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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Sorry for the long post in advance. I work in a bank and returned

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Sorry for the long post in advance. I work in a bank and returned to work after 1 year maternity leave from having twins last year in April. My department only allowed me 4 weeks gradual return to work, although in my circumstances the Group allowed 12 weeks. The return to work started straight on 4 hours a day everyday and when I spoke to my manager about giving me more time to settle back into work, I was told that's all the business could allow. I was suffering from post-natal depression when i came back to work and made my manager aware of it. I was having counseling sessions only at the time. I was in he hope that returning to work would help my recovery. However, just 2 months back into work, I was put on a performance improvement plan because my performance was low compared to my peers. This lasted 10 weeks, during which my condition deteriorated. I was often in tears during my review with my manager, and experienced panic attacks several time, with constant chest pains and my memory started deteriorating as well. This was never recorded by my manager and although I tried to let them know the added pressure was not not helping my health, they completely ignore me and several times was i told they had a business to run. I had to write an article as part of the performance improvement plan to show my communication skills and due to the above mentioned issues, I could not produce the article on time. Again I explained i had concentration issues and was told i had an additional week to produce the article, if not this will have to lead to disciplinary. I had to get my partner to help me with it at home so I could produce it on time. I managed to pass complete the performance improvement plan, only to be rated as under performing for the year, which I found totally unfair. I planned on raising a grievance after meetings with senior managers left me hitting a brick wall. But my mental health had become so deteriorated that I could hardly take care of my children or myself at that point. In the meantime, I was on counselling and medication. I left work off sick in February this year and returned in September. However, I could not stay for more than 3 weeks and went off sick again, but the pressure put on me was so high ( manager demanding i see my GP, calling several times a day to make sure I had gone to my GP). I was only off for a week, but all the phone calls from my manager created so much stress i decided to resign. As I did not have any sick pay left, my return to work from the anxiety and depression was managed by Aviva, who offered to pay me a proportionate benefit during my gradual return to work period to make sure I did not experience a loss of earnings. But I found out I was only paid for the hours I worked, which pay HR told me was instructed by my former manager. I spoke to her and she claims not to know anything about it. They wrongly deducted some money from my bank account and every time i call to sort it out I am sent from pillar to post. I feel since I came back from my maternity leave, I had been treated so unfairly, unsympathetically and my employer had completely failed in its duty of care towards me. My GP and my counselor agree that the lack of support at work and the amount of pressure i experienced when i went back to work have made my condition much worse. Is there anything that can be legally done to get compensation from my former employer? Thank you... Rosie
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. On what date did your employment end?

Customer:

it ended on 18 september 2014

taratill :

Ok thanks how long did you work there in total?

Customer:

i started there in august 2007

taratill :

Ok thanks, ***** ***** awful you have been treated this way if your managers were aware you were suffering from post natal depression. It is my view you can bring a claim of both constructive unfair dismissal and sex discrimination as the reason for the PND was pregnancy related. I would not let this go as it is really unfair that you have been treated like this. You can raise a claim against your employer. You will need to first engage pre-claim conciliation via ACAS details of which you will find at http://www.acas.org.uk/earlyconciliation and then lodge a claim. It is likely that the employer will not want to fight this and will settle.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.Thank you and all the best.

Customer:

Thank you for that. Is there a time limit within which I should contact ACAS?

taratill :

You need to do it straight away as you only have 3 months from the date of termination to raise the claim.

Customer:

would you recommend doing it through a lawyer or alone?

taratill :

It depends on your financial circumstances. You can do it alone but it is better to have a lawyer involved if you can afford it.

Customer:

Thank you. You've been very helpful

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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