Employment Lawyers Can Answer Your Employment Law Questions
I have worked for my employer for 12 years
Thank you. Whilst you do have certain rights in this situation, you cannot force the employer to deal with the specific issue. You can raise a grievance, as you have done, and pursue the employer for an answer but if they still continue to ignore the subject then you cannot actually guarantee a response or a resolution. So in these circumstances you will have to consider your position and how to take this further. Once it has become apparent that the grievance procedure will be of no use and you have exhausted the internal complaints steps, your only option left is to resign and claim constructive dismissal. You would be claiming that your employer’s conduct was so bad that you can no longer continue working there as a result and were forced to leave. It is a risky claim as you will be giving up your job but you will need to decide whether you would be better off staying there and facing a brick wall in relation to this matter or leaving.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Thank you for your detailed answer, this gives me food for thought. Would going to the press be an option, this manager has his fingers in many pies and could be deeply embarrassed if his behaviour were to become public? Alternately would it be too late to take a grievance out without the union input?
you have to be careful with going to the press - it could be a breach of confidentiality depending on hat is discussed and also you cannot guarantee what they will say so they could publish something which puts the employer in a bad light and they could blame you for that, so try and keep this internal if you can. As to raising a grievance without union input if you have an ongoing grievance now then you can request that the union is no longer involved - they do not have to take part, they are there to help you if needed but if you do not want their input then you do not have to have it
Hope this clarifies things for you a bit more?
Thank you for your input.
you are welcome, all the best