Ask a Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
What is the grievance for exactly - is it just about the actions of this member of staff and what were you hoping to achieve by raising it?
OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you
Sorry before I go - What is the grievance for exactly - is it just about the actions of this member of staff and what were you hoping to achieve by raising it?
Not sure if my responses are coming up so just in case they did not - I just need to confirm with you what is the grievance for exactly - is it just about the actions of this member of staff and what were you hoping to achieve by raising it?
Yes the grievance was for mistreatment & bullying this happened in from of 2 witnesses and the fact that a 50k grant from the DOE had not been spent on the training that I was running , training that she instructed me to do - without the grant I could not run the training in the way or to the standard that our partner agency and the DOE expected it to be done so she told me I should not continue as the lead facilitator, tried to blame me for her mistakes and could not explain where the grant had gone.
I wanted to know why the grant given for this project was not spent on the project thus making my job near on impossible and I wanted her to acknowledge that she had not managed or supported the project in line with the standards laid out by the DOE and our partners, and an appoligy for her treatment of me and the lies that she told the foster carer's and other staff members as to why I was no longer facilitating the training that I had been running for almost a year....
I also wonder if I am being discriminated against because I was looked after by this local authority as a child I was in care from aged 13-18.
Whilst the person in question may have retired and certain aspects of the complaint against him may no longer be relevant and there could not be much the employer could do about them, there could still be other parts that can be investigated and dealt with. For example anything in relation to bullying that was not known at the time cannot be dealt with at this time because usually it would involve the employer disciplining the culprit, and of course if they have now retired that would no longer be possible. However, there could still be issues that could be dealt with, such as if there were others involved or if others knew of this but did not deal with it appropriately, as well as whether any procedures currently in placer were ineffective and need to be revised, etc. Similarly, with the failure to approve the grant, the employer should consider whether this was an isolated issue with this particular individual or if it goes further to the top and there were others involved in the decision making process or as above if there was a failure in procedures which would not just be confined to this member of staff but would go further afield.
So as you can see there are many other factors that could be relevant and still worth investigating, even if the person against whom the original grievance was raised has now left. You have the right to raise a grievance if needed and the employer must consider that and deal with it, including holding a grievance meeting. If they believe that there is no case to answer they can advise you of that in a formal decision after the grievance has completed, bit not just simply refuse to deal with it from the outset.
So you can request again that this is heard formally and that the correct procedure as specified under the ACAS Code of Conduct is followed. Whilst you cannot force the employer to actually hear the grievance it does mean that such a refusal could potentially be dealt with as a breach of trust and confidence which can eventually force you to resign and claim constructive dismissal. I understand this is not necessarily the ideal way to deal with this but it is the only option if all internal attempts to have this resolved have failed.
Hope this clarifies your position?
Thank you for your response, please could you clarify if the police can monitor my Facebook emails etc even though the police investigation has finished. And what about the disproportionate treatment of me compared to other staff who have been accused of far worse? Also can the authority peruse a private procecution and if so based on what if the police have dropped the case?
what if my mental health is so bad that I canto face attending a disciplinary hearing, could I resign due to ill health and take out a constructive dismissal for personal injury as well as the breech of contract re the grievance?
The police issue is a separate matter and I can't really assist as it is a different area of law - you need a criminal lawyer for this so if needed you can ask this as a separate query on our site. If your health is not good enough to attend work at the moment and you cannot also face a disciplinary then you may ask the employer to postpone that until a time when you are mentally fit to attend and deal with the issues. It would be reasonable of the employer to allow this if you have been formally signed unfit to attend work. You cannot really take a breach of contract claim against the employer for not holding a grievance meeting - you have not suffered any losses as a result of that, but you can pursue the constructive dismissal claim and seek compensation for any actual and future loss of earnings you have incurred as a result of being forced to leave
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks