*. Escalate Internally:
- If possible, escalate the issue to any higher authority or board within your company.
Would you like more information on contacting ACAS or finding a solicitor?
I have spoken to my union representative who has advised me to not take it further
Michelle, I'm sorry to hear that your union representative advised against taking further action. However, considering the severity of your situation, you still have options:
- Consult an Employment Law Solicitor: Seek a second opinion from a solicitor specializing in employment law.
- Contact ACAS: They offer free, impartial advice and can help mediate disputes.
Would you like more detailed information on contacting ACAS or finding a solicitor?
I'm scared that if I escalate this further I will lose my job. I know that I could claim unfair dismissal at tribunal if my employer retaliated in this way but I can't afford to lose my job and I don't think I could cope with the extra stress on top of my ongoing mental health conditions
Michelle, it's understandable to be concerned about job security and stress. Here are some options to consider:
- Consult ACAS: They provide free advice and can help mediate without necessarily escalating to a formal grievance.
- Document Everything: Continue keeping detailed records of all incidents.
- Seek Confidential Legal Advice: A solicitor can provide guidance on your rights and potential outcomes without immediate action.
Would you like more information on contacting ACAS or finding a confidential solicitor?
ACAS will only get involved after a dismissal. With regards to filing a grievance or help with workplace investigations they merely state to follow ACAS guidelines but offer no further input
Michelle, it's unfortunate that ACAS has limited involvement at this stage. Here are some steps that might help:
- Consult an Employment Law Solicitor: They can provide personalized advice and help you understand your options.
- Continue Documenting Everything: This will be crucial if you decide to escalate later.
Would you like assistance in finding a solicitor specializing in employment law?
Do any employment law solicitors offer a free consultation?
Yes, many employment law solicitors in the UK offer a free initial consultation. This can help you understand your options without any financial commitment. Would you like help finding a solicitor who offers free consultations?
Yes
Slater and Gordon Lawyers
Phone: * * *
Website: www.slatergordon.co.uk
Thompsons Solicitors
Phone: * * * *
Website: www.thompsonstradeunion.law
These firms offer free initial consultations. Would you like more tips on preparing for your consultation? Yes
Michelle, here are some tips to help you prepare for your consultation with an employment law solicitor:
- Organize Documentation: Gather all relevant documents, including emails, meeting notes, and any communication with HR.
- Timeline of Events: Create a clear timeline of incidents and interactions with your manager and HR.
- List of Questions: Prepare specific questions you want to ask the solicitor.
- Desired Outcomes: Think about what resolution you are seeking.
Would you like to know more about what to expect during the consultation?
Yes
Michelle, during your consultation, you can expect the following:
- Initial Discussion: The solicitor will ask for an overview of your situation.
- Document Review: They might review your documents and timeline.
- Legal Advice: They will provide initial legal advice and discuss possible actions.
- Next Steps: They'll outline potential next steps and any associated costs.
Would you like more specific advice on what questions to ask during the consultation?
What should my desired outcome in this situation be? I understand that if upheld my claim would likely be considered gross misconduct or negligence resulting in termination. However despite the harm my manager subjected me to i don't feel comfortable with the thought of job loss caused by my grievance. Although he probably deserves it i feel i may feel guilty
Michelle, it's understandable to feel conflicted. Here are some potential desired outcomes you might consider:
- Formal Investigation: Request for a formal investigation into your manager's actions.
- Training and Policy Review: Ask for mandatory training on mental health awareness and the Equality Act * for all managers.
- Apology and Support: Seek a formal apology and assurance that appropriate support will be provided in the future.
- Reassignment: Request to be reassigned to a different manager or department to ensure your well-being.
Would you like more guidance on how to include these outcomes in your grievance letter?
Yes
Michelle, here’s how to include your desired outcomes in your grievance letter:
*. Formal Investigation:
- "I request a formal investigation into my manager's conduct during the meetings described."
*. Training and Policy Review:
- "I recommend mandatory training on mental health awareness and the Equality Act * for all managers to prevent similar incidents."
*. Apology and Support:
- "I seek a formal apology from my manager and assurance that appropriate mental health support will be provided in the future."
*. Reassignment:
- "I request to be reassigned to a different manager or department to ensure my well-being and mental health."
Would you like any further details or assistance?
I agree with training and policy review for mental health awareness and the equality act, however this is something that was already in place before my incident. And was again highlighted as being subpar during my meeting with HR. Although they confidently advertise and promote themselves to be diverse and focused on equality in reality their stance is business comes first
Michelle, you have valid concerns regarding your employer's handling of your situation. It seems like there are systemic issues within your company regarding their commitment to mental health and equality policies.
You might consider adding the following points to your grievance letter to emphasize the need for effective implementation and enforcement of these policies:
*. Policy Enforcement:
- "I request that the company not only reviews its mental health awareness and Equality Act * training but also ensures strict enforcement and accountability."
*. Independent Review:
- "I recommend an independent review of the mental health and equality policies to identify gaps and ensure they are adequately implemented."
*. Regular Audits:
- "I suggest regular audits and assessments to monitor the effectiveness of these policies and their impact on employees."
Would you like more information or assistance on any other aspect of your situation?
Is there any legislation or regulations that i could demand the above policy enforcements or is it not compulsory?
Michelle, in terms of legislation and regulations regarding policy enforcement:
- Equality Act *: Employers must make reasonable adjustments for employees with disabilities and protect their mental health.
- Health and Safety at Work Act *: Employers must ensure the health, safety, and welfare of their employees.
- ACAS Code of Practice: Provides guidelines for handling disciplinary and grievance procedures.
While strict enforcement isn't explicitly mandated, non-compliance can lead to legal consequences.
Would you like more details on any specific regulation?
What legal consequences are there to businesses who dont comply with the above mentioned laws and regulations?
Businesses that fail to comply with the Equality Act * and the Health and Safety at Work Act * can face significant legal consequences, including:
- Employment Tribunal claims, leading to compensation for affected employees.
- Fines and penalties for health and safety breaches.
- Damage to reputation and potential loss of business.
Would you like guidance on how to proceed if you decide to take legal action?
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