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Confused of what route to take

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  • #31
    Re: Confused of what route to take

    No there is no mention at all of being accompanied in the meeting. The ending of the letter states
    "We feel we have answered your points after discussing it with your manager but if you would like a meeting we have arranged one on..."
    So they answered my grievance without speaking to me. But I can prove the contents of lies.
    Im not 'concerned' regarding the meeting with the different manager, although they have named her in the letter as one of the people I approached and lied to. Unfortunately for them, there are texts between the two of us contradicting their claims. So although I will have to explain in the meeting, if she backs up their claims, that she is of course lying as I'll 'remind' her of the texts, it's not exactly ideal but I will of course do so.
    I just find it completely baffling that they 'investigated' after I sent in bullet points and now I'm having to go through it with someone else. This morning I have a fire in my belly rather than hurt as they claimed I endangered vulnerable people and that is not only absolute nonsense that I can prove, it is a terrible accusation to make in an attempt to 'cover up'and make me look incompetent.
    I knew it was never going to be a bed of roses but the contents are so far from the truth, it's disgusting and I didn't expect that.

    Comment


    • #32
      Re: Confused of what route to take

      From a procedural perspective they are not conducting the grievance in the correct way in my opinion. The letter that you received should have been detailing the arrangements for the hearing of the grievance, who was attending from the company and in what capacity and giving you the right to be accompanied by a TU rep or a work colleague. Now I am not sure whether you would want to be accompanied but nonetheless you have that right and it should have been expressly put in writing.

      I know from an earlier post that the company does have a grievance procedure therefore it may be worth just having a review of that policy to see what they say the process will be and more importantly whether the letter you received falls in line with that process.

      You have a couple of options 1) wait and attend the meeting and see what happens 2) attend the meeting but at the outset make it known that you should have been given the right to be accompanied and if you did want to be accompanied let them know that you would have wanted to be accompanied. At this point they should offer to adjourn the meeting 3) write to them in advance of the meeting questioning the process for their grievance procedure, detail any variance from their published policy and ask why you have not been given the right to be accompanied.

      You need to progress in a way that you feel is right having a better understanding of the dynamics of your company and that you feel comfortable with - I have just given you some options
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      You are braver than you believe, smarter than you think and stronger than you seem.



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      • #33
        Re: Confused of what route to take

        Hi again.
        I followed your advice thank you, and wrote them a letter which they received Thursday morning. I asked if I was allowed to take a legal rep with me and asked for my diary (to prove dates and outcomes) and for the date I apparently made a fundamental error.
        I still haven't received a reply to the letter but attended the meeting yesterday anyway.
        I was told at the start of the meeting that it was informal so I didn't need anyone to accompany me, made aware of mistakes (this manager admitted I hadn't said anything to her which the grievance reply said I had) but I was given the wrong diary. I was given a date verbally which I could dispute.
        Never the less I continued and provided my evidence to dispute the accusations. (It's pretty solid evidence)
        I was asked what I want and again offered the other job which I declined due to back problems and explained why. I was asked if "I'm expecting my job back" to which I replied "After the company has made slanderous and made up accusations about me, can you see that being a possible scenario?" Not to mention they've already given my job to someone else! She did agree that in her opinion she can't see that being a step forward.
        I couldn't say what I expected the outcome to be now as my head is a complete mess. Theres been a lot of nastiness and honestly, I'm not even thinking straight.
        Im on level 6 with mental health, as in I am struggling big time so they are concerned of suicide thoughts, so I said I just want this done so I can concentrate on getting better.
        i did say I'm willing to go to tribunal as this whole mess could of been avoided and there's been no support, no how are you (they're aware of the physicatric evaluations) and she said obviously we don't want that.
        so now I'm awaiting the directors decisions.
        I can't afford to live on statutory sick so I know I have to make a decision so that I can get better and get back to working.
        My question is, do you think I'm just wasting my time and I have a case (disability, bullying which they've denied, slander (the accusations were awful) breech of contract as they've not stuck to their grievances etc or do you think it's not strong enough for a tribunal? Sorry for the essay.

        Comment


        • #34
          Re: Confused of what route to take

          Hi and thank you for the update on what has happened. Well done on dealing with the meeting in the way that you did it could not have been easy.

          In terms of what you have said "I know I have to make a decision so that I can get better and get back to working." do you want this to be at the company you are currently at in new employment elsewhere?

          Going to a Tribunal can be a very stressful experience and the outcome is not guaranteed. If you do not really want to continue working at the company, I am wondering whether, with what you have already said about being willing to go to a Tribunal and the response from the manager being that they would not want that, if it could be worth exploring whether the company would agree to you leaving under the terms of a Settlement Agreement (SA). SA's set out the terms of departure between an employee and employer and once signed, prohibits the employee from bringing legal action against the employer in respect of their employment and/or its termination. This is usually in exchange for a termination payment, and other benefits which are also set out in the agreement. You would not be able to bring a tribunal claim in respect of a standard list of claims, which protects the company and in return you would be given a termination payment and an agreed form reference.

          It may be something to consider whilst waiting for the response from the directors.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.



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          Comment


          • #35
            Re: Confused of what route to take

            Thanks Ula.
            No I definitely don't want to go back. I can't even comprehend working for a company who have invented and lied about such awful things. Plus I will always worry incase I do genuinely make a mistake in my role, we all make mistakes, and will they be watching me like a hawk to get me out.
            Im depressed because of all of it, the bullying started it and after 8.5 months of it, I just can't put myself back into that environment for my own sanity.
            I agree at SA. Do I have to wait for them to suggest it or can I? Is any settlement likely to support me for the next couple of months while I recover mentally? I mean I've had 8 lots of meds in 4 weeks and that don't come cheap, as well as normal day to day living.
            I don't know if it's just a couple of months pay you get? I have absolutely no ideas on settlements.
            please don't think I'm cruel, as I'm not usually, but part of me wants them to pay for what they've done to not just me, but others before me. They're well known to push you until you break. I don't mean pay financially to me, I mean pay as in learn from it and don't do this to someone else so they feel as low as I do.
            But I guess I am just one mentally messed up person against an organisation. So to me it's not just about the financial win, it's about standing up to bully's and liars but I equally know it could just be too much.
            sorry, I don't mean for you to answer things that I can't answer myself. I'm just one messed up individual.

            Comment


            • #36
              Re: Confused of what route to take

              I thought that would be answer and I can understand why.

              A settlement agreement is usually instigated by the employer but this is not exclusively the case and it can be initiated by an employee. You have already mentioned that you are considering a tribunal claim and if they do not want to deal with the possibility you doing so then this would be a neat way to resolve it for them as well.

              In terms of payments you would contractually be paid your notice period plus any accrued but untaken holiday. There is also an argument that if the company had not put you in this position you would still be working for them, you now need to find another job so there should be some "compensatory payment" in addition.
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #37
                Re: Confused of what route to take

                Ok thank you. While I await the outcome that will give me something to think about.
                So is it normal for the grievance meeting to be held by a manager, yet she's not investigating it?
                I mean the directors spoke to my manager, gave me the written reply based on what she said.
                I then had the meeting with a different manager and she has passed it back to the directors. So the decision lies with them which I get as it's their company, but baring in my mind they haven't spoken to me, why doesn't the manager who heard the evidence getting witness/evidence outcomes etc?
                I don't understand why they investigate and not her.

                Comment


                • #38
                  Re: Confused of what route to take

                  A grievance should be heard by someone who is impartial i.e. not been involved in the previous proceedings. However they should be someone who has the authority to make the decision about the outcome of grievance.
                  If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                  I do my best to provide good practical advice, however I do so without liability.
                  If you have any doubts then do please seek professional legal advice.


                  You can’t always stop the waves but you can learn to surf.

                  You are braver than you believe, smarter than you think and stronger than you seem.



                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Comment


                  • #39
                    Re: Confused of what route to take

                    Yes she is impartial and I think that's why she stated at the start of the meeting that the directors had got it wrong in naming her in the reasons, as that would have bought her into it. She's always been sympathetic and listened to me in my previous role when she was my manager so I felt comfortable with her holding the grievance.
                    But she's not the one investigating it, the directors are. They will be looking into my defence evidence and testimonial, not her. I just found that a little strange as yes minutes were taken, but hearing someone passionately defending themselves isn't the same as reading notes.
                    Maybe im over thinking because the directors originally ruled against me and 'sided' on my current managers version of events so I'm worried it don't matter what evidence I present. Whereas the manager conducting the grievance really made me feel she was impartial and agreed with a lot of my points. I guess I will find out soon enough. Thank you again for the support.

                    Comment


                    • #40
                      Re: Confused of what route to take

                      I think best at the moment to see what the outcome is and then review the best course of action.

                      I know its hard and you are bound to be analysing the situation from all angles - its normal when you are in this kind of situation.
                      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                      I do my best to provide good practical advice, however I do so without liability.
                      If you have any doubts then do please seek professional legal advice.


                      You can’t always stop the waves but you can learn to surf.

                      You are braver than you believe, smarter than you think and stronger than you seem.



                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Comment


                      • #41
                        Re: Confused of what route to take

                        I know, I constantly threat and worry and re-analyse everything that's been said and done.
                        I had to phone in regarding wages as I got paid a lot less on sickness and the manager who held my grievance said that 'unofficially' I can tell you that as far as we are concerned you are employed in the role you already was doing.
                        So more mind games as it was never an option, I was stood down and my job offered to someone else. So I guess they are worrying a bit and trying to cover themselves. Luckily I have messages from my colleagues saying that the morning I went off sick (before I'd had a chance to tell them) they were approached and told I was offered a different job and the other lady has mine. The reasons given were the initial ones I was given.
                        I never received a reply in the end regarding my diary or any content I enquired about, even though I was told it was onnthe way.
                        i will do as you said and await the reply and try not to let it over ride my whole life.
                        thank you again

                        Comment


                        • #42
                          Re: Confused of what route to take

                          I know its hard but until you hear anything officially then it is just "rumour". I would hope that as you had the meeting a week ago tomorrow that you should get a response from the directors very soon. Once you get that then it should provide a clearer idea as to what is actually going on and what options you will have.
                          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                          I do my best to provide good practical advice, however I do so without liability.
                          If you have any doubts then do please seek professional legal advice.


                          You can’t always stop the waves but you can learn to surf.

                          You are braver than you believe, smarter than you think and stronger than you seem.



                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Comment


                          • #43
                            Re: Confused of what route to take

                            Hi
                            I checked the grievance policy with my company and it said
                            "The grievance manager will write to the individual within 7 days of the grievance meeting being held." It's now 9 days and there's been nothing. As it took 4 weeks to even get to the meeting, would you ' chase' them for a response?
                            Im a bit worried as I only have 5 days to appeal (if it's not the outcome I hoped for) and i am in hospital next week having a breast biopsy. I worry they've planned it to come around the time I'm due in as I'm obviously worrying about the procedure now too and I made the grievance manager aware of the latest health worries when I took my sick note in on Tuesday.
                            or would you just sit and wait it out? I now only have 7 weeks left to get it to tribunal if it has to go that way so I'm also fearing they're going to hold out like they did with the meeting.
                            can I quit and apply for tribunal without having an appeal?
                            i know this is all 'what ifs' as I don't know the outcome yet but I'm worried I'll miss my tribunal dead line.

                            Comment


                            • #44
                              Re: Confused of what route to take

                              I would email the person who held the grievance meeting detailing the "response time" in which you should have heard the outcome of your grievance. Explain that it is now 9 days, that you going into hospital next week and had hoped that you would have heard by now in order that you were not left worry about the outcome of the grievance to add to the stress of undergoing a biopsy.
                              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                              I do my best to provide good practical advice, however I do so without liability.
                              If you have any doubts then do please seek professional legal advice.


                              You can’t always stop the waves but you can learn to surf.

                              You are braver than you believe, smarter than you think and stronger than you seem.



                              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                              Comment


                              • #45
                                Re: Confused of what route to take

                                Hi
                                I did as you suggested. I got a copy of my grievance meeting notes arrive yesterday (as I asked for them in the letter too) but nothing else. No explanation as to how long it will be, no applogy, no grievance conclusion.
                                I again asked what my employment title/status was and that I would like this resolved asap due to mental health and reminded them of their written contractual policy.
                                Is it best to just wait? My 3 months minus 1 day ends in 4 weeks so I'm getting a bit nervous. I'm presuming they are holding out to either get me to resign or to fall out of the date process?

                                Comment

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