Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Have you raised a grievance either formally or informally yet?
no I am off this week so am going to do it next week
Ok so will your line manager have any idea you are unhappy or is it the first time you will raise it?
they know I am unhappy - many members of my staff and people in the office have said they know I am being pushed . I think my manager thinks I am not brave enough to do anything - she is very formidable
Ok well the first thing you need to do is to raise a formal grievance. Give as much detail of the incidents of bullying including times and dates and witnesses if possible. You should state that this is effecting your heath and that you believe that the employer is in breach of a 'duty of trust and confidence' and a duty to ensure 'your health and safety' in allowing this to go on. You should be specific that you believe that this is an attempt (on the part of your manager) to force you to resign and that you have no alternative but to consider resigning and claiming constructive dismissal unless you receive reassurrances that this will not continue.
If you want to look at a settlement you can hand the letter to HR and say that you are prepared to consider a settlement if they will consider it as an option.
Please let me know if there is any further information you require?
do I have grounds for constructive dismissal ? I want to get out without them making my life hell and need some leverage to stop the harrassment and undermining of my position. Another member of my staff who has also handed in her notice because things are so horrid asked me what I was still doing there as they were making things so difficult for me. I need to leave and without her being even worse
Hi at this stage if you were to resign your claim would fail as an employment tribunal expects you to attempt to resolve matters internally by raising a formal grievance first. If you do that and matters do not improve then you would have the right to resign and raise a claim.
OK so formal grievance first . I thought I would have to resign at the same time so that is helpful . thank you
Hi it is imperative you raise your grievance and try to put things right before you resign. All the best with this going forward. I would be grateful if you would take the time to rate my answer. Please do come back to me in the future for further advice if you need to .