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Author Topic: Depression  (Read 9663 times)

Nightslave

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Depression
« on: 13-02-20, 01:20PM »
There is a member of staff in our store who posted on his own Facebook page that he was going to take his life at home, picture included a vast quantity of different pills. He has been told its gross misconduct to post stuff like that. Ie. It impacts other members of staff to carry out their jobs etc and for other people who suffer from mind depression. I gather he did it as a cry for help as a last resort. Any feedback on this matter, is it likely to go to a disciplinary hearing etc?

NightAndDay

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Re: Depression
« Reply #1 on: 13-02-20, 01:25PM »
If his depression is documented by Tesco, then they're liable to be sued for unfair dismissal if they do fire him under failing to provide duty of care. Not 100% sure how this translates to the equality act 2010 in regards to his condition be treated as a disability and it being recognised by the act as such, but potentially disability discrimination as well.

If the post on social media isn't about Tesco then it doesn't breach Tescos social media policy. If he does get fired as a result of this unfair dismissal along with other damages will be found heavily in favour of the employee.
« Last Edit: 13-02-20, 01:26PM by NightAndDay »

baldeagle

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Re: Depression
« Reply #2 on: 13-02-20, 02:47PM »
The member of staff should be seeking urgent medical help. Has this person seen a GP or other medical professional.I would not be worried about any action being taken against me.But would be looking for medical help for my depression.

penguin

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Re: Depression
« Reply #3 on: 13-02-20, 02:56PM »
No way that should go to a meeting, well other than one asking if the person who posted it needs any support, any attempt to take this to a discipline meeting should be grevinced immediately.
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lucgeo

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Re: Depression
« Reply #4 on: 13-02-20, 06:38PM »
Now then is this colleague a prankster or a habitual attention seeker? If he is a bit immature and it appears from his demeanour in the following days, that he was having a laugh...then I would expect his manager to have a one to one, and point out the silliness of it, and perhaps the insensitivity of the posting, but leave the door open for him to seek further chats,  if he is indeed feeling depressed or worried, but hiding behind the bravado.

Who has told him its gross misconduct? Has he had an investigation and disciplinary meetings?
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King1999

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Re: Depression
« Reply #5 on: 13-02-20, 07:56PM »
Tesco has a duty of care to provide a safe place for its employees,customers and anyone else who enters their buildings.This covers a safe envoirnment for physical and mental well being.........I don't know the full details of the above but the company does seem to be hiding behind a lot of help lines and self help.Not good enough,in my eyes,and they are wide open to be sued........for example when they get rid of large groups of people through so called restructure there should be plans in place to ensure anyone directly affected are not going through things like depression etc......pretty sure the caring bunch of twats in charge at the minute haven't given things like this a second thought.In my store I would say the mental health barometer isn't good.Twatco I'm your going to get a hammering in the near future for it.
In a meeting tomorrow about a situation where someone didn't give a s*** about their staffs stress,the company better start preparing itself mental health is something they are directly accountable for no matter how many apps they try to hide behind.

lucgeo

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Re: Depression
« Reply #6 on: 13-02-20, 08:51PM »
I did make my feelings clear, in the May redundancy cull, that at no time, did Tesco provide any sort of support, by way of advisors on what help, contacts or benefits on offer to those being made redundant. They could have invited people in for a couple of days a week to advise on pension, shares, possible grants, council tax discounts, retraining programmes etc...only on this site was I made aware of being able to claim job seekers allowance for the six months, and it wasn't means tested.
All the  SM was interested in, was trying to bully people into taking a drop in hours, after 3 months previously, categorically stating "no redundancy". All the managers were interested in, was getting the staff pick up the s*** hours or Sunday's, making out they were doing them a favour. I still have my fingers crossed that the service manager gets what's coming to him, for the below belt antics he tried on me!
What was a very upsetting and unsettling time for everyone, was used and abused by the majority of them to work it to their benefit.
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Statham7

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Re: Depression
« Reply #7 on: 20-02-20, 12:24PM »
I myself have suffered with depression for almost 3 years and the company have never done anything to help my illness. For the second time I have just been informed that my job role no longer exists, no offer of redundancy though, they have attempted to change my hours for ones they know I am unable to do.. Yet after the latest redundancies in our store a member of staff who was due to be made redundant was given hours working alongside me, his job still exists and as awful as it sounds I feel like because he has a physical disability that it looks good for them & when I questioned why was he retained on my department I was informed he was actually contracted  officially elsewhere. My mental health has taken another huge battering and I am now off sick again. I am prepared to fight this as much as possible and would appreciate any advice anyone can give me.

King1999

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Re: Depression
« Reply #8 on: 20-02-20, 02:53PM »
Not all disabilities are visible think we've all had some training around that,that would be my first challenge to them.Mental health is a serious illness and the company needs to face up to the fact it's damaged a lot of people of late and admit to it.

Statham7

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Re: Depression
« Reply #9 on: 21-02-20, 10:47AM »
Yes I couldn't agree more, I have a meeting coming up with them and I am going to approach the subject with them again. Thanks for your advice.

Moderator Comment Please do not quote immediately prior post(s).
« Last Edit: 21-02-20, 11:59AM by Nomad »

lucgeo

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Re: Depression
« Reply #10 on: 21-02-20, 11:50AM »
I'm not understanding this...if the colleague is contracted to another dept, then his hours sit on that dept, so shouldn't be in the equation for your dept's hours. If you have been informed your job role no longer exists, then it is a redundancy issue. You should have been given an availability form for the most / least hours and days you are able to work, and if they don't fit with the hours/ days being offered, then it is a redundancy issue.
If the colleague is doing the same, or very similar shifts/hours/days to you, then to retain him on a dept he is not contracted to, could serve as a detriment to you! They can't just be PC to someone with a disability as it then becomes a reverse prejudice situation against you. It's all very well supporting disabled colleagues, but it must not be at the detriment of non disabled colleagues.
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Statham7

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Re: Depression
« Reply #11 on: 27-02-20, 09:19PM »
Hi sorry I have only just seen your post. I've had my meeting, informed them that I have been given no availability form and no offer of redundancy because they claim I will naturally be dissolved into another department. They are attempting to bully me into returning to work otherwise I go down the route of them getting rid of me. I am absolutely fuming but broken at the same time, I'm never going to get them to see what this company has done!

lucgeo

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Re: Depression
« Reply #12 on: 27-02-20, 10:02PM »
Well you really need to speak to a rep or phone ACAS advice regarding this, as somethings not right...they have told you your job no longer exists yet they are keeping another colleague, with similar hours on your department, whose hours sit another department? They have not given you an availability form but are ?dissolving? your hours into another dept? What does that even mean?
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Statham7

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Re: Depression
« Reply #13 on: 02-03-20, 03:52PM »
I've been in touch with ACAS and they advised putting in a formal grievance. So that's what I'm going to do, thanks

lucgeo

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Re: Depression
« Reply #14 on: 02-03-20, 09:17PM »
Good luck...stand firm and don't let the barstools get you down  :thumbup:
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Redshoes

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Re: Depression
« Reply #15 on: 03-03-20, 07:53AM »
Unless it is a role removal and no other compatible jobs it is not a redundancy situation. We have a broader job title now and that applies to all. When a restructure comes down it will be soft structure or redundancy. If soft it will take longer to go to redundancy but the outcome is not decided at store level. What you have been offered, your meetings will form part of this. It's what happens to you personally that matters but if hours have been given to someone else during consultation this will also be part of this. It's not about what someone else has been given unless it's out of process.

NightAndDay

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Re: Depression
« Reply #16 on: 03-03-20, 08:37AM »
That's all well and good but this thread is about being victimised because of suffering from depression, nothing to do with redundancy.
« Last Edit: 03-03-20, 08:38AM by NightAndDay »

Dougall

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Re: Depression
« Reply #17 on: 03-03-20, 09:38AM »
Other people have already diverged the thread onto redundancy, so the post is relevant

King1999

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Re: Depression
« Reply #18 on: 03-03-20, 12:23PM »
 A company that has washed it's hands of its staff is very relevant.They and the union are a total disgrace.

lucgeo

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Re: Depression
« Reply #19 on: 03-03-20, 12:49PM »
Unless it is a role removal and no other compatible jobs it is not a redundancy situation. We have a broader job title now and that applies to all. When a restructure comes down it will be soft structure or redundancy. If soft it will take longer to go to redundancy but the outcome is not decided at store level. What you have been offered, your meetings will form part of this. It's what happens to you personally that matters but if hours have been given to someone else during consultation this will also be part of this. It's not about what someone else has been given unless it's out of process.

Have you read Statham 7's OP?? #7  It clearly states that they are moving (him/her) into another dept by ? Dissolving? their hours and changing their shifts to unsuitable ones, with no availability form given or received! Stating his job role no longer exists...All the while retaining another colleague, who was moved previously to avoid redundancy, from a dept where his hours still sit, onto their dept, working alongside Statham 7. Go figure!!
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Redshoes

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Re: Depression
« Reply #20 on: 04-03-20, 11:08AM »
I myself have suffered with depression for almost 3 years and the company have never done anything to help my illness. For the second time I have just been informed that my job role no longer exists, no offer of redundancy though, they have attempted to change my hours for ones they know I am unable to do.. Yet after the latest redundancies in our store a member of staff who was due to be made redundant was given hours working alongside me, his job still exists and as awful as it sounds I feel like because he has a physical disability that it looks good for them & when I questioned why was he retained on my department I was informed he was actually contracted  officially elsewhere. My mental health has taken another huge battering and I am now off sick again. I am prepared to fight this as much as possible and would appreciate any advice anyone can give me.

There is loads of information on mental health online and stores have now introduced mental health coaches but they are not mental health nurses. They can just listen and point you in right direction to get help. Union may be able to support in a minimal role like this. There is limited training in stores for any condition. We can't be experts for everything but support can be given to point you in the right direction.
Availability forms are now annual, have you had a new one within that time frame but managers should be doing annual holiday meetings with update to availability. On the back of that if you are in a vulnerable role position you should be offered a new availability. You can also request to update at any time. Not only the available hours you tick matter, it's the other detail on the form that matters. Unavailable on Tuesday two wks out of four for example.
Was the person who came into the department moved under health or displacement. There is list in order of who should get priority and a score system if needed. If a mistake has been made all union reps have been briefed and you should get a rep.
Sometimes we can guess at future changes. For example the bakery one has been speculated on for ages now but when it came into being it was out of the blue. If for example a colleague was moved from stock control into bakery during the stock control changes they would now be part of the bakery restructure. The fact that they are vulnerable to structure changes with again be considered, like with yourself. Scoring will form part of this. Alternatives on offer will be part of this.
It's a stressful time. It can be overwhelming for those involved but you only really know about what has been offered to you. Your point scoring can be discussed but not anybody else's, that is private to them. Given all this, and that mistakes can be made either deliberately or on purpose you may need to involve reps. A rep can ensure all parts of the process are followed. Can support you and guide you. You pay a fee for this but unless you are strong and able to fight own corner it should be something to be strongly considered. Help on here is great but you have to have the clarity of mind to use it and the strength to deliver it.

NightAndDay

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Re: Depression
« Reply #21 on: 04-03-20, 12:54PM »
I can't recommend using USDAW as a union, they are systematically diluting your working conditions and pay, the partnership agreement and past few pay reviews proves they are a union in name only and work in the interests of Tesco.

lucgeo

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Re: Depression
« Reply #22 on: 04-03-20, 01:37PM »
@Redshoes

You're skirting around the main points made..skimming over the facts to be PC. Stratham has been told their role no longer exists, has not been given an availability form, and being dictated unsuitable hours!
Mental health coaches that can only point in the right direction? We can all do that, and dare say Stratham has already been given advice from experts!

The person placed on the department is disabled...was previously offered redundancy, their hours still sit on another dept, so should not be included in any point scoring for the dept, as they aren't technically part of the affected team. To gain higher in a point system merely because they are disabled, is detrimental to able bodied colleagues and reverse discrimination. Are you saying that disabled colleagues should be continually given preferential treatment, and continually moved around the store to avoid redundancy? Again reverse discrimination.

The bakery speculation comment is irrelevant as Stratham has been told their job role has gone. Also your point on moving from s/c to bakery now facing redundancy is non comparable, as the person hasn't moved hours to the new department. The majority of all colleagues are vulnerable to structure change, for many differing reasons which affect their mental wellbeing!
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Redshoes

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Re: Depression
« Reply #23 on: 05-03-20, 09:15AM »
Poster is overwhelmed, can see that. Clarity of information could be clouded. They need support and as good as this site is when someone is overwhelmed they need more local help. There should not be any discriminations and first on the list of points is displaced colleague. I don't think disabled forms part of this, only as in ability to do job.
If policy has not been followed someone who is overwhelmed needs support. The union we have is USDAW and the reps in store have the info to help. It may not be a great union but we have some great reps posting on here and helping as much as they can. In this case we are not talking negotiating changes to terms or conditions or pay review, we are talking store support and therefore it is the reps and we should not slam all of them.

Statham7

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Re: Depression
« Reply #24 on: 21-04-20, 02:44PM »
Hi all, I'm in need of a bit of advice again & I'm hoping someone may be able to point me in the right direction.
I appreciate that we are in unprecedented times & this is maybe going to be missed but here goes.
As I my previous posts I have had a few problems with my job role, I have now been informed of 4 different shift patterns & none fall within my availability to add to that the only role available for me is working under the member of management who is the reason I have been off sick for 3 months. I am willing to bite the bullet and take one of the shifts patterns offered to me, regardless of the fact it wasn't within my availability (I have put in availablity for 7 days a week) but I really am not comfortable putting my mental health at a detrimental risk of working for a manager who has taken it upon themselves to try and force me out of the company due to my job not existing twice. I feel forced into a corner as I have been informed that I either take the role offered or they begin proceedings against me. I'm at a loss what to do next and my anxiety is worse than ever.  Please could anyone offer advice?? Thanks

 

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