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MatthewM1117
MatthewM1117,
Category: Employment Law
Satisfied Customers: 333
Experience:  Expert
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I have been bullied at work by colleagues and manager. Feel

Customer Question

I have been bullied at work by colleagues and manager . Feel victimised and ostracized . Caused I'll health physical and mental and now signed off work. Asked to be redeployed away from current NHS trust but nothing forthcoming. Have been working on a bank contract vaccinating which has helped me so much with my mental health but now I have been asked to attend a meeting as my NHS trust are aware of me working elsewhere. I resigned 8 weeks ago and leave in 2 weeks. What can they do to me ? I start my new job in 2 weeks .t
JA: Have you discussed this victimisation issue with a manager or HR? Or with a lawyer?
Customer: HR and deputy director of nursing. They referred me to OCC health and deputy director of nursing told me to go off sick as did not feel I was fit to work
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee. No not in union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so. I have no previous disciplinaries/warnings . Good sickness record until this period.
Submitted: 10 days ago.
Category: Employment Law
Expert:  Virtual-mod replied 10 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 10 days ago.
I will continue to wait
Expert:  MatthewM1117 replied 10 days ago.

Good morning, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Did you raise a grievance in relation to how you were treated?

Did you have a clause in your contract which prevented you from working elsewhere?

Customer: replied 10 days ago.
Hello
I spoke with the deputy director of nursing after I had raised the issue with HR. I spoke and listed all the episodes of my perception of when the incidents took place.
I was informed that mediation would be needed with the manager concerned followed by meetings NGS with team members/colleagues. At the time I did not wish to pursue a grievance as I was feeling very low and resigned early April after securing a new job. I felt that a working relationship was not possible after mediation and that things had broken down. OCC health were involved and felt that a redeployment was necessary and whilst I was happy with that nothing was actually.put.into.place and I was advised to see GP and get a sick note. My brother at the time was in ITU and I have caring responsibilities for elderly parents who live some 2 hrs away. The vaccination programme has been so gratifying and rewarding my mental well-being has improved.
I am unable to find my contract but I don't.belueve I am not.allowed to work elsewhere but unsure if I am supposed to notify my employer, however there was an email for mutual aid that was sent to us all via our line manager for.us to do in our own time.
Expert:  MatthewM1117 replied 10 days ago.

Thank you for the clarification, if there is no clause in the contract that prevents you form working in your own time I do not think this is something that should cause condern. Have they stated the reason for the meeting?

Customer: replied 10 days ago.
I don't doubt there is a clause in contract saying we have to declare secondary employment. But the mere fact the line manager sent the email to whole team telling us the work is there for us to do the n our own time. All I know from a brief telephone conversation is that they want me to go to work to have a meeting about me working elsewhere whilst off sick with them. They told me I can bring someone with me. I leave on 20th June . I am off sick with depression due to the bullying etc etc and can't face going in but don't know what the repercussions could be
Expert:  MatthewM1117 replied 10 days ago.

Thank you for the clarification, if you are signed off sick you are not under an obligation to attend any meetings. If your sick leave continues up to your leaving date is unlikely that the company will be able to take any actions against you.

If you are able to attend the meeting then you should attend and have a colleague accompany you, this does appear to be an investigatory meeting.

Customer: replied 10 days ago.
Can they retract the reference for my new job? Could they punish me with gross misconduct? Just very worried
Expert:  MatthewM1117 replied 10 days ago.

An employer can refuse to give a reference, however most references tend to be factual in nature.

It is unlikely that they could find that you had committed gross misconduct without having a meeting with you first.

Customer: replied 10 days ago.
Can they not go ahead with disciplinary procedure without me and make their own conclusion? I just wondered if it was something I could do and put my mitigating circumstances in writing and send to them?
Expert:  MatthewM1117 replied 10 days ago.

At this stage it doe snot appear to be a disciplinary but an investigation, they can continue with a disciplinary hearing in your absence however they would need to take into account your version of events before making a finding especially if there was no clause to state that you had to declare secondary employment.

Customer: replied 10 days ago.
could I send in a written statement in your opinion?
Expert:  MatthewM1117 replied 10 days ago.

Yes at least if you put something in writing this will give the employer something to consider rather than not attending the meeting and having the hearing go ahead in your absence.

Customer: replied 10 days ago.
I am confused as to what I should do. I am off sick and leave in less than 2 weeks. Even if clause in contract, I do feel that the line manager forwarding us all an email requesting our help to vaccinate for covid-19 in our own time implies that it's ok. The fact that I was bullied which resulted in depression and palpatations for which I am now under a consultant forced me to not be able to work there but absolutely ok to work somewhere I am made to feel my worth.
Expert:  MatthewM1117 replied 10 days ago.

I would agree with your comments, the line manager requesting for your help to vaccinate for Covid-19 would appear to demonstrate permission to carry out a secondary role. I understand that you are concerned about the meeting however without attending it is difficult to envisage what the outcome of the meeting will be (if any).

Expert:  MatthewM1117 replied 9 days ago.

Hopefully I have answered but if anything remains unclear I will be happy to assist you further.