Problem Manager

[Melbat]

Re: Problem Manager

Hi Again,
Have been trying to get hold of my dismissal letter and P45 from employers,still no joy. They have said that I can not have a dismissal letter as I was not dismissed and she also mentioned that I had not put a grievance in,which I most definitely did.
Seems I was misinformed by the manager I was dealing with in regard to the grievance.And she has since left the company

Waiting to hear back from ACAS anyway regarding EC but dont hold out much hope now if they are denying any knowledge of the matter.

Thanks
Melbat

[mariefab]

Re: Problem Manager

What were your answers to these questions on the ACAS EC form?

If applicable, on what date did your employment finish?
On what date did the event that you intend to make a claim about take place?

[Melbat]

Re: Problem Manager

The event took place on the 7th September. I finished on 5th October.
I submitted the complaint/grievance on the 7th September.

Just had a call from the lady from EC and she has had no joy either with the company,they are denying all knowledge and are saying I had not followed the correct procedure re:Formal Grievance.
I did ask the area manager at the time if there was anybody else I needed to contact about the grievance and she responded that I didn't as she would be dealing with it.

[mariefab]

Re: Problem Manager

Do you still have all the emails that you sent and all the emails you received from 7th September onward?

[Melbat]

Re: Problem Manager

Yes,have them all saved.

[mariefab]

Re: Problem Manager

Good. Can you post them all here?
If so, do it like this...

7th September- email 1 from Me to Area Manager
....complete content of email....

?th September- response from Area Manager to email 1
....complete content of email....

etc.

If there were any phone or face to face conversations between emails write them up like this example...

??th September phone call 1 between Me & Area Manager (or F-F conversation between...etc)
I said....
He/she said.....

and intersperse them where appropriate between the emails so that the timeline is in order.

This will enable us to get the fullest picture of events so that we can then suggest your next steps.

[Melbat]

Re: Problem Manager

Will do that when I'm on my home pc later.

Got a call from the EC lady telling me the month is up and that this has now run its course. My old employers didn't respond it would seem. She told me to seek advice should I wish to continue to tribunal from CAB or whoever,and to take into account the fees and the like and then let her know if I'm going to continue.

I only ever contacted any people via e-mail, as I wanted a record,so there were no phone conversations as such.

[Melbat]

Re: Problem Manager

OK,Have edited out names and things(I hope) have attached e-mail file.

Thanks
Melbat

[Melbat]

Re: Problem Manager

EC has now been closed.the month was up with no outcome.

[mariefab]

Re: Problem Manager

OK, so now you need to decide whether it's worth submitting a Tribunal claim.
Have you found another job?

[Melbat]

Re: Problem Manager

Not as yet unfortunately. I just cant believe that they are denying anything has happened. The area manager obviously didn't let them know and has since left.
According to the lady at ACAS the tribunal may not take my problems into account as I (according to HR woman) haven't followed correct procedure.

[teaboy2]

Re: Problem Manager

You followed what you were instructed to do by the area manager - Was there no employee handbook in store or do you have a copy of the grievance procedure in your contract of employment?

Contacting the area manager is in for most companies correct procedure - especially in retail.

Sorry not been around for awhile.

[Melbat]

Re: Problem Manager

Hi Teaboy,
The handbook conveniently got locked away when I went in search of it,but that would be my word against hers.I asked on a few occasions for a copy of my contract,from area manager and woman at HR but never received anything,just so annoyed now that it seems to have been brushed under the carpet and she continues to bully people( hearsay) and is getting away with it.

Melabt

All the best all for xmas and the new year

[Openlaw15]

Re: Problem Manager

Constructive dismissal are just words....but this remedy costs lots of money especially since the tories new tribunal fees make it nearly impossible to have any justice. There is no such thing as a contractual duty of care - as a duty of care is not a term in contract, it in fact relates to tort (compensation law etc) law. If you have a union they could deal with it for you, if you don't have a union the risks of losing a tribunal could be costly. If you could find a new job it will save you lots of hassle...the UK is very much like the USA now where employers have all the power unless you're rich enough to afford good lawyers.

A solicitor could take it on but you'd still have to be eligible for tribunal fees unless you're on certain income-related benefits. It depends on your company too whether they'll pay for expensive lawyers to defend the case. The tribunals are now willing to make the normal people, ie the worker responsible for the employer's costs, ie force you to pay. My advice is be careful! I heard of an employee losing and having to pay £35,000 in legal costs/ other, in which she had to think about going bankrupt. If you have your own house too, they can apply for a charge order which means they could at some point try to force a sale to get their money back!!!

[teaboy2]

Re: Problem Manager

Constructive dismissal are just words....but this remedy costs lots of money especially since the tories new tribunal fees make it nearly impossible to have any justice. There is no such thing as a contractual duty of care - as a duty of care is not a term in contract, it in fact relates to tort (compensation law etc) law. If you have a union they could deal with it for you, if you don't have a union the risks of losing a tribunal could be costly. If you could find a new job it will save you lots of hassle...the UK is very much like the USA now where employers have all the power unless you're rich enough to afford good lawyers.

A solicitor could take it on but you'd still have to be eligible for tribunal fees unless you're on certain income-related benefits. It depends on your company too whether they'll pay for expensive lawyers to defend the case. The tribunals are now willing to make the normal people, ie the worker responsible for the employer's costs, ie force you to pay. My advice is be careful! I heard of an employee losing and having to pay £35,000 in legal costs/ other, in which she had to think about going bankrupt. If you have your own house too, they can apply for a charge order which means they could at some point try to force a sale to get their money back!!!

Whilst duty of care can be a tort, i have to disagree with your statement that there is no contractual duty of care. Under employment law and contract law, duty of care is an implied term - in regards to employment contracts, the following case law confirms that there is a contractual duty of care Walker v Northumberland County Council. In that case the employer knew of the stress related risks but failed to take appropriate action - Leading to their being in breach of the the implied contractual term of duty of care towards their employee!