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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75995
Experience:  Qualified Solicitor
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I have a few questions about a grievance I have made at work

Customer Question

I have a few questions about a grievance I have made at work and whether I could take this to a tribunal
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: Manchester UK
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, thank you
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 17 days ago.

Please explain the the circumstances that led to you raising the grievance in some more detail, and has your employer completed their formal investigations into it?

Customer: replied 17 days ago.
I have put in a formal grievance at work due to sexual harassment and bullying. I put in my notice due to the severity of this and HR have asked me to take back my resignation until they sort it out. I was wondering if I was to do this would this effect me in a tribunal court?
Expert:  Ben Jones replied 17 days ago.

How long have you worked for this employer please?

Customer: replied 17 days ago.
I have worked there for 1 year and 10 months
Customer: replied 17 days ago.
I can send the grievance letter if that would help?
Expert:  Ben Jones replied 17 days ago.

Yes please do upload a copy of the letter on here

Customer: replied 17 days ago.
Wren Kitchens Limited
The Nest,
Falkland Way,
Barton Upon Humber
DN185RL.Monday 15th November 2021.Dear HR,
Subject : formal grievance.Please accept this letter as a formal grievance.During my time at the Bolton showroom I have experienced extreme mental stress and bullying at the hands of the manager Danny Brooks. Danny has repeatedly made sexual and inappropriate comments towards me and other female members of staff which has triggered my PTSD on multiple occasions leading me to have flashbacks and audio hallucinations and has caused my BPD to fluctuate at an alarming rate.The first count of this happened in the showroom canteen where I had been eating my lunch with my former colleague Naiomi. Naiomi had just walked out the canteen when Danny asked the assistant manager ***** *****, “Ben, wouldn’t you shag Naiomi?” Where they then both agreed that they would.Another instance of this would be when Danny and Ben made me sit down at their desk and asked me “Which of us would you go on a date with?” Danny then became frustrated when I said it wouldn’t be him. This made me so uncomfortable that I had to leave the conversation and stand outside to calm down.When I first moved to this showroom I became friends with Harriet Alladyce - one of the designers. Danny told us that we were not allowed to be friends outside of work and that he found it weird we were friends and had a sleepover. He told us that if this continues one of us would have to move showrooms which made me very depressed as I felt I was being controlled and judged by everyone in work. He took me into the back office where he told me Harriet was preying on the new young girl at work due to her sexual orientation which wasn’t the case at all he also told me she would manipulate me. For one, he has no right to decide who I can be friends with and he automatically assumed my sexual orientation which caused me great distress as again I felt judged by everyone.Danny and Ben had disclosed my salary with other members of staff to embarrass me about how little I earn and told others how they would not be giving me my full bonus which is extremely unprofessional. This caused me so much embarrassment and made me feel physically sick when coming into work. Danny and Ben told multiple people about how I was - in their words - shit at my job. This then became a joke around the showroom about how I never do anything and how the other receptionist was much better than me.I had requested a weeks holiday for October, which I requested 6 weeks before I needed it off. Danny initially refused to accept the holiday request which made my anxiety heighten to the point where I didn’t want to leave the house as I was constantly panicking. I asked Danny on two occasions to accept the holiday and on the second attempt he became very hostile and began shouting and swearing at me in the middle of the showroom with staff and customers around. He said “Piss of Heidi, you’re starting to really f**king annoy me” to which I said nothing and walked away. When I took myself away from the situation I began to cry.Danny and Ben are very much aware of my mental disorders as I have disclosed them multiple time in hope that the bullying and belittling would stop. To which I had no luck. Every time I would come to work I would have an awful sick feeling caused by the anxiety of being in such a hostile work environment. I decided to change to be an IA to reduce the amount of times I had to be around Danny and have any interaction with him. I ended up having to hand my notice in as I felt this would never stop and pushed me to a point where I have long lasting mental side effects and cannot imagine myself working again as I am scared this will happen to me wherever I go. Danny has known the entire time of me being there that I am absolutely terrified by him and what he could do to me as other members of staff have told him this.The equality act 2010 says that I am protected against harassment at work related to my protected characteristic of gender and sexual orientation.
Harassment is defined in the act as unwanted conduct related to a relevant protected characteristic, and has the purpose or effect of ;
violating my dignity, or
Creating an intimidating, hostile, degrading, humiliating or offensive environment for me.I have tried to resolve this matter by speaking to Danny and Ben about my struggle with mental health and how their behaviour has triggered me but I am not satisfied by the outcome. Consequently, I would like to formally raise my concerns through a grievance in accordance with the company’s grievance procedure. The reason for this is to investigate the concerns which I have raised, with a view to resolving these then as soon as possible.
I understand that a grievance meeting will be arranged in which we can discuss this matter and try to resolve these concerns. I also understand my right to be accompanied in this meeting by a colleague
Customer: replied 17 days ago.
trade union representative.
I look forward to receiving your response in writing within 7 days from the receipt of this letter or in line with the company’s grievance procedure.Yours sincerely,
Heidi Meadows
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Withdrawing your resignation now should not have an affect on any potential Employment Tribunal claim in the future, as long as you then deal with any further breaches without undue delay. For example, if you stay in employment there, they deal with the grievance and they find no case to answer, then you can rely on that to still resign and then consider a claim.

You are able to give them a fair opportunity to try and resolve this, without affecting your rights, but if it is clear that they are not going to do anything about it, or the decision is inadequate, you can still proceed with a claim on the basis that they have failed to resolve this issue.

Expert:  Ben Jones replied 17 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 17 days ago.
Thank you so much for your advice. They have said if I withdraw my resignation they will continue to pay me until this has been resolved or looked into. My concern would be if I did this and then proceeded to put in a claim or go to a tribunal they may say they have been paying me still and I would get nothing from a claim. Would this be the case?
Expert:  Ben Jones replied 17 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. This will only be the case for the period which they were paying you for – you cannot recover money when you were being paid, but obviously if you were to claim in the future then you would be claiming for the period after you resign again

Expert:  Ben Jones replied 17 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.