Problem at work - Won appeal - What now

spud30

wuckfit wrote:

speak to an employment lawyer/ union rep etc. you could be in a very strong position to walk out if she starts her tricks again and then claim constructive dismissal.

It's unlikely that on your return you will end up working with her again. in fact you may be able to try to make it a condition of your return that you don't.

but you really need to speak to an expert in employment law.

She is the Area Manager, so I would still be working for her, unless I went to work 100 miles away in a different area.

spud30

zzzLazyDaisy wrote:

Just caught up with this thread.

Firstly, Well, done for winning your appeal!

As someone else has said, keep a diary of EVERY comment, incident, etc.

If she oversteps the mark, lodge a grievance against her.

Do you know why the decision was deemed to be innapropriate?

If she puts a foot out of line, the suspension and dismissal could be used as evidence in the grievance that she is bullying/victimising you or otherwise 'has it in for you'.

Alternatively, do you have a good sick pay scheme? And a supportive GP? If so, you could consider going off sick with work related stress. You'd have good reason after what they have put you through, the company may even be willing to talk about giving you a pay-off and an agreed reference, if that is what you want.

Please note: I am an employment lawyer, however the above comments are given for information only and do not constitute advice.

Thanks love.

I don't know why the decision was deemed inappropriate, but I was accused and dismissed for things I hadn't done, and was able to prove I hadn't done.

She will make my life hell if I go back. At my appeal, she let doors go in my face etc. It wasn't nice.

They have a fantastic sick pay scheme, but don't know where I'd stand with getting notes from my doc.

I have had to get another job, which I love, but pays a pittance compared to my last position. I would hate to let them down and leave.

A pay off and a reference would be the ideal outcome, but I'm not sure how to go about it.

Any advice is very much appreciated :A

Emmzi

1. smile like a maniac when you go in next week. (that's just for fun)
2. once you have 2 or 3 incidents in your book, ask for a transfer to another team
3. If they can't do that. lodge a grievance. outcome of that should be either she goes, gets nicer, or they offer you a 'compromise agreement'.

spud30

Emmzi wrote:

1. smile like a maniac when you go in next week. (that's just for fun)
2. once you have 2 or 3 incidents in your book, ask for a transfer to another team
3. If they can't do that. lodge a grievance. outcome of that should be either she goes, gets nicer, or they offer you a 'compromise agreement'.

Emmzi,

I have done nothing but smile and stay calm all the way through this nightmare. Have been very different at home, but I have big problems letting people know my feelings. I didn't want her to see me upset

The trouble is, I think my calm attitude has made matters with my boss much worse. She didnt get the satisfaction of seeing me upset, and it has wound her up and made her all the more angry.

There isn't another team I could transfer to, unless I wanted to commute hundreds of miles each week.

She wont go , or get nicer unfortunately. She isnt just a team leader, she is an area manager, covering a big part of the country.

Sorry to sound stupid, but what is a 'compromise agreement'

MinnieSpender

Go back to work. Do keep a diary. You already have a massive wodge of evidence in recent events. If she continues, you can resign and sue for constructive dismissal. It sounds as if that is what it may come to.

I doubt whether the company would want to go to tribunal for this issue. This is where they would probably make you an offer to leave - you can then negotiate a reference and compromise agreement (which would bind you to certain conditions, e.g. not to continue with the tribunal) and a pay off.

Good luck x

spud30

MinnieSpender wrote:

Go back to work. Do keep a diary. You already have a massive wodge of evidence in recent events. If she continues, you can resign and sue for constructive dismissal. It sounds as if that is what it may come to.

I doubt whether the company would want to go to tribunal for this issue. This is where they would probably make you an offer to leave - you can then negotiate a reference and compromise agreement (which would bind you to certain conditions, e.g. not to continue with the tribunal) and a pay off.

Good luck x

Hi Minnie,

Would it be an option to resign now and sue for constructive dismissal, rather than go back and then do it?

I'm not sure I can face going back

ZTD

spud30 wrote:

She will make my life hell if I go back. At my appeal, she let doors go in my face etc. It wasn't nice.

She did this because she thought she'd get away with it. She sacked you because she thought she'd get away with it.

If she tries to make your life hell, just point out that every incident is a nail in the coffin of her job. You can start the diary with the door incident.

Ask the company than since they'd found she'd treated you unfairly, what measures had they since put in place to prevent it happening again. Make this correspondance in writing.

If an internal company tribunal (which are by their very nature biased towards the management) has found against her, then an independent industrial tribunal will rip them a new one.

ZTD

spud30 wrote:

She wont go , or get nicer unfortunately. She isnt just a team leader, she is an area manager, covering a big part of the country.

She'll go if she gets sacked. She'll get nicer if she starts to believe that there is a possibility she'll be sacked.

You need to start working towards that then - assuming you'd like to stay in that job.

MinnieSpender

How are your other colleagues? Supportive towards you? Aware of her actions? Maybe she's behaved this way towards others?

spud30

MinnieSpender wrote:

How are your other colleagues? Supportive towards you? Aware of her actions? Maybe she's behaved this way towards others?

I havent really seen many of them since I was suspended.

A couple of them acted against me as witnesses at my appeal, and had obviously been told what to say. Unfortunately, their evidence hadn't been researched properly, and I could answer every question.