HELP! Bullying, breach of confidentiality SNEAKY

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

I'm more confused with this! Not sure if putting a grievance in is something I should do if I can't use as previously mentioned.

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

The decision is yours at the end of the day

People have different views on subjects

A grievance is normally handled by the first tier line manager, then escalated to a stage 2 or 3 if necessary with elevated status of the managers as well. This depends on the size of the employer

If the disagreement is against the big boss it is only reasonable a different adjudicator deals with the matter on an impartial basis. Especially if the employee feels the grievance would not be concluded with an objective frame of mind.

Employees experiencing mental health issues , anxiety/depression, PTSD can be a consequence of bereavement. People can be considered as disabled under the act and requires the employer to make reasonable adjustments and remove work place barriers.. The usual long term and future qualifying period does not apply as a qualifying characteristic when identified

The same qualifying criteria can be used when a woman suffers a miscarriage or still birth

I draw my experience from 20 years as an Area Health and Safety Rep for a national trade union, Diploma in Occupational Health and NEBOSH Registered. Not to mention three Employmernt Tribunals

ACAS only set minmum standards an employer has to follow. The ultimate decision on what is reasonable under individual circumstances will be down to a tribunal to decide if necessary

But the decision is yours on what action you decide to take

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

I agree that the decision is OPs alone but the reality is that the complaint is about the CEO and, even if someone less senior was to hear the grievance, being the only way it could be dealt with by someone external to the situation, in a small company that OP describes, who is the person going to find in favour of.

The definition of disability in the Equality Act is something which has significant adverse impact on ability to perform day to day activities and which, in this case, is expected to last at least 12 months (Schedule 1, paragraph 2) - nothing in OP suggests that definition is met.

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

As i said, the issue with Bereavement, still birth Miscarriage is exempt from the normal 12 month qualifying criteria

The Act provides for certain people to be deemed to meet the Definition of disability without having to show that they have an
Impairment that has (or is likely to have) a substantial and long-term Adverse effect on the ability to carry out normal day-to-day activities.

I know this to be true because i handled a case all the way to a tribunal.

The employee was ill health retired for a protracted absence with depression. She suffered after her child passed away with sudden infant death syndrome (cot death)

The employer withdrew all objection at the last minute. She was reinstated after a 12 months abscence, back pay and full holiday entitlement refunded.

I realise no tribunal decision was reached but they told me it was a commercial decision and they did not wish the publicity after taking further legal advice

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

As i said, the issue with Bereavement, still birth Miscarriage is exempt from the normal 12 month qualifying criteria

The Act provides for certain people to be deemed to meet the Definition of disability without having to show that they have an
Impairment that has (or is likely to have) a substantial and long-term Adverse effect on the ability to carry out normal day-to-day activities.

I know this to be true because i handled a case all the way to a tribunal.

The employee was ill health retired for a protracted absence with depression. She suffered after her child passed away with sudden infant death syndrome (cot death)

The employer withdrew all objection at the last minute. She was reinstated after a 12 months abscence, back pay and full holiday entitlement refunded.

I realise no tribunal decision was reached but they told me it was a commercial decision and they did not wish the publicity after taking further legal advice

With respect, this is not the same as saying that bereavement is a condition which automatically qualifies as a disability.

The only conditions which are exempt are cancer, HIV infection and MS (in the primary legislation and blindness or partial sight (in secondary legislation).

Even if it were, I would expect it to extend to close relatives rather than friends.

IF bereavement were an exempt condition, most of us would qualify as disabled at some point.

I accept entirely what you say about the case you dealt with and recognised that in some circumstances bereavement may be a causal factor in a mental health condition, but as you say, it was a commercial decision, which is the basis upon which much litigation is settled.

[judgemental24]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Yes i will agree Bereavement is for close relatives in an employee context, direct blood relative.
I think the OP post confused the issue

I think the point can be concluded is that unless it is protected characteristic and covered under the act, what is a reasonable response from any employer can only be settled at an Emloyment Tribunal as a last resort

[stevemLS]

Re: HELP! Bullying, breach of confidentiality SNEAKY

Agreed, although at present the OP simply has no cause of action to bring Tribunal proceedings.

I think the OP has, understandably, conflated a number of issues which each need to be dealt with individually - which is why in my first post I tried to make suggestions on each one.

[Lollyf30]

Re: HELP! Bullying, breach of confidentiality SNEAKY

TThank you everyone! I will draft my grievance letter this evening and post for some feedback!

Thanks