Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Hi there. Based on what you have described, what are you ideally hoping to achieve?
OK thank you. Please can you also tell me how long you have worked there for?
OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
This is not harassment but it can be general unfair treatment, or if it is done deliberately – bullying.
As far as the official outcome is concerned, unless you are actually taken through a formal disciplinary hearing and found guilty there would be no formal assumption that you have done anything wrong and you should officially be viewed as innocent. Sadly that does not stop people talking about others behind their backs and gossip will always exist in a work environment.
In terms of dealing with this there are really only two possible options. One is to raise a formal grievance to officially complain about this and the people who have spread the rumours. The other is to resign and claim constructive dismissal. This occurs when the following two elements are present:
· Serious breach of contract by the employer; and
· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
Of course this is a drastic step so should only be pursued if there is no other way out and you strongly believe you cannot continue working there.
Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss what other options you have in terms of negotiating a way out if you have to leave. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you
The employer has a duty to properly investigate grievances but no one can force the outcome they would like so it is still in their hands. You can appeal the outcome if needed. The employer may not necessarily be able to reveal the identity of the person but they can allow you to raise a grievance against them and investigate and deal with it, knowing who it is, but without revealing this to you.
well you do have the right to rise the grievance - as mentioned even if you do not know the identities of those you are complaint about the employer still has a duty to investigate and deal with the complaint and they could discipline them behind closed doors so to speak
you are welcome and best of luck