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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52089
Experience:  Qualified Employment Solicitor
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My employer has called me to disciplinary for a number of

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Hi
My employer has called me to disciplinary for a number of allegations I fought back and I have been suspended for 10 months.
I have not been invited to another disciplinary yet instead have received a letter adding more allegations to the existing ones
One of which is regarding working elves where in my free time
Can I have an injunction taken out against this member of staff for following me and harassment?
What do you call it when they cannot get you on something so they keep trying until they do get you
Thanks
Customer: replied 1 year ago.
Hi please could you help with the above
Cheers

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

It is very unlikely an injunction can be taken out in these circumstances and to be honest the process of doing so is not simple and will be expensive. Also the court may see this as an internal employment matter and decide that it should be dealt with as such. There is nothing stopping you from threatening to pursue the injunction route as a method of trying to make hem stop, but actually proceeding with a court application for it would probably not be wise. As to what you call their actions, I am not sure if you are looking for anything that specific because there is no such specific term, but in general it can amount to bullying - Although there is no legal definition of bullying, the Advisory, Conciliation and Arbitration Service (ACAS) defines it as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Examples given are: spreading malicious rumours, or insulting someone by word or behaviour; exclusion or victimisation; unfair treatment; overbearing supervision or other misuse of power or position; making threats or comments about job security without foundation; deliberately undermining a competent worker by overloading and constant criticism.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 year ago.
Hi thanks
After being suspended for 10 months is it ok for the employer to firstly change the allegations and now secondly add more allegations

That depends on the nature of the allegations and what the investigation has uncovered. There is nothing in law which says they cannot do that but it will be judged on the overall fairness and the reasons for doing so.

Customer: replied 1 year ago.
Thank you
I have already followed grievance procedure for not being fair I feel I was set up
The company changed the allegations I put in another grievance
The company changed the allegations again and now they have added in more allegations relating to giving over documents for my sisters to pursue the company in court. The company handed over these documents to me with their (my sisters) personal details on in first place my sisters just gave them back to the same company who gave them to me. How can I be accused of handing over personal details to my sisters, when this is what the company did in first instance.
Could you phase a reply to send to company as this is unfair.

I am sorry but this is not part of the services we offer, we are jus a Q&A service, we do not do drafting

Customer: replied 1 year ago.
Ok thank you
So would I be able to mitigate by saying they are accusing me of what they did first

You can indeed but remember that sometimes the employer will pursue allegations or take disciplinary action even if it is not fair or you try and show why that is the case - in the end it could mean that the only way to challenge them is in tribunal

Customer: replied 1 year ago.
Thank you
So would I threnthen them with the unfairness and the fact I will pursue them in tribunal
I have 20 years service for this company with no record of disciplinary

yes but try not to 'threaten' them as such, rather than make it clear that you will be considering all options, up to and including challenging this in tribunal if they decide to continue with the unfair process

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much you have been very helpful I will rate you now
Thanks

no problem and thanks