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Settlement offer after lodging a grievance against a co worker.

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  • Settlement offer after lodging a grievance against a co worker.

    My daughter has worked in an office for nearly 3 years. Last year she started to receive inappropriate texts from her boss. She confided in a colleague (she is senior to my daughter) who was a friend & asked for advice. Daughter spoke to boss & he apologised & everything got back to normal. After a few weeks this colleague started to bully, criticise my daughters work, daughter asked her to stop, colleague went to HR & MD informing them about texts saying they had been photoshopped. They had not. Daughter suspended for 2 weeks until we persuaded her to supply all the texts (in the discipline meeting she did not inform them of all the texts). The Md asked her to go back to work, this was March. Since then the colleague has gone out of her way to again criticise her work, ignoring her, changing her work whilst she is at lunch & much more and in my opinion is a bully. Daughter was scared to say anything to her. Came to a head, daughter had a panic attack, was signed off sick for 4 weeks. During this time the HR manager accepted that a grievance needed to be put in. Took them 7 weeks to reject it. Now 2 weeks later she has had a letter asking her to consider leaving the company with 1 months pay & as a gesture of goodwill 1 extra months pay. I find this shocking.
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  • #2
    Tell your daughter, to write back declining their offer, whilst making clear she will not be resigning and they will have to dismiss her. in which event your daughter will take them to employment tribunal.

    If the texts where of a sexually harassing nature, then that's sexual harassment and breach of the equality act 2010, the other employees bullying is clearly linked to the managers text (in my opinion). So i believe there maybe some collusion between them two - Maybe the ex-friend and manager know each other on an intimate level now after your daughter rejected his advances. As such, the bullying is linked to the sexual harassment - So if forced to go to tribunal your daughter would have grounds to claim for sexual harassment, harassment and bullying and unfair dismissal.

    In mean time she needs to get another fit note - She needs to explain all that has happened to her GP, that way you can use medical notes at tribunal too as supporting evidence.

    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    • #3
      Thank you for your reply, i will send this to her. The texts were sexual. I feel they will make her redundant as an option to get rid of her as she has now rejected their offer of a settlement. But yes we will then go to tribunal. Daughter has all the texts & the bullying malicious texts from the colleague as well.

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      • #4
        Don't worry about weather they may make her redundant or not, as the letter offering her a settlement to resign, is enough to prove that her role was not made redundant and they intended to get rid of her one way or another. They would basically have to prove to a tribunal that her role was made redundant, and that she was selected as part of a fair redundancy procedure, which would be next to impossible for them given the settlement offer in exchange for her resignation.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

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