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Jenny, Solicitor
Category: Law
Satisfied Customers: 7731
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I I've just been to work and have been accused by a work

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Hello - I I've just been to work and have been accused by a work collegue of having an innapropriate relationship with another. I don't know how to handle the situation and this is the latest bout of behaviour from this individual
JA: Where are you? It matters because laws vary by location.
Customer: Shrewsbury
JA: What steps have you taken so far?
Customer: I've messaged my boss to tell him he needs to speak to the individual about the accusation that has been made and I've left the office to work from homw
JA: Anything else you want the lawyer to know before I connect you?
Customer: Due to the behaviour of this individual ove the past year or so, I've been diagnosed with depression and anxiety and am on medication to help with this

Hello my name is***** am a solicitor and I am happy to help you today. How long have you worked there for?

Customer: replied 4 months ago.
Just over 4 years - I started May 2015

Have you ever raised a formal grievance about this?

Customer: replied 4 months ago.
Not yet - I've spoken to my boss about this several times but there is no formal HR structure within the business which has made it difficult. My GP has suggested that the next step is to speak to a lawyer or to think about leaving the company because of the effect it's having on my mental health.

In order to leave the the company with the right to claim constructive dismissal you do need to follow a formal process first.

You should raise a formal grievance to your manager to state that the fact that they have not dealt with your complaints is causing you mental health problems, you can state that this is foreseeable and is causing you actual harm. You should state that if the employer does not immediately take steps to protect your health and safety then you will have no alternative but to resign and claim constructive dismissal.

In the event that you do need to resign you should refer to the reasons for it in the resignation letter.

You will then need to contact ACAS to start early conciliation proceedings. and ultimately you will be able to lodge a claim in the Employment Tribunal.

Is there anything else you would like to know about this today?

Customer: replied 4 months ago.
Thank you. Is there any particular way to raise a formal greivance - I understand that this will need to be in writing but are there any particular phrases that I should use (or avoid)?

Hi so long as it is headed formal grievance and states that you 'have no alternative to resign and claim constructive dismisssal' and that they are causing health problems by failing to deal with it despite several informal complaints it will be fine.

If you have any further questions please do ask. Otherwise I would be very grateful if you would take the time to rate my answer, thank you and all the best.

Jenny and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you for your help

No problem all the best.