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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48556
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ive been working for a company for over 18 months as a Office

Customer Question

Ive been working for a company for over 18 months as a Office Manager and in July 2014 our company merged with another hence most of our old employees left and I had to work with the new company team but their team would directly report to their Director. During this period a business consultant was asked to come in to design the new website and promised to also bring in new investors. As Office Manager Im also responsible for the financial accounts of the company which also includes the projects because of our previous staff leaving my boss (who is also the sole owner of the company) did not have trust in the new Director and so I also took more responsibility of working on various projects. During the past couple of months it become clear that the director and the business consultant had a different agenda for my boss who is based on another site I would need to report back to on how work was being completed in the office but they made it clear that they did not want me around and would forget to inform me of meetings which I would need to attend due to project work or conveniently not include me in e-mails so I would be left out of the loop. I spoke to my boss regarding this and he promised that he would look into it. When I started with the company we had two administration assistants one would deal with legal matters and the other would help me with financials/project work and be the runner between sites. Unfortunately the administration assistant resigned and a new one was hired who immediately became close friends with business consultant. It was clear during his first couple of weeks that he had now experience of working in finance although on his CV it was stated he had more then 5 years could not do an basic excel sheet without help. I spoke to him regarding various other issues regarding the quality of his work and he stormed out. The next day he text to the business consultant his resignation letter instead of me. Business Consultant and director then took it upon themselves to read his resignation letter out in front of the team where the administration assistant accused me of bullying and harrasment and that is the reason why he is resigning. Both business consultant and director smiled at me and walked out. I wish to take this matter further and also have character witnesses and previous work colleagues who can clear my name because it has really become uncomfortable working in the office after this incident as the team now avoid me.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What are your specific questions over this situation?

JACUSTOMER-t1tq7vkh- :

Hi Ben,

JACUSTOMER-t1tq7vkh- :

I wish to know if I can take action against the Business Consultant

Ben Jones :

Hi, you would not be able to take any legal action against this person because legally there are no grounds to actually make a formal claim for anything. However, you can pursue the matter further internally, although now that he has resigned there would be little the employer can do to take it further. In these circumstances the right thing to do would have been to raise a formal grievance with the employer, who would then investigate the allegations and decide what, if any appropriate action can be taken against that person. This could include disciplinary action where they are either issued with a warning, or even dismissed in more serious cases. However, as mentioned now that the employee has resigned there is little that the employer can do, especially as they cannot do anything once their employment has terminated. They can still take action against them whilst they are serving their notice period though so if they will be there for a few weeks to come you can still make the grievance complaint and let the employer deal with this.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

JACUSTOMER-t1tq7vkh- :

Hi there,

JACUSTOMER-t1tq7vkh- :

I spoke to a barrister and he told me I could do what they call Third Party Harrassment and defamation of character against the consultant and ex employee. Thanks for your help

Ben Jones : Ok all the best