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Employment Law...Help Please!!!
I'll try to keep this short!
I was being bullied at work because I was unable to take on extra work. I reported it to HR and tried raising complaints but was told to not take it so personally and to get on with it (amongst other things). A number of managers were also aware of the bullying, so much so that they even mentioned it to HR too. Then I was suspended in work in October for a comment written of facebook during working hours which claimed I may punch someone (no names or company name written on it), the person bullying me who had no access to my page decided it was about them and reported me to HR who swiftly kicked me out the door suspended on full pay pending investigation. Following my suspension I sent in a letter of complaint to the managing director outlining all incidents and responses from the HR department. I accompanied this with a letter from my doctor stating I had been to several appointments over the last year telling the GP I was being bullied and was struggling with my work load for which I was prescribed medication for stress.
Anyway, since I was suspended I have been signing off sick with stress and have not yet attended my disciplinary or grievance meetings. The HR Manager is now leaving at christmas...for what reason I do not know. I am now sending a letter of resignation in because I feel like I can not return to work for fear of the bullying continuing, I also know that a number of people in the department the bully works in know that I was suspended and the reason behind it (I was told I was not allowed to discuss it with anyone so the same should apply to her) and I blew the whistle on a number of senior management which would make it uncomfortable to work there again. My GP also outlined a number of personal issues I have had in the last year which has added to my stress and I don't like the thought of returning with a number of staff being aware of these issues, which would not have had to be disclosed had the problem been sorted earlier.
My question is, if I resign can I make a claim for constructive dismissal as I feel forced to take this action.I personally feel:
- I was treated unfairly as my complaints weren't taken seriously but the minute the bully complained I was suspended immediately
- My employer is in breach of contract as it states in the company handbook they have to have the health, safety and welfare of employees covered.
- I feel I can not return to work because of the uncomfortable environment I would be returning to
Any advice would be greatly received.
TIA
I was being bullied at work because I was unable to take on extra work. I reported it to HR and tried raising complaints but was told to not take it so personally and to get on with it (amongst other things). A number of managers were also aware of the bullying, so much so that they even mentioned it to HR too. Then I was suspended in work in October for a comment written of facebook during working hours which claimed I may punch someone (no names or company name written on it), the person bullying me who had no access to my page decided it was about them and reported me to HR who swiftly kicked me out the door suspended on full pay pending investigation. Following my suspension I sent in a letter of complaint to the managing director outlining all incidents and responses from the HR department. I accompanied this with a letter from my doctor stating I had been to several appointments over the last year telling the GP I was being bullied and was struggling with my work load for which I was prescribed medication for stress.
Anyway, since I was suspended I have been signing off sick with stress and have not yet attended my disciplinary or grievance meetings. The HR Manager is now leaving at christmas...for what reason I do not know. I am now sending a letter of resignation in because I feel like I can not return to work for fear of the bullying continuing, I also know that a number of people in the department the bully works in know that I was suspended and the reason behind it (I was told I was not allowed to discuss it with anyone so the same should apply to her) and I blew the whistle on a number of senior management which would make it uncomfortable to work there again. My GP also outlined a number of personal issues I have had in the last year which has added to my stress and I don't like the thought of returning with a number of staff being aware of these issues, which would not have had to be disclosed had the problem been sorted earlier.
My question is, if I resign can I make a claim for constructive dismissal as I feel forced to take this action.I personally feel:
- I was treated unfairly as my complaints weren't taken seriously but the minute the bully complained I was suspended immediately
- My employer is in breach of contract as it states in the company handbook they have to have the health, safety and welfare of employees covered.
- I feel I can not return to work because of the uncomfortable environment I would be returning to
Any advice would be greatly received.
TIA
Answers
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Resigning is always a bad idea, particularly now in the current climate. The DWP won't be handing any JSA over for 6 months as you intentionally put yourself out of work...regardless of the reasons.
As for the Facebook comments....will people never learn. I have seen it so many times where people have lost their jobs because they have insulted someone at work or used Facebook at work when they shouldn't have.
However in answer to your question:
http://www.direct.gov...Dismissal/DG_10026696
As for the Facebook comments....will people never learn. I have seen it so many times where people have lost their jobs because they have insulted someone at work or used Facebook at work when they shouldn't have.
However in answer to your question:
http://www.direct.gov...Dismissal/DG_10026696
" The DWP won't be handing any JSA over for 6 months as you intentionally put yourself out of work...regardless of the reasons"
I often hear that said but I'm not sure whether it's correct. When I last signed on for JSA they just wanted my P45. I don't recall them asking- i just said my contract had ended and they never pursued the matter.
I often hear that said but I'm not sure whether it's correct. When I last signed on for JSA they just wanted my P45. I don't recall them asking- i just said my contract had ended and they never pursued the matter.
http://www.legislatio...996/207/contents/made
long winded but this should tell you if you're entitled
long winded but this should tell you if you're entitled
I agree with resigning being a bad idea, but if you do then just tell the Jobcentre you had to resign due to health problems. It will be true and they have to pay your JSA immediately. I know from personal expierience that they DO NOT check, they just do not have time.
Go to your nearest CAB and ask them for advice about unfair / constructive dismissal .
Go to your nearest CAB and ask them for advice about unfair / constructive dismissal .
Every now and again a question crops up to salivate over - this is one.
Grf has given you the best link to explain Constructive Dismissal - read it all and come back and ask questions if there is anything you don't understand.
As I understand it, you are currently suspended pending an investigation for your comments on Facebook - at least reading the sequence of events you portray above, that seems to be the conclusion. That means that you are being paid in full, so there is absolutely no point in you taking any action to change that situation until the employer decides what to do next.
Sorry to say it, but writing to the company MD whining about this and that whilst the suspension was being investigated was stupid, but it is done now.
The point is that, having suspended you, the onus is now on the company to investigate the allegations that led them to suspend you, then make a decision. At THAT point, and only at that point, is the time to make your next move. Fair enough, learn all you can about the law, and plan what you WILL do when the time comes, but it is absolutely for the employer to decide what action to take, since they are the ones who have suspended you. There is no point in terminating the contract yourself - which may actually be what your employer is hoping you will do.
Please tell us what steps your employer has taken with you to investigate so far. This ought to have involved internal investigation by a manager and should have included interviewing you as part of the investigatory procedure. You have clearly made it harder for them by acquiring Fit Notes whereby your doctor agrees that you are unfit to work at present. That is fine, and is your perogative to do that. However it means that the employer now has to find a way of dealing with the underlying cause that you claim caused the sickness before they can deal with any disciplinary issue - so you have probably held up the investigation and they are scratching their heads to work out the best way around this. That is quite tricky for them and they may look for signals from you that you would be willing to agree to part company from them if a payment is made to you (if you are convinced that is actually what you want). The thing is, they cannot say 'look if we give you X will you leave?' because that initself can be construed as persuading you leave and hence DEFINITELY laying themselves open to a claim for constructive dismissal.
Do not go writing to the employer at this time.
Do not go posting about your circumstances on Facebook or anywhere else again where you can be identified.
But please tell in an anonymous way how far the investigation has got - or have you just had no contact with them?
Grf has given you the best link to explain Constructive Dismissal - read it all and come back and ask questions if there is anything you don't understand.
As I understand it, you are currently suspended pending an investigation for your comments on Facebook - at least reading the sequence of events you portray above, that seems to be the conclusion. That means that you are being paid in full, so there is absolutely no point in you taking any action to change that situation until the employer decides what to do next.
Sorry to say it, but writing to the company MD whining about this and that whilst the suspension was being investigated was stupid, but it is done now.
The point is that, having suspended you, the onus is now on the company to investigate the allegations that led them to suspend you, then make a decision. At THAT point, and only at that point, is the time to make your next move. Fair enough, learn all you can about the law, and plan what you WILL do when the time comes, but it is absolutely for the employer to decide what action to take, since they are the ones who have suspended you. There is no point in terminating the contract yourself - which may actually be what your employer is hoping you will do.
Please tell us what steps your employer has taken with you to investigate so far. This ought to have involved internal investigation by a manager and should have included interviewing you as part of the investigatory procedure. You have clearly made it harder for them by acquiring Fit Notes whereby your doctor agrees that you are unfit to work at present. That is fine, and is your perogative to do that. However it means that the employer now has to find a way of dealing with the underlying cause that you claim caused the sickness before they can deal with any disciplinary issue - so you have probably held up the investigation and they are scratching their heads to work out the best way around this. That is quite tricky for them and they may look for signals from you that you would be willing to agree to part company from them if a payment is made to you (if you are convinced that is actually what you want). The thing is, they cannot say 'look if we give you X will you leave?' because that initself can be construed as persuading you leave and hence DEFINITELY laying themselves open to a claim for constructive dismissal.
Do not go writing to the employer at this time.
Do not go posting about your circumstances on Facebook or anywhere else again where you can be identified.
But please tell in an anonymous way how far the investigation has got - or have you just had no contact with them?
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