Compromise or tribunal

Vincent_Vega

Hi I was looking for some advice I am currently sick from work due to bullying, victimisation amongst other things. I am looking towards a compromise from work. However redundancies are now happening and looks like the whole department is gone I,m not sure where I stand really and was wondering any advice could be helpful the union has my back during the greivance.

Takeaway_Addict

Tribunal for what exactly?

Fees now apply for tribunals so a compromise agreement maybe the best way to go but if your whole department is going it doesn't sound that optimistic that they would compromise.

You need to be talking to your union because again if the whole department is going they should be advising you on how to best to act.

Vincent_Vega

Tribunal for bullying,victimising me lack of managemen, leaving me to manage when it's not my job. Etc. the thing Is I went on sick before these redundancies happened its only been like two months so must they not deal with my grievance before this happens? As I have personal injury with psychological disorders I now have because of them etc.

zzzLazyDaisy

What date did you start working for this company?

When you say the whole department has gone - do you mean it has actually already closed and your colleagues have already left the company on redundancy terms but you are still employed and on sick leave?

Or do you mean that the company is currently in redundancy consultations with the employees who are employed in that department?

D

Vincent_Vega

Hi I started working for this company at the start of 2007 redundancys letters are going out this week It's started after I was off.

When I say the whole department sorry I mean my section in the department and the whole department will be rebranded if you like in to something new with what's left.

paulineb_2

Vincent_Vega wrote: »

Tribunal for bullying,victimising me lack of managemen, leaving me to manage when it's not my job. Etc. the thing Is I went on sick before these redundancies happened its only been like two months so must they not deal with my grievance before this happens? As I have personal injury with psychological disorders I now have because of them etc.

Unless you are sacked or you resign its going to be harder for you to bring a tribunal action, unless you fall into one of the discrimination categories and constructive dismissal cases are very hard to win

I know what its like to be in places where you are bullied and overworked and I have taken one previous employer to tribunal

Its stressful, it can be costly. If you want to go down the grievance route then do it, because tribunals look at whether you have tried to resolve things before you bring a claim.

But you need to have grounds for bringing the tribunal and unless you are dismissed or you resign, bullying on its own probably isnt enough

zzzLazyDaisy

To be honest I think you have been overtaken by events.

If your section is closing down, then your job will cease to exist and you will be at risk of redundancy along with everyone else in your section. There is no need for a selection procedure because everyone on the section is affected.

The employer does have a duty to consult and to consider whether there are any vacancies elsewhere in the organisation to offer you. That might mean that they invite applications for the proposed vacancy.

But from what you say, you might be better off taking the redundancy payment rather than fighting to remain?

Unless I have misunderstood something?

Daisy

Vincent_Vega

I have handed in proof of bullying I have on emails and things on emails about problems I have brought the attention of the management. But they have filed there own grievance against me which I am at a loss with as its just makes them look incompetent.

Vincent_Vega

been five weeks since and the manager has been asked to leave and he admitted liability by asking I get paid off.

I have won the battle but the war continues.......

marybelle01

Vincent_Vega wrote: »

been five weeks since and the manager has been asked to leave and he admitted liability by asking I get paid off.

I have won the battle but the war continues.......

Asking that you be paid off its not an admission of anything on anyone's part. It could equally be interpreted as "this person is not wanted and litigatious and the best way of getting them out the door is to pay them off". Be careful of assumptions.

And even if your assumption is right, so what? Employer says the grievance is done and dusted, they fixed it and you have no claim of anything and then they make you redundant anyway and you have no claim of anything.

You still haven't won the battle, never mind the war.

Acc72

marybelle01 wrote: »

You still haven't won the battle, never mind the war.

Hi OP =- you need to be sure of what battle or war you are fighting, from your posts it looks as though you are not sure.

Have you resigned or been sacked ? - if not, then I do not understand any talk about a "tribunal".

As others have said, going to litigation is now much more difficult and costly than it was a while ago. The main advice I would give you is please do not resign in the hope of claiming constructive dismissal (despite what any "mates down the pub" might advise).

What is your current situation ? - are you signed off sick ?

Do you receive SSP or full pay ? (if full pay, when does this run out ?).

Have you received a letter from the company with regards to the redundancies ?

Finally, you need to be sure of what exactly it is you want to achieve - is it to return to work, or to leave your current employer with as much money as possible ?

An easy answer all round might be for you to take redundancy.

You need to discuss this with your Union.