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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hi -I made a formal complaint at work about bullying and

Customer Question

Hi - I made a formal complaint at work about bullying and retaliation by my boss. (eg he took away part of my line mgmt after I made 2 informal complaints that probably embarrassed him and did this weeks after my mother died. this is just one example of more than one incident.) The person assigned to investigate the complaint is a close friend of my boss. He found that there was no evidence and dismissed it. Indeed, he ignored some of my evidence and based it solely on testimonies rather than dates and certain facts (as in the above being something that can be clearly shown to have happened chronologically). Three of the people interviewed are line managed by me. 1 told me the process felt unsafe for me and her - so I told her that she and others could just say "I don't remember", which they did. The above is less of an issue than the fact that the guy investigating it then decided he would send out all the testimonies, etc to anyone interviewed. This seemed really punishing and odd to me, since most of the people interviewed are managed by my boss and myself. I was able to stop that but he stilll went on and sent an email to all of them basically insinuating that I had lied and made it all up - naming my boss and myself. Maybe I'm wrong but this seems to have abused my right to a safe, confidential complaint. I feel very much punished and publically shamed for something I did in good faith. I am now looking for a new job as a result. Am I offbase or maybe just too biased? :) Thank you.

Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, you are quite right that your complaint should have been handled in an unbiased manner and should have been kept confidential. You have an argument that it amounts to a breach of trust and confidence that it has not been.

There should be a process for appealing against the outcome of your grievance to someone unconnected with you, your boss or the person who heard your grievance. You should do so.

All the best.

Please remember to give positive feedback. i will be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks but it is quite a small company. The owner is also friends with everyone in senior mgmt (including my boss and the person who handled the complaint). It feels like a mess.


 


I do not feel safe appealing. The whole thing was humiliating and incredibly anxiety-inducing already.


 


Do I have any other options externally, as I am very afraid to do anything else internally?


 


Thank you.

Expert:  Jenny replied 3 years ago.
The only possibility would be a constructive dismissal claim and this would only be possible if

a) you have worked there more than 12 months, and
b) you feel you have been treated so badly that you have no option but to resign and raise a claim in the employment tribunal.

It is a risky route to take as there is no guarantee of success so I would only advise it if you genuinely cannot go on working there because of the employers actions.

Please remember to give positive feedback as I am not otherwise credited for the time I gave spent answering your questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 3 years ago.

That's what I was afraid of. Doesn't seem quite right that they can get away with punishing me for making a complaint and my only defense is to quit :(


 


Thank you, though.

Expert:  Jenny replied 3 years ago.
I agree that it is unfair. All the best for the future.

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