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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have taken out a grievance against my line manger regarding

Customer Question

Hi
I have taken out a grievance against my line manger regarding bullying and harassment having just returned to work after being off due to my Father's passing. This is not the first time i have complained about him so I felt that being just back to work one day I had to act quickly this time. He has been my line manager for five years brand know into our company I have been managing my service for 26 years he undermines me ,makes his own rules up and I constantly have to prove that I am following the proper procedures and policies. However the grievance meeting was last week and the report has been sent me regarding the panels investigation in reading the findings the investigation resulted in them asking for his version of events on my first day back and they say they believe he was saying what he said in good faith. The report also has missed out many grievances I had as though I hadn't mentioned them it seems to have turned around reading it that it's all about him and not me. I gave two witness statements from colleagues who outlined what he had said and done while I was off which in my opinion was undermining me again the panel did not make any reference to this . what good evidence I had was not referred to. I do need to appeal against this but what chance do I have I feel that there is a protected shield when it comes to higher management. I also feel that because I have been with them for 26 years I feel that they want me to resign .the company is having financial difficulties with posts which are vacant not now being filled. Sorry for going on so much but I am not used to conflict . yours sincerely ***** ***** McCue
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What specific questions do you have about your situation please?
Customer: replied 2 years ago.

The result of the grievance meeting I had with HR is that in their letter regarding their investigation they use the wording "we believe that your line manager acted in a fair manner and not bullying . the wording we believe is used many times regarding each grievance I put in against him .he also has lied to them regarding issues I raised and they seem to have accepted what he has said. I am so upset about this as I feel that he can lie even although he doesn't have any proof and they believe him .I can prove he is lying I have the evidence. Can I put in my appeal letter that he is lying .would I have the right to say this.

Expert:  Ben Jones replied 2 years ago.
Whilst you have the right to appeal and raise any concerns you have about the initial outcome, be careful about direct accusations of lying and calling someone a liar. It is best if you identify the incorrect information/evidence and provide your own evidence to show that it was incorrect. So instead of calling someone a liar, just say something along the lines of ‘it is clear that the evidence they have provided does not match the real facts of the case as supported by the evidence of the witnesses, therefore it is questionable whether that person’s evidence is truthful’. So basically make it clear that you believe they are lying but in a less direct way as you do not want to be seen calling someone a liar and making accusations like that, even if you know they are not telling the truth’. In terms of what you can do after the appeal, assuming it does not go your way, then I am afraid all that is left is to resign and claim constructive dismissal. There is no other way to make a claim for bullying so if the grievance route has not resolved matters, it is unfortunately only constructive dismissal that is left for you. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Thank you Ben for your guidance. One more question if the appeal does not go my way can I take the company to a tribunal.

Expert:  Ben Jones replied 2 years ago.
That is the constructive dismissal route I mentioned - this claim is made in the employment tribunal but you need to resign first before you can pursue it. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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Customer: replied 2 years ago.

Can I question the fact that they quoted the words"we believe" almost in every issue I raised in my line managers favour ?

Expert:  Ben Jones replied 2 years ago.
Not really, this is entirely normal - it is their belief based on the evidence they have, so nothing wrong with mentioning that