Tweet
Hello All,
I am looking for advice regarding the merits of a possible detriment claim.
What happened is that I was taking my lunch break in the office and a manager approached me stating that one of the trustees wanted to meet with me right away. I asked the manager why he wanted to meet with me and also pointed out that it wasn't a good time as I was on my lunch break. I was told that he wanted to meet with me to discuss the financial implications of opting out of the pension scheme and the impact this could have on my future pension. I was asked if I have any other private pensions. I declined the meeting stating that I had opted out of the scheme and didn't want to discuss my reasons for doing this further. I also pointed out that I was on my lunch break. The manager left. This interaction was observed by my very supportive line manager.
Almost straight away, the trustee (who I had never met before) came storming in to the office and asked very aggressively to confirm that I had refused to meet with him - a trustee. He was raising his voice and stood over me. I was so shocked that I just did not know how to respond. My line manager tried to intervene to diffuse the issue but the trustee continued in his raised tone stating that it is a simple "yes or no" answer - was I refusing to meet with him? I explained that I had opted out of the pension and didn't feel the need to explain my reasons further. He insisted that he still needed to meet with me and it was clear that I was not allowed to say no. I suggested we do it in the office where I was (as I felt safer there) but he said it needed to be in private. I went with him in the end. It turned out that he did not want to discuss my reasons for opting out. It was just that the opting out process had not been followed correctly and I needed to be auto-enrolled after which I then opt out and receive a reimbursement of the pension contributions. I consented to this and left the meeting room. I felt very upset, intimidated and distressed by his manner and this was evident to some of my colleagues.
I raised a grievance but spoke with the manager the following day and agreed to, rather than pursuing the grievance, instead send an informal email to the trustee asking for reassurance that we can have calmer discussions in future. In response to this, the trustee raised a complaint against me. I defended his complaint by enclosing witness statements from my line manager and a colleague in the adjoining office who witnessed his raised and agitated tone which they had both felt was alarming. There were no other witnesses. The trustee's complaint against me was that I refused a reasonable work request, had unfairly criticised his work and was deliberately trying to get him into trouble. The trustee confirms that he knew that I was on my lunch break when I declined the meeting request. I see his complaint against me as a continuation of the bullying behaviour - I think it was entirely vexatious.
My grievance and the trustee's complaint have both been investigated by another trustee and it has been decided that neither is to be upheld. This was a very drawn out process which took over two months. It is suggested that I should have said something like "I don't really understand what the trustee wants, but I will meet with him just as soon as I have finished my lunch". The investigation has found that he did raise his voice towards me but that "with a small degree of common sense and willingness to listen", it is likely that the grievance and complaint could have been avoided. No sanctions are to be applied to either of us. I am concerned by this outcome as I now feel no assurance that my employer will respond appropriately to bullying in the workplace - that I will not be protected.
I am considering starting early conciliation with ACAS regarding a detriment claim. The detriment I have experienced is bullying and this happened because I was asserting my statutory right to a rest break. I have two solid witnesses who have already completed statements in my favour. There were no other witnesses. And the trustee's statement confirmed that he knew I was on my lunch break when he approached me and raised his voice.
I am wondering if people think that there is much merit to a detriment claim? If there is some merit, what sort of financial award would be reasonable in terms of injury to feelings?
Thank you for taking the time to read this.
I am looking for advice regarding the merits of a possible detriment claim.
What happened is that I was taking my lunch break in the office and a manager approached me stating that one of the trustees wanted to meet with me right away. I asked the manager why he wanted to meet with me and also pointed out that it wasn't a good time as I was on my lunch break. I was told that he wanted to meet with me to discuss the financial implications of opting out of the pension scheme and the impact this could have on my future pension. I was asked if I have any other private pensions. I declined the meeting stating that I had opted out of the scheme and didn't want to discuss my reasons for doing this further. I also pointed out that I was on my lunch break. The manager left. This interaction was observed by my very supportive line manager.
Almost straight away, the trustee (who I had never met before) came storming in to the office and asked very aggressively to confirm that I had refused to meet with him - a trustee. He was raising his voice and stood over me. I was so shocked that I just did not know how to respond. My line manager tried to intervene to diffuse the issue but the trustee continued in his raised tone stating that it is a simple "yes or no" answer - was I refusing to meet with him? I explained that I had opted out of the pension and didn't feel the need to explain my reasons further. He insisted that he still needed to meet with me and it was clear that I was not allowed to say no. I suggested we do it in the office where I was (as I felt safer there) but he said it needed to be in private. I went with him in the end. It turned out that he did not want to discuss my reasons for opting out. It was just that the opting out process had not been followed correctly and I needed to be auto-enrolled after which I then opt out and receive a reimbursement of the pension contributions. I consented to this and left the meeting room. I felt very upset, intimidated and distressed by his manner and this was evident to some of my colleagues.
I raised a grievance but spoke with the manager the following day and agreed to, rather than pursuing the grievance, instead send an informal email to the trustee asking for reassurance that we can have calmer discussions in future. In response to this, the trustee raised a complaint against me. I defended his complaint by enclosing witness statements from my line manager and a colleague in the adjoining office who witnessed his raised and agitated tone which they had both felt was alarming. There were no other witnesses. The trustee's complaint against me was that I refused a reasonable work request, had unfairly criticised his work and was deliberately trying to get him into trouble. The trustee confirms that he knew that I was on my lunch break when I declined the meeting request. I see his complaint against me as a continuation of the bullying behaviour - I think it was entirely vexatious.
My grievance and the trustee's complaint have both been investigated by another trustee and it has been decided that neither is to be upheld. This was a very drawn out process which took over two months. It is suggested that I should have said something like "I don't really understand what the trustee wants, but I will meet with him just as soon as I have finished my lunch". The investigation has found that he did raise his voice towards me but that "with a small degree of common sense and willingness to listen", it is likely that the grievance and complaint could have been avoided. No sanctions are to be applied to either of us. I am concerned by this outcome as I now feel no assurance that my employer will respond appropriately to bullying in the workplace - that I will not be protected.
I am considering starting early conciliation with ACAS regarding a detriment claim. The detriment I have experienced is bullying and this happened because I was asserting my statutory right to a rest break. I have two solid witnesses who have already completed statements in my favour. There were no other witnesses. And the trustee's statement confirmed that he knew I was on my lunch break when he approached me and raised his voice.
I am wondering if people think that there is much merit to a detriment claim? If there is some merit, what sort of financial award would be reasonable in terms of injury to feelings?
Thank you for taking the time to read this.
Comment