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Victimisation dispute

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  • Victimisation dispute

    Public sector worker based in England (despite name)

    In June this year I raised grievance of bullying against my line manager. It followed intensive pressure to reveal private medical details about one of the people I managed. The outcome didn't find in my favour, but shortly after the outcome I received notification of more more than two dozen serious misconduct allegations against me by the same manager that I was notified of around 2-3 weeks after my grievance against them was not upheld. This was around early October. I was not offered the option of moving to another line manager's hierarchy whilst my complaint was investigated.

    The list of misconduct allegations stretched back to incidents from April and the most recent one was late September.

    Many of the issues were minor and I have emails revealing many were contemporaneously dealt with at the time as minor issues and never escalated as disciplinary contemporaneously, but they appear to be retroactively been repurposed as serious misconduct issues. As an example one of the charges is that I did not attend a daily management meeting in June. I have a record of my manager accepting my reasons in writing without any indication this would warrant warning, further discussion or any further action. This was before my manager became aware of my own grievance against them. However in early October, once my complaint against my manager had been adjudicated by the internal investigator, this issue was suddenly presented to me a matter of serious misconduct to which I needed to answer.

    The rest of the charges are equally minor in severity as missing one daily meeting and either meet one or both of the following criteria:
    1) Not escalated at all contemporaneously
    2) Not treated as disciplinary issues until 2-3 weeks after the outcome of my grievance against my manager, even though most of the charges were months old.

    The employer itself has refused to look into whether these charges were brought maliciously and as a result of a manager seeking revenge for my original complaint. All of the charges were found to have no basis by an internal investigator, however that decision only came a couple of weeks ago despite this happening last year it took several months to get an outcome.

    I'd appreciate opinion on whether this looks like victimisation
    Tags: None

  • #2
    Just a general observation from me is that it seems to have taken a long time to carry out the investigation/disciplinary i.e. Oct until the outcome decision a couple of weeks ago. I appreciate you work in the public sector but that is still a lengthy time for an investigation / disciplinary process to be active.

    In respect of whether what happened is victimisation this is defined as when someone is treated less favourably as a result of being involved with a discrimination or harassment complaint. Effectively victimisation means "suffering a detriment" because you have done or intend to do a "protected act" which is taking action in relation to discrimination.

    This then leads to the question when you raised your allegations of bullying by your manager did it directly relate to relate to any of the following "protected characteristics":

    - age
    - disability
    - gender reassignment
    - race
    - religion or belief
    - sex
    - sexual orientation





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