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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6463
Experience:  15 years experience of advising on employment law matters
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Employment Law

Myself and by boss have been accused of bully and harrasment

Hi, Myself and by boss... Show More
Hi, Myself and by boss have been accused of bully and harrasment by one of the women working directly for me. She has put in a formal grievance also claiming i am discriminating against her age. She went off on stress leave 4 weeks ago. The case is being investigated internally by a partner of the company, i have had to put a witness statement together and there will be a hearing. The person who made the grievance had a meeting with the partner this week and said she felt ready to come back to work. The partner now expects me to manage that person until the hearing. I have said i do not want to do this as i know every allegation that has been made is a lie and i dont want to be put in a situation having to manage this person feeling very uncomfortable in case more lies are made up. How do I stand? Can they force me to do this? I feel very uneasy as the accusations are so bad, i feel it is inappropriate for them to make me do this until we have had the hearing. If they make me do this i feel like i have to leave as i do not think it is fair on the business to put me in a situation like this. I dont really know what to do ?
Submitted: 2 years ago.
Category: Employment Law
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replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Is there anywhere else in your business she could go, in other words, could your employer avoid you having to manager her at the moment?
Customer reply replied 2 years ago.

Hi, yes there is, we have 21 offices. I think they are scared of making it worse. I think they know it is all rubbish the accusations she has made. I am on leave today and all of next week and she is now in the office with my team, 2 of which are new. I did say yesterday i didnt think it was a great business decision either her being back in the office with new people and no manager but they have done it anyway. I am still in my probation period have been there 5 months ans i am worried if i refuse to have her reporting into me whilst this is going on they might just fire me to make life easier for them. I just cant understand how they could possibly think it was a good idea her reporting into me after such serious allegations

Customer reply replied 2 years ago.
Relist: Incomplete answer.
Hi - i jsut wanted a response and advice to my question the other lawyer seems to have gone off line, thank you
taratill, Solicitor replied 2 years ago.
I am really sorry for the delay I was called away on something urgent. The main issue for you is your length of service as an employer can dismiss a member of staff for (almost) any reason in the first 2 years of employment.
There is therefore a risk that if you raise a concern you could find that, even if the allegations are unfounded, the employer may find it easier to dismiss you than to deal with the issue.
However if this is causing you stress there may be a way round this. You could raise a grievance pointing out that the employer has a duty to all employees to care for their health and safety and say that the stress that this is putting you under could damage your health.
If you raise a health and safety complaint and are dismissed for this this falls within one of the exceptions to the need to have 2 years service.
If you are then dismissed you could claim.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.