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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, I started working in this company as Relationship

Customer Question

Hello,

I started working in this company as Relationship Manager in November 2005. I always performed well, meeting my targets every year.
I became pregnant and left in November 2009 to have my first baby. In January 2010 I got a phone call from my manager telling me the company had gone through a reorganisation and that I had been moved from a Relationship Manager to a Credit product Specialist role. This new job had less responsibilities and I had to travel. The earnings on target were also much less than the job I had before going on maternity.
I came back from maternity to my new job in December 2010 and filed a grievance in January 2011. I soon realised that this new job had been a demotion from my previous job while I was on maternity. In fact I had been the only person demoted.

I became pregnant for the second time and left for maternity in September 2011. I came back in May 2012. I again performed in 2012 and met my targets in my new job.

Since the moment I filed my grievance, I have felt that I haven't been well received at work. My manager, who used to be a colleague of mine, became very critical of me giving me always verbal and in writing warnings which most times don't reflect reality. He has been harrassing me that I get late in the office if I was ever 2 minutes late, sending me emails about me Communicating poorly with clients and internally and using any small excuse to critisize me. I have had no promotion in 8 years and my boss, despite my good sales performance, has made it impossible for me to have a career move. This boss has now moved on to new responsibilities and just before moving he has sent me an email stating again my "poor communication skills", etc. The new boss I have feels as someone they have told to also make my life impossible.

It feels as if someone at the top, the Global head of sales, had ordered the managers under him to get rid of him. To me it feels as if I am a problem for them due to the fact that I filed a grievance in 2011.

I don't know what to do, if to persue legal protection, if I have enough reasons to do it. It is all so subtle and subjective.

Please advise.

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what was the outcome of the grievance?
Customer: replied 3 years ago.
Hello, the grievance assessed internally in the company and they responded to me saying they didn't agree with my statements about discrimination while I was on maternity, etc. I didn't appeal as I was on maternity at the time I got the grievance, October 2011. I thought the grievance would be filed and would protect me in my second maternity. The solicitor that helped me at the time advised me that once you filed a grievance the company will want to force you out sooner or later.
Customer: replied 3 years ago.
Hi where is the answer?
Expert:  Ben Jones replied 3 years ago.
Your rights may have been somewhat diluted due to the time that has elapsed from the time you started experiencing difficulties.

As far as your options currently stand they can be summarised as follows:
• If you are still experiencing difficulties in the workplace, the option of raising a further grievance still exists
• If you believe that the acts you are subjected to are because of you going on maternity leave or in any way linked to your pregnancy, you may potentially consider claiming sex discrimination. The issue here is that a claim must be submitted within 3 months of the act complained of, therefore if the recent acts cannot be linked to your pregnancy you could well be out of time to claim
• Finally, and the most drastic action of all, is to resign and make a claim or constructive dismissal. This happens when you claim your employer has breached your contract and you are forced to resign as a result. A common breach by the employer occurs when they, or their employees, have broken the implied term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). Again, the time that has elapsed could be a slight issue because a tribunal may wonder why it has taken you until now to decide you had to leave, although that can be justified if you can show that things were progressively getting worse and that they eventually culminated, forcing you to resign.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

For Ben Jones only


 


Hi Ben,


 


I believe it is very difficult to prove that I am suffering from harassment and retaliation. The management does it in a very subtle way.


 


From time to time I received emails and comments from this boss that are upsetting and don't reflect reality.


 


I am a good sales person but he will only comment on negative things such as "you are late" (if I arrive late 2 minutes but I often stay late and he won't comment on this), "you have poor communication", etc.


Often he ignored my concerns and requests, didn't respond to my emails and ignored me completely.


 


So how can you prove this? what are the chances that you can be successful in court? do these things happen to people?


 


I think that companies don't like people that have filed a grievance and they eventually want to get rid of them


 


Patricia

Expert:  Ben Jones replied 3 years ago.
Bullying can often take subtle forms and is not always easy to prove. It is best to keep a diary of events do that you can refer to the frequency and intensity of the bullying and that will help when making a claim. Each case differs so it is difficult to say whether you will be successful or not but there will be claims that succeeded and of course others that do not. No one can predict the outcome of a tribunal hearing
Customer: replied 3 years ago.

For Ben Jones


 


Can you represent yourself at a tribunal? how long does a process like this take? what are the steps? Can this be retaliation?


 


Many Thanks


 


Patricia

Expert:  Ben Jones replied 3 years ago.
Hi, yes it is certainly possible to represent yourself. The process may take a few months depending on the nature and complexity of the claim. This link will explain the process in more detail:

http://www.adviceguide.org.uk/scotland/work_s/work_problems_at_work_s/work_employment_tribunals_s/preparing_an_employment_tribunal_case_scotland.htm

Ignore that it says Scotland - the process is the same
Customer: replied 3 years ago.

For Ben Jones only


 


Hi Ben,


 


After I filed the grievance I went on maternity to have my second baby, I came back and everything was fine for the first year in the company (I have worked here for 8 years). However (and this is something I had been advised by the solicitor that helped me with the grievance who said it would happen like this as companies don't like grievances) it has been 17 months since I filed this complaint and I feel that they want to push me out, by emailing me that I have communication problems, that I have arrived late on some occasions, that I have exceeded the expenses on one client's lunch, and stupid little things that wouldn't matter if it was other employees.


 


Can you tell me if it is likely that because I filed a grievance, the company is trying for me to get very bored and leave? I have had no promotions, I sometimes feel ignored, I have been denied moving to better open positions, despite meeting my targets every years.


 


If I am signed off sick for stress, can they fire me while I am off?


 


I feel that I would like to sue them but I don't know on what basis I can sue them. is the fact that they exclude me from any career development enough to sue them?


 


Can you help?


 


Thank you,


p

Expert:  Ben Jones replied 3 years ago.
Hi could you please post your new queries as a separate question for my attention, thanks

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