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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50154
Experience:  Qualified Employment Solicitor
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My senior manager has made unfounded personal comments

Customer Question

my senior manager has made unfounded personal comments regarding my sex life. She has advised directors that I am in on and off relationships with various paramedics and manipulate people. The person she said this to was appalled and reported it and also to me. This is untrue I am a successful mother, who did date a colleague (Steve) for 9 weeks who left me in the middle of the night £2k in debt hence why there is not truth to the statement when she said I cannot work with Adam as we are on and off together?? The reason I know she knows is that steve asked to move to an other station and she authorised this. Therefore it is very malicious comments that have humiliated me to the point I cannot attend the station is at. I have logged a harassment grievance and the hearing is tomorrow. I am looking for the right words and relevant laws aka dignity at work discrimination and also 'buzz' words as this person is high up in Emergency Services and I fear will make my life intolerable as she has formulated a personal opinion of me when only meeting me on a handful of occasions at the stations. Even if you draft a memo style that I can read from in the meeting to help keep on path. My counsellor has also wrote a letter confirming I have personal reservations and upset due to her of duty of care for my welfare and career decisions she will make for me. Please help and I was wondering can I report her for slander should she admit the allegation?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Remus2004 replied 2 years ago.
What are you hoping to achieve?
Customer: replied 2 years ago.
I do not want here as my manager as she obiviously cannot make professional decisions, she has broken the hcpc code of conduct, bullying and harassment policy and I need to know what other law she may have breached for humiliating me.I actually want her demoted back to paramedic with no management as she has proven she cannot lead by example.I want to enter the room tomorrow and show I understand what I a fee but also what laws protect me and have been breached so this take this seriously and myself.
Customer: replied 2 years ago.
I also mainly also have the security in knowing that I shall be discriminated against again. she currently would make althe decision for me in relation to career progression, any other bullying claims, mileage etc etcI just do not want to answer to this lady.I need my feelings and facts but enough knowledge like I said they take this seriously
Customer: replied 2 years ago.
my meeting is tomorrow so would be grateful for the advice asap so I can print it off and read this evening. many thanks
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Do you still need assistance with your query?
Customer: replied 2 years ago.
Yes please I have paid but not had any in depth advice.
Expert:  Ben Jones replied 2 years ago.
ok you say you had a meeting today, has that taken place?
Customer: replied 2 years ago.
Yes it has I gave a witness statement. All statements now taken so awaiting outcome of upheld. I do not feel they will act on it? I still feel
Humiliated and struggle to hold my head higher that station and I really do want her to come back as my station team leader as I fear for my well being and she has already demonstrated a lack of duty of care and allowed personal opinion make factual unfounded comments to make a professional decision.
Expert:  Ben Jones replied 2 years ago.
Thank you and finally how long have you worked there for?
Customer: replied 2 years ago.
January 2014
Expert:  Ben Jones replied 2 years ago.
Thank you. Whilst I understand the issues you have experienced with this person, you cannot decide what happens to her and how the employer deals with her in the circumstances. I see you mentioned that you wanted her demoted but that is not something you can demand or force the employer to do. You may of course ask that they consider demotion but it is entirely down to the employer to decide if they want to do so. The same applies with any other outcome you wish – you can make it clear why you are asking for a specific outcome, for example that you do not want to be dealing with her any more or answer to her but it is for the employer to consider whether such an outcome is appropriate in the circumstances. So what you can do is make the complaint, provide details of what has happened and ask that they consider certain outcomes, but you cannot force such outcomes to be implemented. Should the employer’s response is unreasonable and they do not actually deal with the matter appropriately, when there were options for them to do so, then they could be in breach of trust and confidence or simply act negligently. This could give you the opportunity to take matters further, usually by making a claim for constructive dismissal against the employer. You have more than 2 years’ service so you are protected against it and can make such a claim if necessary. I suggest you only do so once you have exhausted the full internal grievance procedure. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how you can use it here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 2 years ago.
Thank you very much yes I would like further information regarding the legalities I shall rate the information so far however it states when I finished but I shall endeavour to this if possible
Customer: replied 2 years ago.
As per my first email would you be kind enough to clarify if she can be sued for defamation of character if found she did indeed make these comments?
Customer: replied 2 years ago.
I also do not want to leave my job so can constructive dismissal be used?
Expert:  Ben Jones replied 2 years ago.
Hello, the rating is left when you have finished if you do not want further information, otherwise I can provide follow up questions after you rate, it does not mean we end this if you rate. Thanks