Grievance Case

[Rks2020]

Sorry, also I have never had any conduct code or investigation against me for anything during my service.
They are still investigating the fact finding regarding my alleged "unauthorised" leave in December for 1.day Seems very odd, I asked this question during my 2nd grievance interview, though the union know that the process is falwed and out of time as they were supposed to complete this within 7 days, it's been 3 weeks.

[ULA]

No they cannot just terminate your employment as I have already stated. They would have to have a reason to do so and they would need to follow a fair and reasonable process.

[Rks2020]

Hi all,

Just want to clarify, if my present condition has been caused by the incident at work with manager and I did not have that issue before, does it mean I have no recourse of any claim against personal injury?
If I do have a claim do I need to see a specialist ie psychiatrist to strengthen my claim?

Thanks

[ULA]

You can make a claim for injury to feeling to compensate you for the hurt and distress suffered as a consequence of your employer's discriminatory action, if you van prove this. However you cannot make a personal injury claim as part of the ET claim.

If you were to try to make a personal injury claim, it would need to be an entirely separate claim that would no doubt go through the company's insurer and require you to probably have medical examinations, although this are is outside my expertise.

[Rks2020]

OK thanks ULA,

I will get the insurance legal team to check for this separately, thanks.

[Rks2020]

Hi,
I have sent details to insurance legal solictors to evaluate personal injury claim.

I have also requested all correspondence from higher manager relating to witness statement and repondants statements few days ago, nothing forthcoming atm not even a reply.

I should be given these?
I'M sure as I will need these for Acas and or insurance legal advisors.

[ULA]

Not sure what you mean by respondent's statements as at the moment you are not in litigation.

Did you do your request as a Subject Access Request? If so then they have up to 30 days to provide the information. Or was it a just a "please can you provide" type request?

[Rks2020]

Sorry,
Meant the manager who I have taken grievance against, I wanted copy of her statement as I was sonly shown it for a couple of minutes during my appeal.

I requested in an email to the manager who is overseeing this grievance.

Thanks

[ULA]

I would do a chaser today as we are getting to an extended weekend and ask for it by close of business next Tues.

If it is not forthcoming then you may need to make a Subject Access Request (SAR) and in doing so cover the range of documents you feel you need for your claim. Requesting a copy of your personnel file held in either paper or electronic format should provide most of what you need but you may also need to consider:

* What information would be most useful to you to assist with your claim?
* What information is your employer least willing to disclose?
* Who is likely to be the author of the information you need?
* What types of communication are used in your organisation e.g. email, Slack, IM, text message, chat rooms etc that may need to be covered in your request?
* What time periods are likely to include relevant information?

As I said in my last post the company has up to 30 days to provide the information but it you make the request too broad or complex they can extend this by a further 2 months which would not be helpful to you. So I suggest you keep it very focused if you have to submit an SAR.

[Rks2020]

OK thanks, will do.

[Rks2020]

Hi,

I did not receive any replies regarding my request for copies of documents to do with my grievance case.

I have managed to contact the correct dept who deal with Sar.

I will be completing this over next couple of days, I have a question about this though, how does one know when this dept asks the individuals for emails texts messages on teams about you, that they are sending all data? Or does the such dept go through their data themselves, I am assuming the manager s will know I have requested this info from them?

Thanks

[Benny8902]

Hi,

I did not receive any replies regarding my request for copies of documents to do with my grievance case.

I have managed to contact the correct dept who deal with Sar.

I will be completing this over next couple of days, I have a question about this though, how does one know when this dept asks the individuals for emails texts messages on teams about you, that they are sending all data? Or does the such dept go through their data themselves, I am assuming the manager s will know I have requested this info from them?

Thanks

Subject Access Requests can take up to 1 month, but bare in mind they can be extended to 3 months in certain circumstances. The data controllers will go through the documents and redact certain things depending as they also need to take into account other people personal data.


Have a read of ICO website for more info on right of access

https://ico.org.uk/for-organisations...social%20media.

[Rks2020]

Hi,

I did not receive the information I requested for so have just sent off Sar detailing dates and content I require. Am I correct to assume that the data controller within the firm accesses the data I requested from the named person's in the SAR and then filters out info not relating to me?

With reference to the leave situation that the mangers are investigating, we asked at the grievand 2 meeting what was happening and we were told that it's still ongoing.

Soon after that I have received the outcome of the 2nd grievance case which was about my claim of victimisation and in our view wrongfully removal of shift allowances, both not upheld.
Together with this I received emails showing who exactly started this process of the leave investigation. It was my manager.
What is strange though is manager knew about this on the day I was not present at work, in their emails manager stated they did not authorise leave, that it was blatant disregard of company policy.

Manager made no attempt to contact me at all but passed on immediately to operational manager to investigate.
However the circumstances I was told how this discovery of non authorised leave came about and that was totally different than what I have discovered by the disclosure of some emails.
Secondly I was not interviewed until 3 months after the day I took leave.
So the same manager took grievance 1 out on. So did not question me at all after my return to work next day, nothing, yet in the background all these investigation were going on.
I also seen the manager requesting for operations to look for further possible instances on the emails.
So operations did not believe me when I said I had asked for leave to be approved from my manager.
Regarding the allowances operations told me that they routinely check everyone's allowance and that how they realised I should not be getting them according to them.
How the emails show that it was my manager who requested operations to initiate removal citing that I had refused coverage of a shift.
The shift in question was a weekend one which is not part of our guys agreed shift so it was only covered on a voluntary basis.
Other people of my same grade get the same allowance and they do the same work as me but only step in covering a shift if it's really necessary.
It just so happens I have not had to step in.
My question on this is, I think this is victimisation and I will appeal, as the most senior manager overseen the 1stage this should now go outside the office.
But I should be expecting the call from Acas next week regarding all these incidents including the the 1st grievance case.
In a week's time is my 2nd stage of mediation, I cannot for the life of me it's going to go well, I cannot ignore what my manager has been doing, I know to get rid of me.

Thanks for any guidance, info.

[Rks2020]

I Have a question please.

During a fact finding meeting couple of months ago I asked a question and the manager replied, I don't think the manager put that in the notes.
I had rep with me at the time, this week I been called to another meeting, my question is can I ask the manager the same question and ask him to add that now or put the answer to my question in ring and sign it?
This is critical to the outcome and would show evidence of victimisation.
I did not get to keep a copy of meeting notes at the time but have requested a copy now.

Thanks

[ULA]

You can certainly ask the same question again to the same manager. You will just need to make sure notes of the meeting are being taken and that you get a copy. When you do make sure that question and answer has been noted.