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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Two weeks ago I upset a colleague whom I manage , two days

Resolved Question:

Two weeks ago I upset a colleague whom I manage , two days later she decided to report me to my manager. I have been suspended with pay following an investigation . I had a meeting last week to answer questions but she brought up issues that she said she had concerns over even though they had not been brought up previously. I Had my annual review a few weeks ago and nothing was brought up. She has gone to the other staff - I manage 6 in total to ask them their views of things. I have been employed for over 4 years

i am terrfiied they are going to dismiss me
Submitted: 3 years ago.
Category: Employment Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

What was the nature of the issue that you're concerned about please (briefly)?

Customer:

Basically the colleague in question is junior member of staff , we have had changes in the department and company which she is not happy with .She is also going through the menopause and has been suffering anxiety because of that. On the day in question I asked her to go back to a member of another team for more information. she said she did not want to keep bothering him. I told her that it was his job and that we all had to do things we did not like doing. She then left to do something else and I accept that I upset her. she came back to her desk and then left for the day.The following morning we were busy but I did chat with her throughout the day and she seemed no different . My manager was back in work that day but in training so I did not have the opportunity to bring up the issue of the previous day and i realise i should have raised it with the employee. The following day she went to my manager in the morning and was sent home . That was Friday the 28th. The following Thursday my manager called me and informed me she had concerns about my capabilty and was to be suspended on full pay while they carry out an investigation

tdlawyer :

Okay, so why are you concerned that you might be dismissed for saying/doing what you did?

Customer:

No not because of what I sad because it was reasonable. My concern is that I had my interview last week and my manager brought up issues that she said she had observed previously and then brought up things that team members had said in their interviews- I think she has interviewed the whole team and to the best of my knowledge I get on well with most of them. I dont understand why these issues - if they were issues- were not brought up with her at the time and I dont see how she can say she had concerns but has not brought them up previously. The interview made me feel like I was being trapped to be honest

tdlawyer :

Have you had previous discipliniary issues?

Customer:

no

tdlawyer :

Then I dont think you need to worry about being dismissed. I'm not sure I see anything akin to gross misconduct here, and you have been there for 4 years, and thus have the protection of unfair dismisal laws. I dont think there is sufficient reason for dismissal here.

tdlawyer :

At worst, I expect you would receive some kind of warning, but dismissal would be a stretch too far from what I've read here.

Customer:

Thank you , common sense is telling me this and I appreciate I should have referred her to oc health but as I had discussed her medical issues with her only the week before left it up to her . The fact that my husband has been made redundant and I asm the main wage earner has been playing heavily on my mind especially when there is such a delay in the processes they have in place

tdlawyer :

I can understand that. If you're ever in doubt, you can ask us questions, or call ACAS for guidance (www.acas.org.uk).

Customer:

Thank you

tdlawyer :

Thanks. Is there anything else for today?

Customer:

no you have helped put my mind at rest

tdlawyer :

Great - thank you!

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