Grievance against my company

[tequilamock]

I am in the process of starting a grievance procedure for bullying & harassment. I have been signed off sick by my GP due to work-related stress (for 2 weeks initially) and have started the procedure the day after I was signed off (so I wasted no time). My question is this: I was signed off before for work-induced stress (for 2 weeks). The company did nothing about this, and, so be fair, neither did I. I simply took some time to charge my batteries and then returned to work. Will the company 'use' this against me? How best should I answer the question - which I am sure will be raised.

I have (I believe) a very strong case (or I wouldn't be following the procedure), but I want to be fully prepared should they ask "You've been off with stress before. Maybe you're just not suited to the job".

I should probably point out that the bullying is new and has been carried out by a new Manager. So this wasn't the reason I was off previously - the real reason was the sheer amount of work (and I actually used the 2 weeks off to catch up with my paperwork!)

Thanks very much

[factor-fiction]

So you have been off twice for two weeks with stress- once because you felt the workloads were too high for you and now because you feel your manager is bullying you.

A key question is how long have you worked for the company.

A second question is did you ever raise your concerns about being overworked?

Third, what do you want to get out of this process? Clearly you want the bullying to be investigated. Do you want to carry on working there? Do you want workloads to be reduced?

It would have been good practice for the employer to speak to you after your first absence. If the reason given was 'work induced stress' they should have discussed it with you.

Finally, are you sure the stress is all work induced. In my experience a lot of 'work induced' stress could just as easily be attributable to aspects of life outside work or simply the person's inherent characteristics.

[tequilamock]

Many thanks for your response. I've been there 10 months.

I'm afraid I didn't raise the point about being overworked.... It's a huge sales company and I reckoned it was just a learning curve for me (having never had worked in sales before)

If I were to return, I couldn't work under this Manager. Apart from bullying me, he has been intimidating clients and trying to involve me in this (of which I have proof).

No - this is definitely work related stress! I have a great life - a wonderful, supportive wife and a happy, healthy 4 year old daughter.

I reckon sales isn't for me though!

But my main reason for doing this is that the company should be made aware they have poison in it... He's only been there 6 weeks. I wouldn't want anyone to go through what I've been through. I've done nothing wrong.

Thanks

[tequilamock]

And, no.... work did nothing about my stress before.... I wasn't even asked about it.

[factor-fiction]

Good luck with the bullying investigation. As I see it, the main problem you have though is that you have worked there for less than 12 months. Within the first 12 months the employer can sack you for almost any reason (barring things like pregnancy, race, sex), so I don't think you would have grounds for unfair dismissal.
If I was your employer I'm afraid I would probably now dismiss you because I could see the potential problems ahead with continuing your employment.
I don't think the fact that you've started a grievance process will help (it may just look like an after the event attempt to protect yourself from an absence investigation). However buildersmate , barmaid or someone may know more on this.

[tequilamock]

The thing is... I have an exemplary sales record.... I'm actually good at the job! But, yes, I take your point. I think this new guy was always going to get rid of me (he's already done it to 1 - but he lied about him and said it was gross misconduct - there is an investigation ongoing). This is part of the reason I thought it was best to remove myself from the situation... The bully was clearly trying to goad me... Then 'do' me for something I didn't do.

I'm prepared that they may 'sack' me, but I'm also prepared to go for constructive dismissal.

So, what do you think the best response is to give them when they say about my previous 2 week sick period (about 6 months ago)?

Thanks

[tequilamock]

And, as I say, this is NOT a case of sour grapes. I have a good case - with evidence - and I also know that this Manager is being investigated from other avenues.

[factor-fiction]

Maybe all this depends on who they are most willing to lose- you, the manager or both.
I didn't think you could claim Constructive Dismissal within your first 12 months.
I can see why the employer would seriously look at dismissal now

[tequilamock]

Can anyone please let me know if constructive dismissal is possible?

Thanks for your response.

[factor-fiction]

Start here:
http://www.direct.gov...Dismissal/DG_10026696

[factor-fiction]

"I reckon sales isn't for me though! "

"The thing is... I have an exemplary sales record.... I'm actually good at the job! "

Are these statements consistent?

[EDDIE51]

F30 has given excellent advice. I would hang on at least while the investigation into the manager is under way. Keep notes of every instance of bullying with the date and time, if it does come to a case of constructive dismissal they will be invaluable. However I also think that you have been there too short a time to make a claim.
You mention the manager got one person sacked for gross misconduct , yet he (the manager) has only been there 6 weeks, I think it is very unlikedly that a person could be sacked for gross misconduct in so short a time frame if the full correct procedure has been used. So there is a second 'line of attack' against the manager, more reason to hang on and put up with it for a few weeks yet. Whatever you do DO NOT resign as then you could have problems claiming JSA.

[tonywiltshire]

Your employers have a duty of care towards you and are responsible for the actions of their employees; presumably this harassment is not on the grounds of sex, race, disability, sexual orientation or religious belief. As f 30 says you have difficulty with a remedy if you have only been with your employer for 10 months (1 years service is required to go to an employment tribunal), your best advice is probably to remain with your current employers and follow your grievance procedure putting your case without becoming emotional, I know this is not easy. If you are a member of a trade union contact them, they or another employee can accompany you.

There are five potentially fair reasons for dismissal:
Capability
Conduct
Redundancy
Contravention of a statute
Some other substantial reason.

Do not try constructive dismissal as Eddie says you may then have a problem claiming JSA as you have made yourself unemployed, it is also very difficult to prove constructive dismissal and remember you do not have a remedy until you have been with this employer for one year.
Probably not the advice you wish to hear but stay and go through the grievance procedure.

[tequilamock]

Thanks all.

Yes, comments are consistent - you can be good at something without liking it!

Thanks all for your helpful comments.

It actually looks likely that I'm about to be offered a job I really DO want (in my original field), so I'd be leaving anyway. However, I still intend to go through with the grievance - if only to protect my current colleagues.

[factor-fiction]

I admire your loyalty to colleagues. I would bear in mind though that you can be dismissed for almost any reason in the first 12 months and your employer may just decide to dismiss you given your absence record and raising of a grievance, so that might make it harder for you to get another job, and you may want to hang on here until you get a new job.
Having said that, if the job makes you feel ill, then maybe you are better leaving anyway

[tequilamock]

Thanks. But, as suspected, I have now been offered another job. I still intend to go through with the grievance as I do believe the company should be made aware. I also feel it will help the colleague who is currently on suspension (as well as the other 2 colleagues this bully-boy is threatening to 'bring down' - his words not mine.

[woofgang]

"
factor30
"I reckon sales isn't for me though! "

"The thing is... I have an exemplary sales record.... I'm actually good at the job! "

Are these statements consistent?"

They can be. When i was at work I was very good at things I HATED doing.
Oddly the main example of this was disciplinary investigation and interviewing.

[tequilamock]

Good point - well made, Woofgang. From what you see here (and I know it's not much information - I have a 16 page document (with evidence to back up my claims), given your experience (albeit unpleasant) in interviewing/disciplinary etc - do you think this employer would take a dim view of this new Manager..? The team are all terrified - but too terrified to speak up....