Help with work issues

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Hiding_My_Username

Original Poster:

2 posts

29 months

Tuesday 7th June 2022
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I’ve changed my username, as I post here quite a lot and there will be lots of personal information here.

I have a relatively high position for an American company. I have been off work for two years as I had a mental breakdown. I am still not okay. The original reason was my manager was being unreasonable. My Father had cancer, I’m an only child and had to look after him. I was still working as I work at home, attending meetings etc.. This manager insisted that I take calls and meetings whilst in hospital. My Father died, I couldn’t cope anymore and tried to kill myself. Unrelated my wife started a divorce (my fault), and my dog died. I returned back to work a few months later, and got a notice of redundancy within a week of this.

I’m signed off and on medication, Thankfully I’m still bring paid via their insurance but they want me to settle (no idea how much) and go through with the redundancy. I’m being offered 1 month per year service (9 years). I know legally much more than required. However, I’m still seeing a psychiatrist and having therapy and am not fit to work in the foreseeable future. And to be frank, I want some compensation from them.

Am I being unreasonable or perhaps unrealistic? Does anyone know a good employment solicitor?

Thank you for reading if you got this far, and any help you can offer.

(As a complete sideline, I would never have said that I would breakdown like this and can’t pick myself up. I’m old, relatively stable and had a good life. I have a new appreciation for people who say they are depressed or have mental health issues)

StuTheGrouch

5,816 posts

169 months

Tuesday 7th June 2022
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Sorry to hear of all of these issues, sounds like a really rough time.

I can't comment on the legal side of things, but given your mental health wouldn't it be best to take the 9 months redundancy and move on? You might get more if you go legal or you might not. However, it will cost money and add extra strain to you; the end result might not be worth it.


PistonBroker

2,526 posts

233 months

Tuesday 7th June 2022
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StuTheGrouch said:
. . . given your mental health wouldn't it be best to take the 9 months redundancy and move on? You might get more if you go legal or you might not. However, it will cost money and add extra strain to you; the end result might not be worth it.
Easy for us to say from the outside, but this was my immediate thought as well.

Yes, the manager gets away with it to a certain extent. But much better to move on and focus on looking after yourself, I'd say.

All the best OP.

CarCrazyDad

4,280 posts

42 months

Tuesday 7th June 2022
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Hiding_My_Username said:
I’ve changed my username, as I post here quite a lot and there will be lots of personal information here.

I have a relatively high position for an American company. I have been off work for two years as I had a mental breakdown. I am still not okay. The original reason was my manager was being unreasonable. My Father had cancer, I’m an only child and had to look after him. I was still working as I work at home, attending meetings etc.. This manager insisted that I take calls and meetings whilst in hospital. My Father died, I couldn’t cope anymore and tried to kill myself. Unrelated my wife started a divorce (my fault), and my dog died. I returned back to work a few months later, and got a notice of redundancy within a week of this.

I’m signed off and on medication, Thankfully I’m still bring paid via their insurance but they want me to settle (no idea how much) and go through with the redundancy. I’m being offered 1 month per year service (9 years). I know legally much more than required. However, I’m still seeing a psychiatrist and having therapy and am not fit to work in the foreseeable future. And to be frank, I want some compensation from them.

Am I being unreasonable or perhaps unrealistic? Does anyone know a good employment solicitor?

Thank you for reading if you got this far, and any help you can offer.

(As a complete sideline, I would never have said that I would breakdown like this and can’t pick myself up. I’m old, relatively stable and had a good life. I have a new appreciation for people who say they are depressed or have mental health issues)
One of my ex colleagues has used Fenton Elliot Employment lawyers with great success in the past

Your outcome depends on how much mental strain you can tolerate during the process - you can perhaps push for 15 or 16 months of salary as a "clean break"

Sounds like you went through a tough time

I hope you come out the other side OK - take time to do things you enjoy
Could be construed as constructive dismissal perhaps, you had time off due to family emergencies, un reasonable work expectations, and then being let go as a result of it

Problem is American company culture is very different
Good luck!


M4cruiser

4,091 posts

157 months

Tuesday 7th June 2022
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OP, thank you for having the courage to post, I know how difficult it is.
I've been in a similar place.

If you can cope with a small battle then do consult a solicitor (sorry I can't recommend). The main thing that strikes me is the co-incidence of getting the redundancy. Redundancy process has to be followed, and do remember it's the job that's redundant, not the person. So is your role actually disappearing? If not, it's illegal (in the UK).




foxbody-87

2,675 posts

173 months

Tuesday 7th June 2022
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You’ve set out your stall - you feel like st, you were treated like st, and you want something back for it. I admire your honesty to be honest.
Sadly I can’t offer much advice other than consult a solicitor who specialises in employment law. It’s surprising how many companies can’t even get the basics right and end up paying out to employees but again that’s something the solicitor will advise on the likelihood of.
I hope you get the resolution that works for you and that things start looking up for you so you can move forward with your life.

Hiding_My_Username

Original Poster:

2 posts

29 months

Tuesday 7th June 2022
quotequote all
Thank you for the replies. They have offered to pay for a solicitor (up to £1500) if I want to take the deal from both the insurance company (which I don’t know what it’ll be) and the redundancy. This was all in a rather grotty letter that was sent. I haven’t responded yet.

My role is redundant, as they hired someone above me whilst I was out sick and then when I came back there was not much for me to do. Not illegal to do as the new person has a slightly larger remit and a different title.

bennno

12,754 posts

276 months

Tuesday 7th June 2022
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Can recommend Rebecca Fox @ VWV.

Note what you’ve described seems reasonable, but an expert will advise you.

Ussrcossack

665 posts

49 months

Tuesday 7th June 2022
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Jass and Jules on here.


anonymous-user

61 months

Wednesday 8th June 2022
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Two words to start: ‘home insurance’.
Check if your policy covers employment.
It’s all well recommending a solicitor but legal pursuit can be costly and drawn out.

Lastly, the absence of the sun is never permanent.. so I wish you well in your recovery as that is your priority right now and hope things work out for you.

Edited by anonymous-user on Wednesday 8th June 06:32


Edited as following response from stevebee contains more accurate advice.

Edited by anonymous-user on Thursday 9th June 06:54


Edited by anonymous-user on Thursday 9th June 06:55

fourstardan

5,013 posts

151 months

Wednesday 8th June 2022
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Not a nice situation to be in with unsupportive employer, To be honest I'm not really sure it's even a UK thing when it comes to support during circumstances mentioned.

Two years is a long time away though and I wonder if there is something legally that means employee wins here.

The circumstances might mean you get a few extra quid at a tribunal but based on the stress you've gone through then maybe push for a bit more redundancy and move on.

toasty

7,784 posts

227 months

Wednesday 8th June 2022
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It sounds like you’ve had a really rough couple of years. I went through similar, though not as severe, about 5 years back.

Although annoyed at the company, I had to think of my mental health so took the money and moved on.

What do you want to achieve by fighting on? And at what expense, not just financially but also to your mental health? I can’t imagine going through a tribunal is going to be stress free.

Good luck either way.

Drawweight

3,104 posts

123 months

Wednesday 8th June 2022
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Setting aside your father dying, divorce etc the issue that started it is the behaviour of you manager.

The really important thing is if all the external points are ignored have you got enough of a case against said manager or the company?

This is where you need a good employment solicitor who can either encourage you to go ahead or like posters on here just tell you to let it go.

Nobody on here can really say go for it or not based on the facts but only on the effects it may have on your mental health.

superlightr

12,900 posts

270 months

Wednesday 8th June 2022
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my thoughts are with you OP.

Apart from all of the other issues with regards to losing a parent and a dog - yes had the same (also wife lost her Mother as well all within a few months too) was/is such a hammer blow.

Pets are like children, Parents you think will be there forever and dont realise the core foundation their loss has until it happens.


Stay strong and positive. Keep posting on PH your thoughts - PH helped me a lot.


Shnozz

28,008 posts

278 months

Wednesday 8th June 2022
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Your profile doesn't allow for emails (presumably as its a new one you have set up). If you want to mail me through my profile I can refer you on to a very good employment solicitor if it would assist.

Mr.Chips

1,041 posts

221 months

Wednesday 8th June 2022
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Good luck OP. Some employers have absolutely no soul.

StevieBee

13,595 posts

262 months

Wednesday 8th June 2022
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From what you have described, whilst perhaps morally questionable, the company doesn't appear to have breeched any employment law. In fact, to support any non-productive employee for two years may even be seen as overly generous.

If so, any legal challenge would have to be focused upon the reason for your protracted absence - the conduct of your manager. Unless you have documented, medical evidence and/or documented evidence of the their actions that this was the case, proving this might be difficult.

A good lawyer could argue the case well and the likely outcomes would be that the company pays you to avoid being dragged through the mud, or the case gets bogged down for years going back and forth for what seems like for ever.

Having locked legal horns with American companies in the past, I'm afraid to say the latter is more likely.

My advice would be to take what they're offering in order to close off that chapter of your life so you can move forward to a brighter, more positive one soon as.

I wish you well.




anonymous-user

61 months

Wednesday 8th June 2022
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StevieBee said:
From what you have described, whilst perhaps morally questionable, the company doesn't appear to have breeched any employment law. In fact, to support any non-productive employee for two years may even be seen as overly generous.

If so, any legal challenge would have to be focused upon the reason for your protracted absence - the conduct of your manager. Unless you have documented, medical evidence and/or documented evidence of the their actions that this was the case, proving this might be difficult.

A good lawyer could argue the case well and the likely outcomes would be that the company pays you to avoid being dragged through the mud, or the case gets bogged down for years going back and forth for what seems like for ever.

Having locked legal horns with American companies in the past, I'm afraid to say the latter is more likely.

My advice would be to take what they're offering in order to close off that chapter of your life so you can move forward to a brighter, more positive one soon as.

I wish you well.
Absolutely this.

Just take what they are offering and move on. Put it behind you.

Onwards and upwards.

Puzzles

2,454 posts

118 months

Wednesday 8th June 2022
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One month per year is decent imo, I’d take it.

Do you know if they will also pay your notice period?

TwigtheWonderkid

44,678 posts

157 months

Thursday 9th June 2022
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Hiding_My_Username said:
Thankfully I’m still bring paid via their insurance but they want me to settle (no idea how much) and go through with the redundancy.
I bet they do.

You say further on that you have no idea about the insurance. That's the first thing you need to address. You need to get a copy of the insurance policy, that sounds like it could be some kind of permanent health cover. As you say you were quite high up, this could pay as much as 2/3rds of your annual salary, indexed linked, until state retirement age. If you can get medical proof that you can no longer do your job. Or it might be nothing like that.

Until you know what the insurance cover gives, you can't really make any decision on what to do.