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Do I need a Solicitor in Employment Law?

  • 24-05-2012 1:23am
    #1
    Registered Users, Registered Users 2 Posts: 533 ✭✭✭


    I experienced a number of domestic / financial difficulties which made travelling to work extremely difficult and I ended up suffering from extreme stress and depression. I approached HR in an effort to sort things out as I was on medication and subsequently had a lot of time off due to the depression and stress. At the time my employer was offering the option of working from home which I applied for and I also sought a transfer closer to home. At no point was there any issue over the quality or quantity of my work - if anything there was an over-reliance on me which added to the pressure and stress.

    Ultimately after a long period of back and forth with Head Office HR I was told I could move closer to home... but I had to take a demotion. I felt I had no other option and accepted this offer.

    Recently I had sight of my personnel file and discovered that the HR unit in Head Office had instructed my local management in my previous job to take into account my personal circumstances and offer as much flexibility as possible. This flexibility was also to be monitored by Head Office. This however was not how I was treated, I was criticised by local management for taking sick leave, my desk was moved with all my personal belongings dumped in a chair while I was on sick leave and my union had to intervene on two separate occasions where I was being treated unfairly. Thinking back on it now that I'm free of medication & depression I think the treatment I received in my old position had an awful lot to do with the stress and depression I suffered. I should also point out that I've had very little sick leave since the move.

    A number of other people have been transferred without financial cost both prior to and subsequent to my transfer. Sorry for the long winded post but it’s getting to me wondering if there is anything I can do about this at this stage? Would it be worthwhile seeing a solicitor or going through a grievance procedure? Would I need a Solicitor specialising in Employment Law? How long do I have to take action if any?


Comments

  • Registered Users, Registered Users 2 Posts: 28,340 ✭✭✭✭drunkmonkey


    You can't get legal advice here. If you feel you were wronged go see a solicitor.

    Personally I think they have been supportive of you and if your head is in a happy place now I wouldn't start legal action against your employer. You have to remember your stress and depression was also stressing other people, if everything is ok I'd let it slide and concentrate on things that make you happy.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Not legal advice as above poster but I would have a to agree with Drunk - if things are okay now I'd leave it alone. This isn't ideal but given you are now on the road to recovery I wouldn't rock the boat. It's not worth it from the point of view of your health.

    I'd also say your employer as a whole handled the situation with some flexibility and understanding. Unfortunately there will always be managers with poor skills taking the hump because they've been landed with a problem.

    If you want to go down the solicitors route there are a fair few out there that would asses the case for little or no money so use the correct economic climate to your advantage and shop around. That said bear in mind the current climate when embarking on this.


  • Registered Users, Registered Users 2 Posts: 533 ✭✭✭Claregirl


    Thanks very much for the posts! It's kinda hard to explain but I have always been a model employee (even if I say so myself) and I've always worked hard and achieved good results it was more the fact that I had to take a demotion to get the transfer whereas others didn't. I am still doing equivalent work in my new location just not getting paid for it!

    One of the people transferred without being demoted would have been junior to me and is now as a result of my demotion higher ranking than I am and has caused nothing but problems and conflict since his move. It has been suggested to me that because he shouted loudest and was seen as a "problem" case it was dealt with by moving the problem and not solving it.

    I am in a good place now mentally and work wise but it's one of those things that every so often niggles at me and keeps me awake at night! I suppose I just need to draw a line under it once and for all and move on! I just wanted to make sure that I had gone down every avenue and would be left with no regrets or if only's!


  • Registered Users, Registered Users 2 Posts: 28,340 ✭✭✭✭drunkmonkey


    Yup, draw a line under it.

    Sometimes the best course of action is no action. The opportunity to make more money will come just be ready to grab it when it appears.


  • Registered Users Posts: 181 ✭✭Morte


    A very minor assumption but I presume you wanted to move straight away whilst the others were happy to wait for a role they wanted? They would have needed a vacancy before they could give you anything.

    I wouldn't think too much on HR's notes. They would have given the nicest, fluffiest advice possible so that if you ever did take legal action then their own ass would be covered. If their advice completely ignored the reality of trying to run the business without you that was local mangement's problem, not theirs.


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