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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49826
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A colleague raised a formal complaint against me; no

Customer Question

A colleague raised a formal complaint against me; no disciplinary action was taken but I now have a management action against me on my file.
A colleague made an comment against me and I emailed him to express my disappointment. My immediate boss lied and stated she overheard the comment and felt it was lighthearted. Both myself and a colleague provided evidence which clearly establishes that she lied.
I have been told that I am unable to appeal this as no disciplinary action has been taken. I feel strongly that this is an attack on me for raising issues against some colleagues manipulating highly vulnerable service users.
Can you please advise? I have had trade union representation throughout but I feel that evidence produced has not been taken into account.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
4 years
Customer: replied 1 year ago.
I happy to chat on site thanks
Customer: replied 1 year ago.
Can you please advise
Expert:  Ben Jones replied 1 year ago.

thank you I will get back to you later this afternoon with my response on here

Customer: replied 1 year ago.
Sorry I am unable to see the response. I have just received an email from you stating that the response has been forwarded.
Expert:  Ben Jones replied 1 year ago.

Hi there, thanks for your patience (and sorry I had not replied until now, not sure what email you received earlier to that effect). If no disciplinary action was taken against you then you cannot appeal so the employer is correct in that respect. However, that does not prevent you from raising your own complaint against them. Just as they have made a complaint against you, you are entitled to raise a complaint against them through the formal grievance procedure. That is when you can appeal if the outcome of the grievance is something you are not satisfied with.

Also in terms of the nature of the complaints I would suggest you consider mentioning whistleblowing as a reason for your treatment – if you have raised concerns about health and safety and are treated unfairly as a result then that would amount to detrimental treatment as a result of whistleblowing which is a serious matter. So do raise this if you think it is relevant and do not hesitate to pursue this via the formal grievance procedure to make a complaint yourself about this person or any other detrimental treatment you believe you are subject to.

In the end if the grievance procedure does not resolve things you only have two options left – either make a claim for whistleblowing or resign and claim constructive dismissal.

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 the above two options and how to take them further. 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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.