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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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I have recently sent an email to my manager regarding being

Customer Question

Hi I have recently sent an email to my manager regarding being and feeling harassed by the company owner / director. He then emailed me back stating that he felt un qualified to handle the complaint as it was against the MD. He referred it to the company HR. She then contacted me and we in turn had a skpe meeting where I explained the situation, HR asked if I felt I was in the right or if I could have handled things differently, I answered that I had in the past but it had continued and got more and more persistent to the point of this instances where he was right next to me pointing his finger on the piece of paper harder and harder till almost banging and then his words of ( For Christ sake,) rang out, hissed and then said angrily, im trying to help you here, I in turn said if you were to leave me alone to do my job and you go and do your job I could do it just fine, but with you here constantly going on and on I cant concentrate!
HR stated that I was in the wrong for talking to my boss in this way, but I said maybe, but I just couldn't cope anymore and the last straw was the Christ sake as I am a Christian and I felt great offence at this. I felt that I was being made to be the one in the wrong and she asked me why I didn't look for a different Job, could there be a way I could just go and do a different Job ? Why don't I just go and do the Business on my own somewhere else ?
I didn't understand what she was trying to say, Untill this morning when I found out that this HR lady is the actual MD Sister In Law, and he would have told her of previous conversations where I have had meetings with him where I said I could just go and Be a Consultant! But like what and where I work. That he would like it if I was to just leave! and MD said YES! but its not that easy is it? you wont will you ?
Is this right? can she be a neutral HR and really help me resolve this work issue of harassment?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
I have worked for them for 8 Years
Expert:  Jenny replied 1 year ago.
I can entirely see your point about bias here.
I would suggest you raise a formal grievance to say that this is not impartial and that you consider the way that you are being treated amounts to a breach of trust and confidence.
You should ask that your grievance be heard by someone who has no family connection with the MD.
You should say that if it is not and you do not get a satisfactory response you may have no alternative but to resign and claim constructive dismissal.
If you have any further questions please do ask.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I note you have not yet rated my answer, which is an important part of the process?
Customer: replied 1 year ago.
what happens if I leave on Constructive Dismissal
Expert:  Jenny replied 1 year ago.
At this stage you are not in a position to do so. You can only do this if you have tried all internal avenues and the employer will not hear your grievance and it is impossible for you to continue working.
If this happens then you resign saying you have no alternative and claim unfair dismissal in the employment tribuanl.
It really should be a 'final straw' kind of action.
If you have any further questions please ask. I would be grateful if you would be kind enough to rate my answer as I am not otherwise credited for my time.

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