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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been given a written warning from my team leader at

Customer Question

I have been given a written warning from my team leader at work For a period of absence(2weeks with a back injury) and a further 7 days with labyrinthitis. These are the only absences I have had over a 4 year period. I submitted a doctors certificate for both. This written warning was issued following my submitting a formal grievance against this team leader. Each time i ask to speak to someone at a higher level it hasbeen denied . I am now off sick with stress . Union have represented me but after months of hearings nothing has been resolved and am mentally exhausted. A further grievance was initiated by the union rep after minutes of one of the hearings was posted on a site which was easily accessible to all staff. I previously enjoyed my job (civil service admin) until this team leader took over. I feel i have no option but to stay off sick but the phonecalls are continuous from this person. Would i have grounds to ask for a tribunal hearing. ? I need legal rep but need to know if i have a case.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer,

Have you appealed against the written warning?
Customer: replied 3 years ago.
Yes
Expert:  taratill replied 3 years ago.
thanks, what has the outcome of the appeal / grievances been, has the employer attempted to resolve matters and to get you back to work?
Customer: replied 3 years ago.
No outcome of appeal yet employer has arranged hearings and mediation but the team leader has continued to make the work situation untenable.
Expert:  taratill replied 3 years ago.
Can you explain how they have made it untenable?
Customer: replied 3 years ago.
She has continued to undermine me in front of other staff speaking to me aggressively and have recorded that formally mediation was good and i thought things would improve . I have asked to speak to director and he has refused stating that ithere are procedures. Ii lleft work when sshe was getting aggressive and amoff sick since that
Expert:  taratill replied 3 years ago.
Ok thanks for the information. One option you have of you truly believe that your position has become untenable and have exhausted the procedures is to resign and claim constructive dismissal. This is where the conduct of the employer is so bad that it entitles the employee to treat the contract as terminated by the employer.

The employment tribunal will then
Consider, based on the evidence, whether the employee was entitled to do this. It is a risky approach in some ways as it involves you leaving your job but if you feel you can't continue then you have nothing to lose.
You have the right to work free from verbal abuse so , in the basis of what you say you have a case.

Please remember to give positive feedback. I will be happy to answer your follow on questions.

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