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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11551
Experience:  30 years experience as a solicitor.
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I have been employed for 11 years and since my company has

Resolved Question:

I have been employed for 11 years and since my company has been brought out and a new line manager I have been bullied and intimidated at work. I have written complaining regarding disputed issues and recently I was disciplined for bullying and harassment although no complaint was raised against me by the so call recipient who was my line manager. When I raised this the reason given was maybe he did not raise the his because of his culture. He come from Iran. I appealed against the decision but, the company found in the companies favours and I now have a written warning against me. I appealed against this, but the original disciplinary chair was in attendance, supposed to give how he came to his decision but, and was very vocal on his view of me appealing even going as far as saying if he knew this he would have dismissed me. He is very opinionated and does not like anyone going against him decision. The Appeal chair has taken his view as he is his senior and I consider not looking at the evidence. The company have gone against their policy, but they have stated this is alright and I feel the whole case has been on emotions rather than any facts. I have lost the appeal and now have been told there is no further right of appeal. What can I do as I feel they are want to dismiss me and will continue in this vein? It has got so bad I had a breakdown and was signed off by my GP for a depressive episode. This came about when I walked out of a meeting as I was feeling really bad inside. I have since returned, but not have been told I am being investigated for this with a view to discipline me.
Regards,
Andrew Boys
Submitted: 2 years ago.
Category: Employment Law
Expert:  JGM replied 2 years ago.
You do appear to have exhausted all the avenues with your employer and they have found against you each time.
For that reason there is only one thing you can do if you want to take this further but there is risk involved and you should see a solicitor face to face before doing this.
You can sign from your job and then sue your employer in the employment tribunal for what is called constructive dismissal. In other words your employer didn't actually fire you but place you in a position that you had no choice but to leave. The tribunal would have to determine whether the employers behaviour was such that you were justified in resigning your employment and claiming compensation from the tribunal.
Happy to discuss further.
Customer: replied 2 years ago.

I already knew this avenue, but was wanting a consideration whether it was considered my employer has acted unreasonably and whether an appeal to an Industrial Tribunal where the facts would be looked at on an impartial basis.

Expert:  JGM replied 2 years ago.
No, because a peculiarity of the employment tribunal is that a claim for breach of contract cannot be brought until the employee's employment has ended, and a claim can only be brought if it arises or is outstanding on the termination of employment.
So if you are asking if you can ask a tribunal to hear the grievance, the answer is no.
Customer: replied 2 years ago.

Is there anything I can do as I still consider the company policies were breached by them and the hearings were not impartial? From what you are stating my employer can do as it wishes and all I can do is put up with it?

Expert:  JGM replied 2 years ago.
From what you say you've exhausted all the internal processes open to you and I have already said there is only one option left to you.
JGM and other Employment Law Specialists are ready to help you