Information About Health & Workplace Bullying
Legal & Work Issues

Other pages:Misconceptions You & the Health System

Sometimes it is hard to admit that you are stressed, depressed or just suffering from bullying. And when you do decide to admit it, you may have reservations about telling people or taking medication. Here is some important information on what you may experience and what work issues you may need to know about. You may also wish to check out the 'Experiences' section in jfo:i.

You need to let your employer know if you are suffering depression so that they may help you by way of reasonable adjustments and also legal cases need proof of 'foreseeability', i.e. a company knew there was an issue and did nothing to prevent further damage. Any further bullying or lack of response to your stressors is a clear breach of their duty of care.

On the other hand, extended sick leave allows them to terminate your employment on the grounds of frustration of contract. You may also be 'viewed' differently and you may feel that the bully will say that this confirms your weaknesses etc. This is a difficult one and can be summed up as: damned if you do, damned if you don't.

Make sure that you let your doctor know what stressors you feel have contributed to or caused your depression. Do not be afraid to admit to your doctor that you are being bullied. Although you may initially think that it only happens in school playgrounds, it does not so you are not childish for complaining of being bullied or by admitting you are unable to sort it out - bullying is not a normal situation that you can deal with in any normal way.

Legally, your case can hinge on having the 'right' diagnosis. Stress is a collection of symptoms and not a psychiatrically recognised illness. If you are signed off with stress, whether listed as work stress or not, you will not have a claim for personal injury in a tribunal or civil court. Depression is a psychiatrically recognised illness and therefore will allow a claim. If your doctor recognises the causation and diagnoses reactive depression, then all the better for evidential reasons. Anxiety, dysthymia and PTSD etc are also psychiatrically recognised illnesses. If your doctor is listing stress, please discuss this with him as soon as possible to protect yourself in the future. You may not know whether you will go legal at this stage but it is best to work on a worst case scenario - however optimistic you are.

For legal reasons, it is important to notify your employer of the bullying and your depression - and let them know that it is caused by the stresses at work. All complaints about the cause of the depression (bullying) should also be made in writing, preferably using the grievance procedures for legal reasons (whether you know at this stage that it will go legal or not). From this point they are now on notice that should they fail to make suitable changes to your work environment or carry out a risk assessment, they are breaking health and safety laws.

In most cases, employers are only liable from the time they are made aware of the situation. Because stress is so prevalent and therefore an inherent risk of workplaces, employers should have the onus put back on them to provide evidence as to why they should not be liable for employees welfare all the time.

If any further incidents occur at work once you have notified them of your depression, you should note the incident down in the Accident Book, contact your H&S representative (in writing) and ask them to arrange a Risk Assessment. Not only should this ensure that action is taken, it should also tie up any doubt or argument later in court that your employer was 'unaware' of what they may later say were 'your problems'. Stress at work and any depression caused by it is most definitelytheir problem, although they will do their utmost to wriggle out of it - take precautions to prevent that.

'They want to do what?!' You go through the harrowing experience of being bullied, you may have depression or other health problem because of it, you may have had a breakdown, the list goes on. And then for good measure, your employer notifies you that they are going to 'sack' you for being ill, even though they made you ill - surely they can't do this?!

Well, sadly they can. It is what is known as (UK) Frustration of Contract and means that you are unable to fulfil your side of your employment contract. It is not a case of 'could but won't', which would be a grievance issue, but one of 'would but can't', which is a medical incapacity issue. Make sure that you have all the company policies that relate to this and that they are followed to the letter. If they do not, then you may have a claim for unfair dismissal, depending on the circumstances.

For ill-health retirement, the criteria will broadly need the proof that there is permanent ill-health or unable to work in any capacity in the foreseeable future. Permanent ill-health through depression may be decided on the basis of at least one year of care under a consultant psychiatrist with 2 or more failed treatments, although this will differ so please check the criteria for your employer. Failed treatment may mean that you have attended some psychological treatment and not responded, or may have been unresponsive or unable to tolerate medication.

For any claim for disability discrimination for depression etc, the condition must be pre-existing i.e. you had the illness before the act you are complaining of. To be qualified as disabled, you must have been diagnosed as having the illness for at least 12 months.

Tribunals may allow an extension of time limits if there was good reason you could not apply in time, such as your illness. It would need medical proof that this was the case and is not particularly easy to claim. If you can, always make sure you get your claim submitted in time.

The legal issues will be dealt with in more detail, including case references, in the 'taking action' section.

If this area interests you, you may wish to take a look at the Experiences section.