Sueing an employer?

[Monday]

Thank you for the information.

As regards the bullying/harassment allegations, she has evidence to support three out of the four definitions you kindly provided. She absolutely feels intimidated, and offended that she is being treated differently and subservient to the rest of the team. Even late yesterday afternoon, a minimal half-hour training session booked for today was cancelled for reason that "we cant spare the time"

[Monday]

Can I get further advice please as the situation has escalated.

The situation was outlined in post 3. The person has experienced 8 months of severe trauma since her job was taken away from her (the department was disbanded and new jobs created in other departments) and she found herself in her new department with a job that doesnt seem to exist, with no training, gaslighted by colleagues and various issues suggestive of bullying and harrassment.

On 13 February she reacted when a person newly in the firms employment tried to give her some work that she thought belonged in another department. I understand that she asked the person to check who should be doing it because she didn't want to upset the department that she thought the work actually belonged to. A situation occured when she raised her voice, saying "you don't give up do you". She has now been told that she will face a misconduct hearing if the other person makes a complaint about her.

It looks like the firm may be trying to swing matters around to blame her for a situation not of her making but mishandling by the firm of the way they have shifted employees into a different department. (She, for example,was employed as a Project assistant, is now called a Project Planner, but seems to be no more than a finance dept lackey). HR asked her last week if she wanted to leave and yesterday her union rep asked her again if she wanted to leave, saying that the firm would pay her. This looks like the firm trying to take the easy way out of a situation they created in the first place.

I should say that the workplace situation is slightly improving. Colleagues who havent spoken to her for four weeks have stopped treating her like she doesnt exist and there has been one training session, with another booked for next week.

Please can anyone advise?

[ULA]

I am not sure what you mean that "It looks like the firm may be trying to swing matters around to blame her for a situation not of her making but mishandling by the firm of the way they have shifted employees into a different department." in relation to an incident that happened with a new and therefore inexperienced member of staff.

Obviously you are posting on behalf of another person and unless you work alongside them and were in the vicinity of the interaction, you only know what this individual is telling you. If this person spoke inappropriately to a member of staff and if a complaint is made about that interaction, then the company, as with another complaint by one employee about another employee, will need to investigate. If a complaint is made, then it will be the outcome of the investigation into that incident that will determine whether any further action will be taken.

On the conversation with HR / union have these just been informal or have there been more detailed discussions? Given that the work situation is improving what does this person feel about whether they want to stay or leave?

[Monday]

I have no reason to doubt the veracity of what the person has told me.

The "new and inexperienced" staff member is in charge of a number of experienced staff, tried to give the subject person work that she thought belonged in another department and after a joint altercation, the subject person raised her voice and said to the "new and inexperienced" staff member "you dont give up do you". The subject person then made a verbal complaint to the department manager that she was being bullied. The bullying complaint was not specifically about the new employee but about a number of issues that meet the criteria for bullying in the workplace.

Since the above, clear attempts are being made to make the subject more inclusive, including giving her work and training so that the bullying allegation no longer applies. What remains is the threat of a possible misconduct complaint by the "new and inexperienced" staff member.

the subject does not want to leave an organisation that she has worked loyally and happily for for six years. However she believes that the department she has now been transferred to is not the best department to work in and has commercial values that conflict with those of the organisation (a charity) generally.

Her way out is to do home study to improve her previous project management skills with the objective that as more project management roles become available within the organisation, she may hopefully on merit be transferred out of the corporate finance department and put this whole sorry situation behind her.

She declined the offer to pay her to leave. She is not the protagonist although it may seem that way if the situation with the "new and inexperienced" staff member is isolated from all the other issues that have arisen from her previous department being assimilated into the finance department.

The involvement of the union and HR seem to be informally thus far.

Thank you for your response.

[Monday]

Sorry, wrong word. Should have said she is not the antagonist etc