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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6305
Experience:  Over 10 years experience in general legal matters
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I am currently on sickleave due to stress and anxiety caused

Customer Question

I am currently on sickleave due to stress and anxiety caused by my manager who I felt bullied me and treated me different from rest of my team. I employed a Indepentant Trade Union Rep who has taken my case. Rather than go for Constructive Dismissal he is trying for a settlement for health reasons. I am 60 this December and work 31hrs a week. What amount should I expect? Chris
Submitted: 5 years ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 5 years ago.
Hello and welcome to Just Answer, are you actually working there at the moment?
Customer: replied 5 years ago.
Im currently on sick leave with stat.pay since April 2011.
Expert:  Jenny Mackenzie replied 5 years ago.
can you briefly explain the nature of your complaint against your manager?
Customer: replied 5 years ago.
I was constantly picked up by her on nearly everything I did. i was having monthly supervisions that were not done in accordance with the Company Policy & Procedure. She called me often to say what i had done wrong.She got staff to report on me and never asked for my side of story. It went on some a few months and getting worse. Then after Christmas 2009 things came to ahead and I was suspended. I got advise from Solicitor who recommended me a Trade Union Rep who took my case for bulling and unfair treatment and Grievance against my Manager. After 9 months although the Grievance was not upheld it was agreed that a line would be drawn under what when on before and I returned to work in October2010. My Rep told me he would give it 6 months before she started again, but it started only after 5 months. There were grievances against her I went of sick with High blood pressure, depression, stress and anxiety in April 2011.
I had to have a medical report done which backed up my case. I agreed to mediation but they uses someone from the Company and it failed as they did not follow procedure.The current situation is that my rep has got involved again and there is no way I can now return to work.
Expert:  Jenny Mackenzie replied 5 years ago.
Have they suggested that you could be retired on the grounds of ill health.

Are you fit now to work in any capacity for any employer?
Customer: replied 5 years ago.
My Union Rep is now in contact with the H.R Manager after informing him that they have not following their own P & P in regards XXXXX XXXXX conducting a correct mediation. Deciding that 2 grievances that my rep raised in a letter to them was not seen as grievances. My rep knows that the Company has made it impossible to go back because of my health and rather me taking them for constructive dismissal is going to ask a payment for me to leave. My rep has also informed them that they have not followed the code of conduct set out by ASCAS and I may have a good case) I am 60 in December and had planned to retire when 65 from the job that I love and good at. I do not think I will get another job at my age and i dont get my state pension now till I am 61years and 8months under the new pension changes.

All I want to know what kind of figures I expect to be given or find a Solicitor to go for Constructive Dismissal. I am aware I would have to resign first and will cost me several £1000's.
Expert:  Jenny Mackenzie replied 5 years ago.
Hi if you were successful in a constructive dismissal claim then you would be compensated for loss of earnings subject to a duty to mitigate loss and a statutory limit of £80,400.

Therefore theoretically your claim could be your salary until your retirement date.

It is unlikely that such an award would be made in reality due to the fact that there is a duty to mitigate loss. If you are permanently incapable of work then you should be able to access your pension and the loss would be the shortfall between that and your salary.

It is therefore quite a difficult task to assess the amount of money you should seek. I would suggest that your starting point should be that you will claim if they do not make you an offer and ask them to make you an offer, six months salary is normally the average maximum award so you consider that a reasonable offer.

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Customer: replied 5 years ago.
Beside my salary can I ask for the salary I lost while I was off ill due to the stress and anxiety my Manager caused me. I have never been off ill before in all the year I have worked. It affected not only my health but but stress on my family.
Expert:  Jenny Mackenzie replied 5 years ago.
You can ask for it to be considered in the offer.

It is not a head of loss in the employment tribunal though, this would only be for future lost earnings.

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