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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3695
Experience:  Solicitors 2 years plus PQE
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can supervisors be sued personally by their staff and does

Resolved Question:

can supervisors be sued personally by their staff and does the employer as a whole have any responsibility in this or can they just wash their hands of the issue?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What is the supervisor being sued for?

Kind regards

AJ
Customer: replied 3 years ago.

Discrimination

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

A supervisor or third party can be pulled in as co defendant at the employment tribunal.

Has the employee made a claim at the tribunal?

Kind regards


AJ
Customer: replied 3 years ago.

No, the employee has just gone outside of work to a solicitor. The solicitor has now sent a letter to the supervisor and the employer has taken the position that it's nothing to do with them (the employer)

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

What does the letter say? Does it threaten proceedings?

If that is the employers attitude then they are potentially failing to follow their procedures. The employee has raised a grievance and the employer is obliged to deal with it.

The supervisor could in turn raise a grievance against the employer for not attempting to resolve the situation.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.

As far as I know the letter threatens proceedings against the supervisor personally and has requested a response to the allegations made by the employee as stated in the solicitors letter.


 


The employee has NOT made a complaint to the employer BUT has gone straight to a solictor it is the supervisor who went to the employer and asked for support and was turned down.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

What are they alleging the supervisor has done? Harassment? Bullying?

What are they asking the supervisor to do?

If the employer wont deal with it and it is clearly an employment issue relating to work, then the supervisor should raise a grievance with the employer.

Kind regards

AJ
Customer: replied 3 years ago.

discrimination on race and age


 


The employee making allegations solicitor has requested a response to those allegations, the employer has advised the supervisor to get their own solicitor and left them to it.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The allegations are directed at the supervisor so they will at least have to respond.

However if there is an internal issue then the employer has an obligation to deal with that in accordance with its procedures.

Is the supervisor a member of a union?

Kind regards

AJ
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