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Employer duty of care?

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  • 02-09-2016 10:46pm
    #1
    Registered Users Posts: 10


    Hi...just wondering if anyone can tell me what responsibility an employer has to their employers when it comes to duty of care. Over the past 15 months I have been signed off on work related stress by my doctor on a number of occasions. 1st time I got a call from employer telling me to call a confidential service if I felt the need to talk to someone. On return to work everytime no one talks to me about the reasoning on why I was signed off on WRS and am left to just get on with it. I am also treated differently to other work colleagues and get verbally attacked in department meetings by my manager. I never get replies to emails I sent in looking for answers/guidance on work issues outside of my control and I never get any reply which is effecting me in carrying out my work effectively....it's very frustrating...it's am wondering if anyone else is in the same position and what my options are if any....thanks in advance.


Comments

  • Registered Users Posts: 5,105 ✭✭✭Mech1


    Ahh feckin man up and stop thinking your some delicate little flower.

    if you cant stand the heat etc....


  • Closed Accounts Posts: 1,836 ✭✭✭BigCon


    Only advise I can give is to look for a new job...


  • Closed Accounts Posts: 125 ✭✭imnorobot


    Mech1 wrote: »
    Ahh feckin man up and stop thinking your some delicate little flower.

    if you cant stand the heat etc....
    Take no notice of this lad

    Best advice is as pointed out
    Look for something else and walk away
    Good luck


  • Registered Users Posts: 10 Dublinblues


    Mech1 wrote:
    Ahh feckin man up and stop thinking your some delicate little flower.


    Thanks for your pointless post...let's hope you never find yourself in such a position...


  • Registered Users Posts: 5,105 ✭✭✭Mech1


    Its not pointless, its life, get on with it or move on, if your too stressed out in the job its not for you. go do something your capable of.


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  • Registered Users Posts: 10 Dublinblues


    Mech1 wrote:
    Its not pointless, its life, get on with it or move on, if your too stressed out in the job its not for you. go do something your capable of.

    I am more than capable of doing my job thank you...you have a very dim view if that's what you see as life...


  • Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    Is work causing the stress?

    This issue borderlines medical/ work so you need to be sure. Companies do have a duty of care but im not sure what end you want it to go to.

    Some companies will help (mine would) a lot wouldnt.


  • Registered Users Posts: 10 Dublinblues


    dreamers75 wrote:
    This issue borderlines medical/ work so you need to be sure. Companies do have a duty of care but im not sure what end you want it to go to.

    dreamers75 wrote:
    Is work causing the stress?


    I love what I do...the stress comes from management level and not getting direction in order for me to do my job effectively.


  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    Work place stress is a recognised workplace danger, if they fail to address it, it can be seen as a safety issue...they can be sued for not providing a safe place of work.


  • Registered Users Posts: 29,514 ✭✭✭✭Wanderer78


    Mech1 wrote: »
    Ahh feckin man up and stop thinking your some delicate little flower.

    if you cant stand the heat etc....
    Mech1 wrote: »
    Its not pointless, its life, get on with it or move on, if your too stressed out in the job its not for you. go do something your capable of.

    im shocked and saddened by these remarks. work related stress is a very serious problem, ive seen it cause quite serious mental health issues in people, to the point of suicide. a friend of mine died during the week, even though he died of a massive heart attack, he suffered with serious mental issues his whole life, partly due to work related stress. people were advising him to leave his job but i suspect he got caught in a trap. he like many had responsibilities, i.e. partner, kids, mortgage etc etc. many tried helping him throughout his life including professionals, but it wasnt to be. his working environment had become toxic for him but for whatever reason, he didnt leave. his mental issues became so great, he actually didnt know how to help himself. your comments are very derogatory and insulting. please think about these complex issues before typing. thank you.


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  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    Mech1 wrote: »
    Ahh feckin man up and stop thinking your some delicate little flower.

    if you cant stand the heat etc....

    People like you are probably the issue in many workplaces.


  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    This is the kind of guy Mech1 is....


    "My eldest turned 18 last month, on the day of his birthday I sent him off to get me a few cans, with passport in hand"


    Classy :-/


  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    And also makes comments like this about Muslims...


    "Your just papering over the cracks, look for the towel headed elephant in the room"


  • Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    I love what I do...the stress comes from management level and not getting direction in order for me to do my job effectively.

    So to what end do you want this to end? You will need to be sure of what you want and need and get that by means only you can do.

    Your options:
    Make a confrontational stand directly and win/lose.
    Lockdown your job and stick with that your good at.
    Simply ask for direction in passive way.

    I would suggest do what suits you.
    Work place stress is a recognised workplace danger, if they fail to address it, it can be seen as a safety issue...they can be sued for not providing a safe place of work.

    really? Can you link to that part of the workplace safety act or LRC decision?


  • Registered Users Posts: 1,813 ✭✭✭Wesser


    Is this true? We are not ever meant to feel any kind of stress at work at all? I have never ever worked a day without stress.


  • Registered Users Posts: 29,514 ✭✭✭✭Wanderer78


    Wesser wrote: »
    Is this true? We are not ever meant to feel any kind of stress at work at all? I have never ever worked a day without stress.

    theres good and bad stress. bad stress is, well bad for you. it is a type of anxiety, which is bad as if it is not dealt with correctly and efficiently, can lead to more serious mental health issues such as depression etc.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Mech1 wrote: »
    Its not pointless, its life, get on with it or move on, if your too stressed out in the job its not for you. go do something your capable of.

    So you support a bullying culture in a business?


  • Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Hi...just wondering if anyone can tell me what responsibility an employer has to their employers when it comes to duty of care. Over the past 15 months I have been signed off on work related stress by my doctor on a number of occasions. 1st time I got a call from employer telling me to call a confidential service if I felt the need to talk to someone. On return to work everytime no one talks to me about the reasoning on why I was signed off on WRS and am left to just get on with it. I am also treated differently to other work colleagues and get verbally attacked in department meetings by my manager. I never get replies to emails I sent in looking for answers/guidance on work issues outside of my control and I never get any reply which is effecting me in carrying out my work effectively....it's very frustrating...it's am wondering if anyone else is in the same position and what my options are if any....thanks in advance.

    Yes, employees have a duty of care when it comes to their employees well-being. It is a simpler duty to meet when it comes to physical safety and conditions, mental health and behavioral issues can be a lot trickier to deal with.

    A question, how much of your Work Related Stress (WRS) issue have you shared with your direct manager? Have you communicated clearly to him (& HR what the source of the stress is? Have your discussed what needs to change to improve your work environment, if so what was their response, if not why not?

    In some environments, returning from work from any illness is treated with the care and compassion required, in others, your presence is taken to mean that you are 100% ready to resume where you left off, with no change. It is not unusual to be referred to an outside service, managers are not qualified to give professional healthcare advice, even if the source of the stress is in the workplace. What advice did the confidential service give you, did you implement it?

    On the issues that you raised, are other employees affected in the same way? Or are your employers targeting your only?

    If it is a truly poisonous atmosphere, then I would advise moving on, your health is too important to risk it for a job..


  • Registered Users Posts: 1,813 ✭✭✭Wesser


    Can someone please clarify for me...... If you feel stressed at work, your employer has a duty to address this ???!!!!

    Surely nearly everyone feels stressed at work.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Wesser wrote: »
    Can someone please clarify for me...... If you feel stressed at work, your employer has a duty to address this ???!!!!

    Surely nearly everyone feels stressed at work.

    The OP said " I am also treated differently to other work colleagues and get verbally attacked in department meetings by my manager. I never get replies to emails" which may lead to stress. Also the company is aware the OP had issues. So yes a company may be liable.


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  • Registered Users Posts: 10 Dublinblues


    A question, how much of your Work Related Stress (WRS) issue have you shared with your direct manager? Have you communicated clearly to him (& HR what the source of the stress is? Have your discussed what needs to change to improve your work environment, if so what was their response, if not why not?


    I have explained verbally and in writing the causes to them and how I feel to them, never get replies to my emails or memos and they told me they would deal with the situation but never do...

    If I like many people could walk away from this I would but I have family, mortgage etc to think of....


  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    Wesser wrote: »
    Can someone please clarify for me...... If you feel stressed at work, your employer has a duty to address this ???!!!!

    Surely nearly everyone feels stressed at work.

    Because unreasonable/ unmanaged stress creates a danger to health, your employer has a duty to provide you with a safe place of work.

    What's not understandable about that, it's simple enough.


  • Registered Users Posts: 31 ZiggyBean


    Just curious, what do you do for a living OP? Your situation sounds extremely familiar to my work place, so can fully understand your plight. Personally I feel it is down to bad management in my company. I.e. People put in management roles who are basically incapable of managing anyone but themselves. Or are so equally stressed by there own roles and responsibilities can't see past it.


  • Banned (with Prison Access) Posts: 147 ✭✭Ericdravancrow


    I am a civil servant

    Be careful giving out info...you never know who is asking ;-)


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    I am a civil servant

    Get copy of the bullying and harresment policy and complaint policy then follow the procedure.


  • Registered Users Posts: 126 ✭✭DI Dwyer


    OP. You should speak to your union or association and ask for advice as to how you should proceed in order resolve your work issues. Alternatively, seek the advice of an independent HR company. The ind HR co will charge for their advice but it is not excessive. 'HR Doctor' might be a place to start (no connection).
    Regardless of who's right or wrong, your situation needs to be resolved.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Mech1 wrote: »
    Ahh feckin man up and stop thinking your some delicate little flower.

    if you cant stand the heat etc....

    mod
    Mech1do not post in this thread again

    Everyone else please get back on topic


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    The civil service have a bullying policy and people within the structure to whom you can go in such an event.
    I suggest you read it and make contact with them.
    In my building the list of names is on the wall.


  • Banned (with Prison Access) Posts: 1,012 ✭✭✭2RockMountain


    The civil service have a bullying policy and people within the structure to whom you can go in such an event.
    I suggest you read it and make contact with them.
    In my building the list of names is on the wall.

    Yes, you should also have an employee assistance officer who is designated to provide support. There may well be an external employee assistance programme that can provide legal or other advice to you by phone also. You should also look to your union for support, and if you're not in the union, join up now.


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  • Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Wesser wrote: »
    Can someone please clarify for me...... If you feel stressed at work, your employer has a duty to address this ???!!!!

    Surely nearly everyone feels stressed at work.

    Stress is a continuum from none where little work is done, through a healthy level of motivational stress all the way to a debilitating level of stress that impacts both mental and physical health.

    There is Good Stress and Bad Stress

    Managers, by the nature of their jobs create some stress to drive productivity, this can come in the form of productivity targets, quotas, continuous improvement programs, annual goals, etc. For others this stress is internally driven as people want to push themselves to perform and succeed.

    The problem comes when the work environment or behaviors of co-workers results in an unhealthy level of stress. In that case the manager has a duty of care to the employee to address the issue once it has been identified. (Note, that the manager is not a mind reader and while a good manager will probably pick up on a struggling employee, it can often be very difficult to detect. So the first step should be to inform the employer of the issue.)


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