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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi my Wife went to see her HR dept about 3 of her superiors

Resolved Question:

Hi my Wife went to see her HR dept about 3 of her superiors who seem to be ganging up on her. Are HR allowed to divulge what her grievance is and people involved as now it seems she is being picked on in other ways since the meeting with HR.
What are her options as they look like they want her to resign.
Many Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has she worked there for?

JACUSTOMER-3jjxfadi- :

10 plus years

Ben Jones :

have they divulged the details about the grievance to those who she had complained about?

JACUSTOMER-3jjxfadi- :

It certainly looks like they have as since her meeting the 3 superiors and HR had a 3 hour meeting about her, My wife knows this as She saw the meeting logged into the diary.

Ben Jones :

An employer does have a duty of confidentiality towards its employees, for example when they raise a grievance or other complaint. However, that does not mean that they must keep everything under tight wraps and not divulge anything without letting her know first or seeking her consent. For example, if she has complained, the employer would have a duty to then investigate the allegations to see what, if anything, needs to be done to deal with that. As part of their investigation they could approach witnesses or those who are directly accused and ask them questions to establish the truth behind these allegations. Therefore, as part of the investigation it is often inevitable that details of the complaints will become clear and those that are being investigated will gather some information about what they are accused of and who had made the complaint

JACUSTOMER-3jjxfadi- :

Her new supervisor asked her to move to this particular job in the same section or risk a written warning if She did not finish and raise standard to 100%, so he told her there is a job that would suit her with the same terms. So She was forced into this job. Now the supervisors are at her all the time with different sets of problems and now stating She should be much better by now, it has only been 2mnths since the move.

Ben Jones :

it looks like she may be the victim of bullying but the issue is that there is no easy way to deal with such problems in the workplace. The grievance is the first step, then if that does not work the final option is to resign and claim constructive dismissal but obviously it should only be used as a last resort

JACUSTOMER-3jjxfadi- :

There have been two others who have gone down the grievance route but ended resigning. She has been off sick with stress through the GP, her big boss phoned her at home while off sick asked when she could return to work and what was stopping her from working. Not how are you, is there anything we could do for you. They had a cake for her and dropped a piece at home for her with a message from her supervisor can we have the laptop back if you are not coming back to work anytime soon. Her appraisal went from at standard to totally under standard within 3mnths, since this new manager arrived on the scene, how could this be?

Ben Jones :

No it is not fair but I just need to make clear that bullying in the workplace is not easy to pursue and she is really only looking at the grievance and then the constructive dismissal route - that is all that is available to her in terms of formally pursuing the matter

JACUSTOMER-3jjxfadi- :

It's not fair that She would have to resign to make a point, but I see what you mean it's 3 against 1.

JACUSTOMER-3jjxfadi- :

Ok that seems to be all. Thanks for your help

Ben Jones :

you are most welcome, all the best

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