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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10457
Experience:  Barrister 17 years experience
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I'm currently off work sick due to work related stress

Customer Question

I'm currently off work sick due to work related stress caused by the behaviour and treatment towards me by my manager. My manager and HR are aware of the reason why I'm off sick. HR is also aware of the situation with my manager. The company's employee relations specialist has tried to contact me but I'm apprehensive about speaking to them as the work related stress is caused by my manager. My union are also aware of my case. Just wondering if you could please advise me.
I appreciate your help with this matter
Kind Regards *****
Submitted: 11 months ago.
Category: Republic of Ireland Law
Customer: replied 11 months ago.
There's a history with my manager and I've previously been off work for the same reason. Human Resources Director is aware of the situation with my manager. I have not yet proceeded with a formal complaint. Could you please advise me how I should proceed.Regards
Expert:  Buachaill replied 11 months ago.

1. Dear Fiona, I would suggest you engage in mediation or if it has not been suggested, that you suggest it yourself to see if the issues arising with your manager can be sorted out. Ultimately, unless you make a formal complaint, you have no justification for being off sick. So, at this juncture, you need to make a formal complaint. Under the Equal status Act, an employer is liable, as well as the employee, for any acts of bullying or harassment carried out by their employee/manager. So here, you can sue for the work related illness you have suffered as a result of the behaviour and treatment of your manager. However, it will not look good in a court case if you never made a complaint about the behaviour of the manager who you are alleging bullied and harassed you.

Expert:  Buachaill replied 11 months ago.

2. So, at this juncture, you should do three things. Firstly, make a formal complaint about the behaviour of your manager at work. Make clear this is causing you to become sick. Make clear that you believe you have a claim under the Equal Status Act for the bullying and harassment which is making your sick. Secondly, suggest that the issues needs mediation with the involvement of you, the manager and the employer. You can also include your union rep. Thirdly, get a medical or psychiatric report compiled for any work related claim you might make later on. This will show a consistent pattern of work related stress and bullying which caused your illness.

Expert:  Buachaill replied 11 months ago.

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