Its a bleak bleak situation

quizzicalsitch

I was a manager of a small office for 5 years, we were taken over by a family run firm 2 years ago and right from the start it was apparent they wanted me out. The Business owner had a daughter who wanted the management position and spent months trying to bully me out of the role. Being a strong minded person i tried to go on but eventually a tipping point came and i was signed off work with stress due to the incessant bullying and comments from the head honcho's daughter. To try nip it in the bud, i reported it to the owner and before i knew it i was out of a job. He claimed his daughter had issues with me as a manager, and a few members of the staff i had managed had come forward with issues and he had no choice but to terminate my contract. Needless to say i was shocked it was all news to me, i had an unblemished record and all of the sudden he is claiming that i am rude, lazy, sloppy and that my peers don't like working for me. Obviously i asked to see all the evidence of this, he refused saying it was his own choice whether he decided to show me the complaints against me (there are non). I appealed the termination but the appeal went horrendously, he was rude and very defensive of his actions, he mintained i was lazy and lied and apparently an entire office of people had refused to work under me. His daughter was there as his witness and she was also vile to me. They basically laughed off my claim of unfair dismissal. I wont lie, i felt like punching him, especially when i realised they had been reading private emails that had been linked to my work computer regarding advice over a claim for unfair dismissal. I asked for his investigation findings and he just laughed. My appeal was cut short and i was told to leave as the matter was closed. Before leaving i told him i would be going to ET. (I have legal protection cover in my home insurance so the cost to me is merely the excess)

Approx 4 days later i received an email demanding that i return to work the following monday. Again not gonna lie, i was not going to go back to the office now. Prior to the appeal i would have but his attitude at the appeal and insistence that i was a liability, and was unwanted in the office had put a new spin on it. If he'd been impartial in the meeting i would have jumped at the chance of getting my job back, but i couldn't go now due to the shame, and possibility that my life would be made hell again by them in an attempt to get me out. So declined very politely, and at the prompting of some good legal advice i outlined the 4 reasons i felt i could not return, including breach of trust and confidence in the employer and the general bullying concerns ( I had evidence). I suggested a settlement agreement and references. His response was not good, he told me i was now awol and at risk of incurring a penalty which could lead to disciplinary and dismissal. I know this is just another attempt to intimidate me as i am not contracted to his business and he can't make me go back no matter what he tries. He's demanding i hand all me legal advice over to him and generally attempting to make my life hell. If it goes to tribunal what is likely to happen. The cost won't be an issue as i'm insured for this , but is this bully likely to get away with it. Also i'm afraid he will give me a bad reference now. If he does, does he need tohave evidence to back up all of his claims against me. Only someone told me untruthful bad references can land an employer in court. Help someone. :eek::eek::eek:

mandragora_2

What does the legal advice you've been getting say? They will know the ins and outs of your case better than strangers on an internet forum.

Takeaway_Addict

A reference can be bad as long as its factually true, however if its not truthful then pursuing a case against this I heard was generally not worth the risk.

You would, as you say be better of getting a compromise agreement, depending on how much money you want I can't see why they would refuse unless they have proof of their claims or they are just reckless.

Just don't be to greedy with what you want money wise because as you know the reference is likely to be more important.

Also, does the legal cover cover the new fees introduced?

quizzicalsitch

My solicitor is on leave, which is typical so I can't discuss anything with them til Monday or Tuesday. Yes all fees are covered, I have double checked. The settlement agreement is a no go, he just refuses. My biggest worry is that he will sabotage my employment future. He can write all manner of derogatory things about me if he chooses. And I wouldn't put it past him to do so after all of the intimidation tactics he has used.

Cornball

1) Sorry, can you clarify if you were terminated after the appeal? Anything in writing?

2) Formally ask for all investigation paperwork pertaining to the meetings, including the outcome.

3) Request copies of all of their HR procedures/policies.

4) Do a Subject Access Request asking for all emails between the Boss and his daughter, copies of any previous complaints against you, copies of your performance reviews and anything else you think might be pertinent. You will need to provide date ranges for them to search (i.e. emails between 13th January 2012 and 6th August 2013).

5) All communication needs to be in writing, preferably email. Follow up any telephone conversations with emails, play dumb:

Dear Boss,

Just to confirm our telephone conversation you requested that I...blah blah. Please confirm by return that this is correct.

Where you catch them out is by them not following their own procedures, so the stage you are it is quite key. Failure by them to provide any of the above, when you have proof of asking will be looked upon poorly by a Judge.

Just FYI, being bullied in of itself is not a tribunal claim unless you can link it to disability, sex, age, etc. You very much need professional advise at this stage, which you say you are getting.

In terms of a reference, can your former owners/former manager provide one as a back up? I have done this without issue. You'll likely be able to negotiate one with these muppets but it may take a while and, with respect to the previous poster, I would value money over a bit of paper, however that's just my opinion.

Takeaway_Addict

quizzicalsitch wrote: »

My solicitor is on leave, which is typical so I can't discuss anything with them til Monday or Tuesday. Yes all fees are covered, I have double checked. The settlement agreement is a no go, he just refuses. My biggest worry is that he will sabotage my employment future. He can write all manner of derogatory things about me if he chooses. And I wouldn't put it past him to do so after all of the intimidation tactics he has used.

To put it bluntly if I wanted to sabotage your employment chances I would just refuse to provide a reference, 5 years in a job and no reference is a big gap to cover.

If the lawyers will take the case on keep pushing it through and keep mentioning compromise agreements.

quizzicalsitch

I only have the appeal minutes to corroborate my dismissal being upheld, but the union rep from unison was a witness too. We have on 6 different occasions requested the evidence and investigation paperwork which he refuses. (seems to be a new trend as a few people I have spoken too in similar situation have also been refused) though I'm positive he needs to supply evidence against me. No policy or procedure to speak of, not something he got round to doing he says. I was not even party to disciplinary, was contacted whilst still off sick and told not to come back. All correspondence is done via email,

The bullying has gotten personal there have been references to something bordering on sex discrimination. ( pregnancy related) . I am lucky I have other referees but a 5 yr employment gap is bad, people want past employment reference including the most important most recent employer. So I am in a difficult position there. Monetary compo is not the biggest issue. I want some respect and dignity after working my backside off for 5 yrs.

Takeaway_Addict

quizzicalsitch wrote: »

I only have the appeal minutes to corroborate my dismissal being upheld, but the union rep from unison was a witness too. We have on 6 different occasions requested the evidence and investigation paperwork which he refuses. (seems to be a new trend as a few people I have spoken too in similar situation have also been refused) though I'm positive he needs to supply evidence against me. No policy or procedure to speak of, not something he got round to doing he says. I was not even party to disciplinary, was contacted whilst still off sick and told not to come back. All correspondence is done via email,

The bullying has gotten personal there have been references to something bordering on sex discrimination. ( pregnancy related) . I am lucky I have other referees but a 5 yr employment gap is bad, people want past employment reference including the most important most recent employer. So I am in a difficult position there. Monetary compo is not the biggest issue. I want some respect and dignity after working my backside off for 5 yrs.

The guy sounds an !!!! and if your union were there then surely they can pursue the tribunal rather than using your house insurance?

With teh greatest respect, don't worry about dignity and try and view this as a business transaction. You need to get the best deal for you that you can regardless if he apologises or gives you any scrap of dignity back.

Business mind

quizzicalsitch

Takeaway_Addict wrote: »

To put it bluntly if I wanted to sabotage your employment chances I would just refuse to provide a reference, 5 years in a job and no reference is a big gap to cover.


This is my biggest fear, years of hard work to establish myself gone and for the simple fact I complained about my bosses daughter.

quizzicalsitch

I only have a restricted membership to the union, I was entitled to representation but I must cover all legal expenses apparently, I don't mind either way. Just want the matter put to bed.

Takeaway_Addict

quizzicalsitch wrote: »

I only have a restricted membership to the union, I was entitled to representation but I must cover all legal expenses apparently, I don't mind either way. Just want the matter put to bed.

I wish you luck and please keep us informed on the progress as this can take some time.