How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Employment Law
Satisfied Customers: 6398
Experience:  English solicitor with over 12 years experience
62162956
Type Your Employment Law Question Here...
UKSolicitorJA is online now

I have been bullied by my employer and after some time I

This answer was rated:

Hi. I have been bullied by my employer and after some time I have decided to resign. Two days later after my letter of resignation I have been given written warning without following any disciplinary procedures. I was not aware of it and didn't gave any meeting about it...they just gave me a first written warning letter. I have appealed but no answer from them. What can I do in this case? I have worked really hard and my manager can confirm it but my employer gave me a warning for something that even is not my responsibilities.
Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: I am in the position of HR admin
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Dont know

Hello,

How long have you been employed for and did you raise a grievance about the bullying?

Customer: replied 4 months ago.
I've been employed for 1y5m and in my appeal I have explained that I have been bullied. I also point out that I have been treated unfair and mentioned also defamation

Sorry, I cannot talk at the moment.

As you have less than 2 years service, you cannot make an unfair dismissal claim at an Employment Tribunal unfortunately on nthe ground that you were constructively dismissed.

Your employer has to consider your appeal and then make a final decision.

May I help further?

Customer: replied 4 months ago.
If my employer does not concider my appeal and I dont hear from them what do I do?

When is your last day at work?

Customer: replied 4 months ago.
31st of July
Customer: replied 4 months ago.
It's been a week already since my appeal

Thank you.

Under the ACAS Code:

"Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision.

Appeals should be heard without unreasonable delay and ideally at an agreed time and place.

Employees should let employers know the grounds for their appeal in writing.

The appeal should be dealt with impartially and, wherever possible, by a manager who has not previously been involved in the case.

Workers have a statutory right to be accompanied at appeal hearings.

Employees should be informed in writing of the results of the appeal hearing as soon as possible."

You may inform ACAS about the conduct of your employer and their failure to follow due process: https://www.acas.org.uk/index.aspx?articleid=2042

You do not need to work beyond 31 July 2019.

All the best. Please click on 5 stars

Customer: replied 4 months ago.
Thank you

You are welcome. Please click on 5 stars

UKSolicitorJA and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
I confirm that I no longer need to contact me via phone so I have requested a refund. Thank you.