This is what I meant to post but thought it had got wiped when my cat pulled the connection out;
Serious response for once.
If you are being managed in such a way that you suffer genuine ill-effects on your health, the company is probably breaking criminal law.
I'm talking about stress here.
Stress is not an illness, but the secondary effects of being stressed can be profound, both mentally and physically.
As I've posted here before, I am a professional in health and safety.
The most relevant bit of the law is Section 2 of the Health and Safety at Work etc. Act 1974.
I won't type the whole thing out, but the best bits (my bold):
Section 2 General duties of employers to their employees
(1) It shall be the duty of every employer to ensure,
so far as is reasonably practicable, the health, safety and welfare at work of all his employees
(2) .... (a) ... the provision ... of .. systems of work that are, so far as is reasonably practicable, safe and without risks to health
.....
(e) the provision and maintenace of a working environment for his employees that is so far as is reasonably practicable, safe, without risks to health....
I can't look up the relevant case law at the moment but decided cases have made crystal clear that 'health' in this context includes both mental and physical health.
'So far as is reasonably practicable' looks on the face of it like a get out for an employer. It isn't really though. If it can be shown that a similar employer had much better systems in place to protect employees against stress related problems at work, any employer facing accusations of breaching this law is on a very sticky wicket.
The main case (which I wish I could remember) involved a social worker who had several chronic episodes of stress related illness due to poor quality management, i.e. overloading and no support. He was awarded some massive sum in compo, but the appeal by the employer was the real clincher for the law in this area; it was held that the employer may have been justified in not realising what the problem was at first, but that when the employee came back after sick leave and NOTHING CHANGED, thus sending him off the deep end again, the employer had failed in his duty.
This was because the precautions needed to protect the guy 2nd time around were not onerous nor expensive, and (crucially) should have been identified as part of the response to the original episode of illness.
Health and safety legislation does not allow for a civil case to be taken - i.e. your union rep can't use it in a tribunal or anything like that. However, if you have a problem at work (depending on where you work) your local authority environmental health team or your local health and safety executive office are duty bound to take a complaint of ill health at work seriously.
As these guys (opportunity for grim humour here) are usually very overworked, it pays to badger them. There are techniques (PM me) to increase your chances of a proper response.
I'm not suggesting that you can get your boss nicked for this stuff, but if the LA/HSE take an interest and take any action, even a formal visit with advice to the employer, that's where your union can hang their own action.
For example, if the LA/HSE write a letter to the employer setting out percieved failings, that letter is available to you under FOI (freedom of information) Act.
Don't put up with this crap. If your boss is making you ill, that's effectively a criminal act and there are government departments funded to do something about it.
You'd call the cops if someone kicked your head in.
