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Industrial Injury Declaration for workplace bullying, anyone?

Discussion in 'Workplace dilemmas' started by Gardening Leaves, Apr 23, 2012.

  1. Gardening Leaves

    Gardening Leaves New commenter

    Just a timely reminder that it is possible to get an Industrial Injury Declaration (and therefore benefit) for psychological injury caused by bullying.
    Not easy, mind you, but possible. There are a number of hoops that have to be jumped, in the right order - but it's possible. Essentially, you have to demonstrate that your injury was caused by specific, abnormal events on particular dates. You won't get it for vague, long-term stress that is part of an ongoing process. Their gaff; their rules.
    You download the forms here http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017784.
    If you think this may be relevant for your situation, I am happy to provide more specific information for individuals.
    Now why don't unions tell you this?
  2. rouseau22

    rouseau22 New commenter

    Gardening leaves,
    Just a quick question,
    Would stuff like being made to move all of the furniture in a double classroom with no extra help so a carpet could be laid midweek, whilst the children were there count? And then having to stay in the garden for 3 hours with them the next day as it was laid and then put all the furniture back, again with no extra help? And having displays constantly taken down and my classroom rearranged. Is that bullying or just a mental DHT do you think?
  3. rouseau22

    rouseau22 New commenter

    Hi Gardening Leaves,
    'nobber DH' really made me smile. Too true.
    I can't say too much but the DH is fairly new and mates with the Head. We've been hopping around and moving things, taking down and putting up displays and being told we need' shaking up' right up to the end of term when we had an LEA inspection (Despite it being classed as an Outstanding by Ofsted mere months before)
    As for hurting my back, i've been ill with a suspected prolapsed disc in my neck since the second day of the Easter Holiday, and have been signed off for a further two weeks ( I think I relaxed after such a stressful term and blew a DH shaped hole in my neck!)
    Ive had it twice before over the years, but never so severe as this. Having been stung before, I made a point of asking if we could have some more male staff or help who could move stuff with us, DH agreed but it never materialised. Youre right, next time Im saying no.

    Thanks for listening xx
  4. Gardening Leaves

    Gardening Leaves New commenter

    Upped for a specific poster.
  5. Gardening Leaves

    Gardening Leaves New commenter

  6. Torey

    Torey Occasional commenter

    I had a quick look and all of the 70 reasons were for something physical. I couldn't see anything that could be even remotely linked to stress?
  7. Gardening Leaves

    Gardening Leaves New commenter

    Not stress, Torey, but a specific diagnosed psychological injury qualifies. One of the reasons it's difficult is that it's buried in the small print and unfamiliar to the decision makers. It has to be for an injury caused by q specific unusual event. Stress from ongoing fair process does not qualify. I have it for PTSD and the judge cited specific incidents in a corrupt process as the cause. It had to be unusual: a fair (though stressful) disciplinary procedure does not count.
  8. Torey

    Torey Occasional commenter

    Where abouts in the small print? Thanks.
  9. Gardening Leaves

    Gardening Leaves New commenter

    I can do that for you but you'll have to bear with me for a,few days. I have exams this coming week and am in full revision/ panic mode. I'll need to trawl through the decision-maker's guide. I do remember that the relevant case law is CAO v Foulds.
  10. Crowbob

    Crowbob Lead commenter

    Best of luck on the exams GL. Which subjects?
    If you have problem questions to do, then remember to "IRAC"!
  11. Gardening Leaves

    Gardening Leaves New commenter

    Thanks, CB! Criminal Law, Criminal Litigation and Practice of Employment Law. I don't know about IRAC!!! Should I? (Like I need summat else to panic about!)
  12. ilovepoppies

    ilovepoppies New commenter

    GL, I hope karma will help you sail through your exams. You have given so much advice and support to so many posters, that you deserve to do well. The dedication you show and the depth of your answers, never ceases to amaze me. You are someone we all look up to, you are our light at the end of long, dark tunnels and living proof that good overcomes evil.
    Good luck and thank you for all you do.
  13. Crowbob

    Crowbob Lead commenter

    How to approach problem questions. It is good for new students to law (even if it can come over a little mechanical and by year 3 something more elegant is expected!). IRAC. Identify the ISSUE, state the RELEVANT law, APPLY the law, come to a CONCLUSION based on the application. It is to stop students just doing the RC bit but missing the I and A >.>
  14. rosievoice

    rosievoice Star commenter

    Good luck with the exams, GL. xxx
  15. Absolutely. Good luck from me too GL.
  16. Gardening Leaves

    Gardening Leaves New commenter

    Upped for another poster. Its the same process applying for a physical injury or a psychological injury, but just a darned sight easier!
  17. rouseau22

    rouseau22 New commenter

    Hi Gardening Leaves,

    Things went from bad to worse at work. My union rep told them that I had a claim, but due to stress I didn't pursue it. The neck injury has had a negative effect on my Fibromyalgia and I have had some time off over this. Aside from constant pressure on our year group (to the extent where my line manager is now leaving. Making him the second nursery teacher to leave in 2 years) and an atmosphere of 'we can do no right', we have been subject to lots of drop ins.

    Also following most of my absences I have had 'drop ins' by the head, the deputy or both. And most of these have been followed by meetings. I have had my (and only mine, not my nursery nurse's or my co-teacher's) assessments and plans taken in several times and been hauled over the coals about them, but i've never had an issue from my immediate boss and yr group partner, who I plan with, and who oversees my work. Ive never had a meeting with my line manager present either. Ive been told off about several things that are due to following what my line manager wants.

    I am now having to have an informal capability meeting tomorrow and I am dreading it. My union rep is coming with me. But what can I do about all of this?

  18. Gardening Leaves

    Gardening Leaves New commenter

    Is the union rep the school one? You need to engage with your union at regional level as a matter of urgency. This situation requires input from an expert, not someone making it up as they go.

    You need to be making (if you have not already done so) a chronological record of everything that has happened, with the evidence. Where you have been singled out for criticism is of concern, if you are jointly responsible with others and your immediate superiors are saying your work is ok.

    You really need to get that IIDB application in for your neck. If you are being victimised because you raised that as an issue, that is a very serious matter. It is unlawful to victimise a person for asserting their statutory rights.
  19. rouseau22

    rouseau22 New commenter

    My union rep is a regional one I think, im not sure if i'm honest.

    I told Thompson that I didn't want to pursue the case at this time and then they said that they'd closed the case and I'd need to seek other representation.

    I still havent put the injury in the book at work, is it too late and would this be seen as inflammatory? I also don't know if I even could prove a link between the neck injury and moving furniture?

    I just don't know what to do. My immediate boss said that this is just my ht 'stamping her authority' on me, and that if I hold my hands up to it, she'll leave me alone. Basically the carpet time she observed was pretty crappy (and brief, i could barely get trhough the rest of my song) but this is due to the fact that I can't even smile at my children during carpet time anymore becasue of slt pressure. I got a grade of 4.

    I do have a diary of events, but im a bit unsure of some of the dates, but evidence-wise I only have one email from the dh blaming me for our nqt's lack of progress sent late one saturday night followed by several meetings with the head afterwards. We also hadn't finished planning our two weeks to completion during the day of ppa, with a view to sit down on friday night and go through it together to show the nqt all about the objectives etc. And we were doing other things during that time such as planning sports day. This week my line manager planned with us both the whole day too and we still didnt get it finished, such is the behemoth our plans have become. But its one of the main points being used to suggest that im not doing my job properely.
  20. Gardening Leaves

    Gardening Leaves New commenter

    Ah...I can see we are confusing two different things: a personal injury claim for compensation for an injury caused by negligence and a claim for Industrial Injury Disablement benefit.

    The second is a no-blame scheme to compensate people injured at work via the DWP, so that relationships at work are not damaged. You could claim IIDB for the injury. You can record the injury at any time, either in the accident book or by writing a letter. Clearly it is better if this is done contemporaneously.

    Your doctor's notes would have evidence of the original injury, wouldn't it?

    The table of evidence is a separate thing and the way to prepare evidence with which to defend yourself, if you are challenged for being incapable.

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