I may be losing my job due to raising a grievance for bullying and discrimination.

Great advice.

Hi,

I'm genuinely so sorry to hear that. 

This is exactly what the Information Commissioner (which has the authority to impose multimillion pound fines for breaches) is set up for.

Don't let them delay you over this- there is no guidance published anywhere on Earth which would ever authorise them to withold information belonging to you even if they try to claim it is 'confidential'- the ICO doesn't give two hoots in Hades for whether something is confidential or not if it has your name written all over it (and of course, I personally would refuse to sign any NDA they tried to throw at you), especially if it as awful and clearcut as that.  

My advice would be to submit the claim to the ICO as soon as you can. I wouldn't tell them you did that and keep warning you will do so. Based on what I've heard, this is an automatic loss for them at the ICO as this breaks the law on so many levels...

I genuinely wish there was a faster way to get a resolution for you- I was lucky because for me the OIA had authority over my university before it got that far and they resolved it quickly. 

And I'm really, really sorry you went through that. 

I got my occ health through my SAR. It was all pdfs which is annoying and not what I asked for.

If they didn't care for the ICO they will be in for a shock but then I can't comment on what it is you asked for specifically but the ICO will get them and so will the tribunal - make sure you ask for a full disclosure order from the judge. They will be ordered to release everything and unredacted. If they can't produce everything then the judge will hand you adverse inference charge to your case. 

I'm sure you know all this. We're not lawyers but it's crazy to think they will ignore the ICO and tribunal when you will have alot of evidence.

One thing though..don't blink first. Don't give up most cases will get to the first hearing and they will settle. Tribunals are public record, most companies don't want it going to get to that point. It's mostly a game of chicken (who backs out first). Don't back out. 

There are instances where an employer can withhold certain categories of information. Usually this relates to anything that could have legal implications and needs of the business.

My SAR was delayed and then a lot of important information was either redacted or withheld. I even received a document index but that completely redacted except for the document numbers. I have complained to the ICO but the wait times are months for a response.

Did you request your occupational health records via a separate SAR as these are generally not included in a normal SAR?

It’s like walking around transparent feeling your soul on show, a mixture of pure fear, adrenaline and sense of not knowing what can glue you back together again. Whoever you were is out of reach and the new reality you find yourself in may as well be your first day on earth. 

Hi - I think what you've learnt would be of value to many others on hear who are close to or having problems with either manager or employer - so things like what you have learned from your experience would certainly help others I'm sure. 

Maybe do another post on the "SARs Lessons Learnt"  !

Another thought - do you have to go through your union rep or could you ask to speak to someone - if you feel they aren't supporting you or giving you good advice ?

Right now my rep is thinking procedurally. He hasn't understood yet that if they wanted me back in and if everything was above board my SAR would have been everything I asked for. It wasn't..it was the smallest batch of nothing from HR which isn't what I asked for.

There is a benefit of doing one because it gives you leverage. Like in my case, they rely on the claimant (so to speak) to not know the law and will hope you just accept their tiny batch of pdfs. I asked for metadata, for the original email files (not pdfs) I asked for chat logs (which they didn't give me) to name a few.  When they decide to hide everything that would meaningfully give you leverage for a return to work they are being obstructive. I have given them time to give me everything by a certain date. It they don't - I complain to the ICO who will audit them and will fine them. 

If anyone decides to do a SAR - ask for everything - especially metadata so you can see if they modified the file. 

I've could talk about this all day but yeah.. so my rep in his defence is very much a fish out of water with it. I want to secure a return too yes - but a safe one, he just wants me to forget it all (and he's not read my grievance, he doesn't want to). 

This. I've been calling it the Pandora's box. Alot of my life that I didn't want to think about everything again just came flooding back. It's as if when suddenly you feel threatened on all sides and emotions are hijacked everything comes back and my mind now says 'you're the problem you're the common denominator '  which makes it all the more alarming. 

Thank you. My health right now feels very secondary. I've yet to find out how to reset my nervous system because I feel like if I stop thinking about work and checking where I'm going wrong I'll be blindsided. I was referred my the local mental health place by the GP once. Never again. I did the form, talked to a guy and the result was they couldn't help and I should go back to my GP. That was 3 years ago when the bullying ramped up. 

This pretty much. He just interrupts me and thinks I should 'let it go' except by doing so I live with the damage and impact. His goal is to get me back in despite management breaking the law. He has undermined me in front of them too, it feels very much like I'm fighting a battle on my own at the moment. 

Before this job there was a peace and a strength and I was fine. Now even my family can't find my off button! I feel like if I don't explain it they don't get it. I can't bullet point feelings or it's just gets lost in translation at least in my head. 

HR here is very much to protect the company. My line manager has essentially been using abusing policies and literally stopped engaging with me directly for 3 years. When I launched my grievance it was pretty much evidenced and as with all grievances you look back and find more and zoom out and realise they were trying to manage me out for years. And they still didn't uphold it and read like they didn't even see the evidence. 

HR and the new manager separated us for a year and then mediation fell through - my line manager stonewalled me, didn't apologise and didn't accept the action plan (they were her basic job duties - kindness, respect, clarity, one to ones, scheduled meetings etc) and I didn't know for weeks that she walked away. Since then they have blamed me for the break down and despite occ health saying I'm not safe until they resolve it - they are still forcing us together. At this point there is no point of return when trust is broken. They let her just avoid and evade and cancel constantly. So the only viable route for them is to still not accept liability and not fix the structure and settle me out. 

Plus they recruited new staff who are covering my work now so it's looking inevitable they want me gone. 

In this place - no manager can do wrong and can apparently choose to leave you struggling and in the dark if they want. It's a very large institution and absolutely cannot afford to go to tribunal (reputation will pretty much be ruined). 

I have a date for my tribunal in about 3 months. They will now be preparing my bundle. My case also goes back years.

Be wary of the time constraints of a tribunal case of 3 months since the last incident.

I think your union rep might be misinterpreting your communication style as seeming retaliatory, when in reality it stems from your need as an autistic person to lay out everything in order to be fully understood.

What is it that you have over shared to HR? Because if it is a genuine concern or reporting your circumstances then that is allowed. Some people in my past think over sharing means sharing anything with HR but that isn’t correct as HR needs to know about any changes in circumstances etc. you’re also allowed to ask HR for advice without retaliation from management. Also why would they want to keep you off sick? Wouldn’t they want you to come back to work? Also where do you work? I didn’t have a union but have had support from HR. Maybe just take your time to breathe and write down your issues, slow down your thought outputs and list them before you take them to HR so it’s broken down well

Taken2Heart said:

the stress is so high that i no longer eat properly

The first thing you must do is take care of your health - rest, sleep, good food. Mental and physical health are closely allied.

1. if you haven't been to your GP, go now. Ask for an urgent referral to the Community Mental Health Team [CMHT]. You need ongoing support but I don't know what the waiting lists are like ALSO:

2. find out if you can have someone at the surgery to support you - there might be a social prescriber, who would provide a stop gap

As to the rest, a commonplace story - I too have been there. In these cases, people panic, close ranks [even union reps] and they usually try to get you out using a legal team. Don't try to deal with all of these at once - do no. 1 and 2 first and this will give you the mental stability on which to base future action - but not now.

Meanwhile, use this chat regularly - you will find empathy, kindness, tolerance, intelligence, knowledge - and fun. Have fun here too, it is vital for mental stability. Chat about anything - things you read, watch, like eating, games - whatever. It will take your mind of things for a while.

“I feel like since his death the proverbial mask has slipped and I'm just a mess. I can't seem to find my old sense of self and strength anymore”

I have probably posted something similar here before, a close family member dying can open doors you didn’t know were even there. Those doors will not close again but you will go on a journey of learning to live with those doors open. Sometimes life experiences form and shape us in ways we could not even begin to imagine until it happens, those events can be horrific and traumatic. Being autistic perhaps means you have less natural ability to grasp in any firm concrete way what exactly it is that you are feeling, some emotions can seem like murky muddy water with no clear name. 

is there any benefit in doing a Subject Access Request (SAR)if you are likely to go to an Employment Tribunal ? as the later I understand would provide more evidence that isn't redacted which a SAR can do

Also are Unison supporting you to go to tribunal or some kind of negotiated settlement ?  - have they advised a figure or you have something in mind 

do you see that it will at all be possible to return or have you accepted that option is unlikely, even if it is something you want

I hope the situation gets cleared up soon, as the way things get dragged out really doesn't help 

Thank you for your kind words. It's a relief there are people here who have taken the time to reply and relate. 

I have done probably one of the most comprehensive SARs imaginable. It was due in march and when I got it it was so thin - shockingly thin and they didn't give me everything so a couple days later for my return to work - I had no leverage and they know it. I fought back and threw the legal book at them - they have 2 weeks to give me everything I asked for or I go to the ICO. they've tried delaying it citing new information but I refused it and told them they are breaking the law. It was nuclear to be honest - my job is more informal so all the sniping and management and the bullying will be in the teams chats - they didn't give them to me. So hopefully I get them soon. Legally they can't block or omit anything. 

Its likely a settlement. And I'm at peace with that but if I can fight one last time I have to because it took every part of me and I can't just drop and leave. As stupid as it sounds I think the last hurrah is planting the shade that I'll never see for the next people that come along. 

Just wish though there is a way to break the compulsive checking and looking up on the law and rabbit holeing. But ironically - if I don't I think I'd be in a worse position than I am now. 

Frustrated they ignore occ health, GPs and basically anyone who isn't a manager. 

I have had a complicated time with the mental health clinics that GPS have referred me to. My last breakdown they wouldn't take me saying I needed long term help when really I was struggling at work and if I sorted work out I could carry the rest of the burden (my dad situation). I ended up going private. 

I have been thinking of looking elsewhere but it's kind of hard because my therapist is great but clearly isn't quite helping me specifically. I've asked him to give me advice at least and he's trying. Over a year in and it feels like I'm either getting sicker because of work so no therapy will help and it's not his fault or it might not actually be helping full stop but I can't tell when all I love and breathe is stress and worry. If that makes sense? 

It's like my brain is stuck in one mode and nothing might actually help. 

I think I need to ignore my rep as he is only volunteering as a rep with multiple cases on the go. My case spans years and my grievance was very evidenced with multiple procedural and legal failures and they didn't uphold it.

They've ignored 3 occ healths. In a tribunal I think the judge would take one look at it and go - you ignored this person's needs for years no wonder she's a mess. 

The main issue is the bullying is covert. My line manager doesn't talk to me if she can help it but by not talking to me I have very little knowledge of my job. Adding in only ever emailing me to tell me off  (among some very serious things) What I know though is if I think as if I'm going the tribunal route my case is slam dunk and it receives me for a moment and then I loop on it for hours in told that's just hyper vigilence. But unfortunately I'm not there yet so I'm in the eye of the storm. My nervous system has not reset for years now. 

Im awaiting my second assessment for autism. It's been a long time coming to be honest just yesterday I got the appointment date! So in a month's time I get to see if I am or not. Either way - I just hate the cycle and patterns of bullying I seem to fall into that frankly makes it so frustrating. 

Where are you now in your situation? Waiting for tribunal?