I want to understand whether I have a case for constructive
I want to understand whether I have a case for constructive dismissalAssistant: Where are you located? It matters because laws vary by location.Customer: UK, southeastAssistant: Has anything been filed or reported?Customer: noAssistant: Anything else you want the solicitor to know before I connect you?Customer: no
I'm currently in an extended probationary period (I did not
Hi I'm currently in an extended probationary period (I did not agree with the reasons in the first place) I'm experiencing difficulties. I have an excessive workload and I am being bullied. I was the only employee in my Area Office that was not allowed to attend a team building day. I'm about the complete a Bullying and Harrassment form to give to H.R. I'm in the Union too. What is the best way to handle this? I cannot work for them any longer because there is no-where to go. Will this affect my references from them? Thanks
My manager has decided to initiate an 'informal' process due
Hello,My manager has decided to initiate an 'informal' process due to 'behavioural' issues. That came out of the blue, based on the 'evidence' in the form of feedback she has solicited from a few people (even though she claims that most of it is unsolicited). The list looks more like a list of accusations and one-sided opinions (e.g. Alex: 'not taking ownership/accountability', without specific examples, and some of them are false (which I can prove) and even contradictory. Some of these people have only interacted with me on a couple occasions and most have never said anything to me in my face, and went directly to my manager, or she has asked them, I am not sure.I feel that I have not been given an opportunity to defend my position, honestly, it feels like a lynch mob and has caused me a lot of stress this weekend.Based on these statements, which I refute, she proposed to remove me from the project and place on a 'Performance Focus Plan' for 6 weeks, which is humiliating given that it's been announced at the top level and across the company that I am leading this workstream (no problem with my performance, just my 'behaviours'). She instead wants me to hand over the project by the end of next week, and then do something completely different, which is made up and is not in her and, therefore, departmental objectives.I've been thinking about a lot what I should do. I decided that the relationship is broken down and I really don't want to be publicly humiliated like this (i.e. being removed from leading the work stream because some colleagues complained behind my back, mainly because I kept flagging a few issues and the way the project is being run) and do something completely different (given that I've only moved to this role in November and that was announced widely).I wanted to take a sick leave and just raise a grievance but on reflection I thought that I would talk to HR first, in the hope they will be willing to listen to my side of the story, which I doubt as they have advised my manager on this process in the first place, although I am not sure whether they have seen the 'evidence' list as it is poorly written and very unconstructive. I am also not sure whether HR are aware that she has decided to remove me from my core job and give me something that is not in her own objectives, so this is confusing, what is she trying to do (or the two of her lieutenants, who, I suspect, are the instigators of all this).Apologies for the long context, I would appreciate your help with the following:1. My manager asks me to 'sign the PFP and return to her for her to sign and retain'. Why is this signature necessary if the process is 'informal'? She said that a formal disciplinary process maybe started in 6 weeks if I don't achieve the objectives of the PFP (although this is not stated on the PFP form).2) Does she have the right to basically remove me from the project I am leading and, so basically remove me from my job. As I said, the list of things she wants me to do are beyond her department and are not even in her objectives so the senior leadership does not expect our department to use a full time expensive resource to do all these things.3) If I refuse to sign the document (which I intend to do), what are the consequences? Am I then entitled to just carry on what I am doing, i.e. leading the project?4) How can I have myself heard? I've been presented with a list of accusations, that she has solicited from a few selected people, and feel like have not been given a chance to defend my position. Is my only way to do this is to raise a formal grievance?5) There is a potential role in another business area and I said to my manager, why don't you just let me move there? I actually did not even want to do this project or move to her department (I'll ask about this separately). She said, 'if Will comes to me, I will have to tell him about the feedback about you and that I've initiated the process I doubt he will offer you a job then'. This sounds really malicious! Does she have the right to do this?I would appreciate the answers to my questions above and any further advice you might offer.I would be very grateful for a quick response.Many thanks,Julia
Lately i have changed managers, and am consistently been
Lately i have changed managers, and am consistently been degraded, been left out of meetings and generally been put aside. This has lead me to start looking for employment elsewhere and i have noticed that on my contract, i have a 6 month written notice.This severely impacts my job hunt as i doubt any new company will wait 6 months for me, what can i do?Also i am constantly reminded that i am lucky to have a job, and continuously feel that they are waiting to give me the chop. Would this constitute as constructive dismissal?I have thought of discussing with HR, but am scared of repercussions.How does the law protect me? how can i safeguard myself?
Ben, further to my query as discussed previously, I have had
Hi Ben, further to my query as discussed previously, I have had a response through ACAS that the company might be interested in a settlement and have asked me for a figure or a range for settlement if the issue.But I am not sure how to draw a figure for the mental stress this had caused me. And how it has been affecting me continuously. I feel like a different person now.Also, I want to make sure that this settlement becomes public in a way so that other companies and people become aware about the issues. So that no one else has to deal with thus humiliation and discrimination.I do have couple of thoughts about that:1)Is to ask a public apology in a newspaper or something even without mentioning the identities of both.2) Is to ask to organise a charity event for homeless people where I can possibly arrange as many Silh people as I can to work for free. They pay for the event and not the staff. In that way I can make a statement that sikhs can work in hospitality! I am not sure hiw practical this one is but I just want to make sure this issue becomes highlighted and people think about it.But at the same time I don't want to make it too complicated either!I will appreciate your advice on this.Regards,Raman
My employer has called me to disciplinary for a number of
HiMy 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 onesOne of which is regarding working elves where in my free timeCan 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 youThanks
I work for local government and 2 years ago we recruited a
i work for local government and 2 years ago we recruited a member of staff, who was difficult to manage, she made a grievance to my line manager, I had a meeting and it went to 2nd stage, there was no case to answer, however for the continuing period of her employment, she was supervised by my line manager then back to me, she continuously made allegations and complaints, about how I managed her work, each one being looked at by line manager, no case to answer, I then had a disagreement with my line manager over this and senior manager decide I should be managed by the team manager, the employee was dismissed ( this took 5mths) summarily dismissed for grass misconduct, the team were not given any details of her dismissal other than she has been dismissed. appeal up held dismissal may 2017. the team has been unsettled since, with her trying to implicate team members and myself in her dismissal, my manager feels this is my fault, and since then he has insisted I take back control, as guided by him, the team have since now lodged a grievance against myself in relation to how the ex employee was dismissed, and how they feel I do not communicate with them, give them work when they want an early finish, they are contracted to work alternate weekends, they complain I give them a whole day on sat when they have things booked. three of the team are getting together and having meetings to discuss issues, they are very subtle but undermine my position, make comments ignore at lunch or on training, don't reply to emails, criticize everything, when asked to offer solutions they can't, there are 6.5 posts currently in the team and two other members of staff are very much behind me as they have suffered comments whispering behind doors, etc. they make the environment difficult to work in. my question is does this constitute harassment of myself and my other staff. some of the comments they have made include things like I will not let them look at my diary, I lock my computer when I leave it, and I do not share my chocolate, and one worker feels I sing in the office so I do not have to speak to her. other staff have had comments about their dyslexia, and age, like you can't help it if your dyslexic, well when you get old? there seems to be no end to this, could I take out a grievance of my own. my manger says I can't take a grievance out against my some of my team as this looks like I am the problem not them. suggestions please. many thanks Marie
I work for a high street Bank. I am currently on secondment
Good afternoon. I work for a high street Bank. I am currently on secondment and have been for 18 months. I am due to return to my business area but was offered another secondment with another area in the bank. This was declined by my business area, understandably, as they did not want me away on a second secondment and had plans for that business area. They advised me that if I wanted to move across, I would need an offer of a permanent position from that area of the bank. They have now done this and confirmed in writing to.my original business area that they guarantee me a position and that I do not need to return there. Unbelievably, even though a permanent position has been offered as they required, they have blocked my move yet again based on the 'needs of the business' and for the 'stability of the department. ' This is all well and good but I have not been working with them for 18 months therefore have not contributed to the needs of that specific business area i.e. they have not missed me as I have on a nearly 2 year secondment. The individual that is blocking the move is doing so purely because they do not like to be challenged. It is basically a lose lose situation where the department who wants me can't have me, and the department where I will be going back to will not have the benefit of me because I will eventually leave. Any advice?