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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In 2015 I began to be harassed and bullied by the commodore

Resolved Question:

In 2015 I began to be harassed and bullied by the commodore of the club. (not physical)
I was so aggrieved with his behavior that I made a official complaint in writing to the committee as per the club rules on complaints.
The committee held a meeting in December behind closed doors and I was not allowed to appear before them to present my complaint or challenge the commodores response to my complaint.
The committee I believe dismissed out of hand my complaint about the conduct of the commodore.
Now I find myself the subject of vindictive retribution for making the complaint, the committee are to meet later this month, a meeting in which I am not allowed to attend to defend myself with a view of expelling me from the club even though I had withdrawn my complaint.
My question to you sir is there any action that you can do to make the committee reconsider its decision not to expel me.
Is it not enshrined in law since the Magna Carta and lately the human rights act that no one can be punished without a charge being laid before them and that they are given a fair chance to chance to defend themselves?
Could you let me know your thoughts and the likely cost.
Incidentally one of my complaints is that I believe the commodore discriminate against me because of my disability.
I look forward to your reply.
Yours Sincerely.
***** *****on.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. I assume this is a members club? Please can you tell me more about the acts of bullying and harrassment?
Customer: replied 1 year ago.
The club has a bar and I have been bringing into the club Carling lager which is my favourit drink, the club had paid me what I paid for the lager and I then proceeded to purchase it at the club price, this arrangement went on for 2 years.On August the 2nd I brought onto the club house a 20 pack of Carling and a committee member behind the bar asked what it was about. I explained that the club wont buy it so I bring it in. The commodore who was sitting beside the bar with another committee member said they dont buy it because he had to throw out out of date lager only a short time ago. I tried to explain that I had drunk the last two cans only the previous week to which the commodore jumped up out of his seat and shouted at me in a very aggressive manner "are you calling me a F##king liar" I was left feeling humiliated in front of the other members.Several weeks later after the the lager I had brought in had been drunk I brought in a 10 pack as I was about to enter the club house the commodore appeared behind me out of breath as he must have seen me walking down the path and he wanted to catch me before I entered the club house. He said to me in a aggressive manner "we have had a committee meeting and you are not to bring that into the club anymore" I looked around and saw several members enjoying a drink on the veranda all looking at me then talking among them selves. Once again I was left feeling greatly embarrassed and humiliated. He could so easily have talked to me in a calm manner without the need for shouting at me.
Expert:  Jenny replied 1 year ago.
Ok you have mentioned that you think that you are being discriminated against on the basis of disability? Please can you explain this further?
Customer: replied 1 year ago.
The commodore then proceeded to spread a lie that I had called him a liar and that was his justification for his outburst.
Expert:  Jenny replied 1 year ago.
Hi please can you explain how you believe you are being discriminated against on the grounds of disability?
Customer: replied 1 year ago.
At the AGM last year several members of the previous years committee stood down and there were not enough people who wanted to be on the committee to make up a full committee. I offered to one committee member that as I was ill at the time and missed the elections I was willing to be added as a ad hoc member onto the committee.The member went and had a word with the commodore and the commodore came to and said that I looked like death warmed up and that in his opinion I was not healthy enough to be on the committee.
Expert:  Jenny replied 1 year ago.
Ok so do you have a disability? Do you believe you have been removed as a member/ treated like this because of this disability?
Customer: replied 1 year ago.
No. Although I have broken no rules and they have so far refused to tell me why they are considering expelling me.
Expert:  Jenny replied 1 year ago.
Do you pay for your membership of the club?
Customer: replied 1 year ago.
Are you there?
Expert:  Jenny replied 1 year ago.
yes I asked if you paid for your membership of this club? Have you actually been expelled or is it just being threatened?
Customer: replied 1 year ago.
Membership for the club is due in January each year. I have already paid my annual subscription by bank transfer on the 1st of January but in the evening of the 1st I received a email asking me not to pay my annual subscription until the committee had met to consider my future but the email was too late as I had already paid my annual subscription and had posted off my renewal form.
Customer: replied 1 year ago.
I have my community nurse coming to see me at one o clock have you formed a opinion yet?
Expert:  Jenny replied 1 year ago.
Ok I now have all of the information I need to answer your question. Firstly you do not have rights under the Human Rights Act in connection with any actions which they decide to take. The Human Rights Act does not apply to Private Members Clubs. The Members club is subject to its own constitution and rules save as to the fact that it must not discriminate against an individual in its' decision making contrary the the Equality Act 2010 if it has more than 25 members. It can only discriminate if it treats you differently due to your race, age, religion, disability or sex. What you have mentioned unfortunately would not constitute breach of the Equality Act.
Customer: replied 1 year ago.
Do I have no right to defend myself against spurious charges
Expert:  Jenny replied 1 year ago.
The Club must however follow it's own rules, if it is not it is in breach of contract with you as you have paid a fee. Unfortunately there will be not much you can do if it chooses to expel you using it's own procedure. I realise you were hoping for a different answer but it would be unfair of me to give you false information. I would suggest you appeal against the decision and ask them to follow club rules and threaten legal action in breach of contract if they don't .
Expert:  Jenny replied 1 year ago.
You can write a letter of complaint and ask to be able to put your side forward.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know?
Customer: replied 1 year ago.
You are correct in that this not the answer I was hoping for, the thing that aggrieves the most is the injustice of it all.
Customer: replied 1 year ago.
bye bye
Expert:  Jenny replied 1 year ago.
I am really sorry that you are disappointed by the answer. It does seem injust. I would really write a letter of complaint referencing how they have failed in connection with their own rules. I do hope they will reconsider. If there is anything further you would like to know please let me know. I would be grateful if you would take the time to rate my answer before leaving the site as I am not otherwise paid for working on this question. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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