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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, Im a Manager with a Team of 5 people working for me. Today

Resolved Question:

Hi, I'm a Manager with a Team of 5 people working for me. Today my Manager called me to a meeting to advise that some of my Peers and Colleaugues were concerned about my behavour. Over this past few weeks they had noticed that I was quick to anger and could be sharpe with people. He wanted to know if I was Okay. I explained that I hadn't been in the best of "Form" lately and was feeling stressed. He then went on to advise me that in my absence he had rang into my Office to speak with my Team about my behavour. He advised that he had asked them to put the phone on Hands Free so they could all participate in the phone call. I have worked or the Company for 17 years and right now I feel that he has went behind my back and betrayed my trust. I can understand him talking with my Peers but to involve my Subordinates has been a step to far. Can you advise please.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What exactly was discussed with the team?

Customer:

What was discussed with my Team was my behavour and they give my Manager examples of when I had displayed anger towards others or was sharp with my replies. This excludes my Team, as I haven't directly as far as I know been sharp with them.

Customer:

Hi Ben, sorry cant wait for your answer, I have to go. Basically what I need to know is was his action of contacting my Team, without my knowledge a breach of Trust. He is aware that I have a very sick Relative recovering from a recent opertion and that due to illness my Office is short staffed. Was he justified in having this converstion, without my knowledge on Thursday, The conversation that I only found out about this morning. Non of my Team have mentioned the telephone call to me. Thanks

Customer:

oh your back

Ben Jones :

So basically your complaint is that the employer told others in the workplace, that had not complained about you and that did not know about these issues until then?

Customer:

I dont know if they were aware of the issues or not but they had not complained.

Customer:

By the way there had been no formal complaints put on against me, from what I can gather it was just discussed among Management

Ben Jones :

Whilst I understand your position, the employer’s actions are not going to be so serious that you can claim you are justified in taking the major step of treating this as a breach of trust and confidence and going as far as resigning and claiming constructive dismissal. It may give you enough to consider the grievance route, but this is not such a serious breach that would justify you going down the legal route in any way.


 


The employer had received complaints about your behaviour and even though they knew the people that have complained, it does not mean they are sworn to secrecy about this and cannot discuss it with anyone else outside of that group. As an employer they have a duty to investigate any issues that may affect their employees, even if no formal complaint had been put in, so by asking the group, including other team members that had not complained, the employer is likely to have simply been conducting an investigation into the potential issues to decide whether there was anything that they felt was serious enough to take further. It isd likely they were also trying to find out if others had been affected, even if they had not placed a formal complaint or even raised this with anyone else. The employer would have liked to see how widespread this was so asking around and speaking to people who had direct contact with you is unlikely to be a serious breach in the circumstances.

Customer:

OKay Thanks...what about the grievance Route ?

Ben Jones :

yes, what about it would you like to know?

Customer:

Do you think his actions were justified ?

Ben Jones :

to an extent yes they were, due to the reasons mentioned above. This was not an isolated complaint that was made in confidence, it was something that a number of people had expressed concerns about so unlikely to have been a secret amongst your colleagues, we all know what happens in the office environment - things can get round quickly and even if the people that did not complain did not do so, it does not mean that they did not already know about this or that they were not also feeling the same about it but just did not want to kick up a fuss

Customer:

Okay Thanks for your advise....guess I'll just have to grin and bear it.

Ben Jones :

it's not at a stage where you know things are bad as a result - it may make for some uncomfortable periods with some colleagues but the employer could ddecide there is not enough to take it further, understand your position and that this is not like you and possibly driven by other issues in the background, tell you to be careful in the future and advise everyone else to give you some breathing space....

Customer:

Good Advice Ben...have a nice evening and thanks for your help

Ben Jones :

you are most welcome, all the best

Customer:

trying to give you an excellent Rating but I keep getting a pop up saying that you haven't finshed answering ?

Ben Jones :

it's a known bug, don't worry we will process it manually, many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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